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R-12-04-26-F4 - 4/26/2012 RESOLUTION NO. R-12-04-26-F4 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into a Joint Exercise of Powers Agreement with the National Joint Powers Alliance for the purpose of accessing available purchasing contracts for goods and services,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Joint Exercise of Powers Agreement and a Membership Agreement/Participating Member document with the National Joint Powers Alliance, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: qphtl- SARA L. WHITE, City Clerk O:\wdox\SCC lnts\0112\1204\MUNICIPAL\00248301.DOC/rmc EXHIBIT „A» JOINT EXERCISE OF POWERS oiPA AGREEMENT National Joint Powers Alliance This Agreement is Between the National Joint Powers Alliance® (NJPA) and ' Z6 04 Gtlo-d 1�0CIL (partkip ting governmental agency) Agreement.The participants in this Joint Exercise of Powers Agreement,hereinafter referred to as the Agreement, agree to jointly or cooperatively exercise certain powers common to them for the procurement of various goods and services by the participants.The term"governmental agency"as defined and used in this Agreement, includes any city, county,town,school district,education agency,post secondary institution,governmental agency or other political subdivision of any agency of any state of the United States or any other country that allows for the Joint Exercise of Powers,and includes any instrumentality of a governmental agency.For the purpose of this section,an instrumentality of a governmental agency means an instrumentality having independent policy making and appropriating authority. Purpose.The purpose of this Agreement is to allow for the cooperative efforts to provide for contract and vendor relationships to purchase supplies,materials,equipment or services(hereinafter referred to as goods and services,)as a result of the current and active competitive bidding process exercised by a legal qualifying bidding agency on behalf of governmental and other qualifying agencies.Qualified customers may forgo the competitive bidding process as a result of this action and process provided on the agencies behalf.Reference the Uniform Municipal Contracting Law MN Statute 471.345 subd 15.This provision is made possible as a result of the purchasing contract development through a national governmental agency association's purchasing alliance. Whereas,parties to this Agreement are defined as governmental agencies in their respective states; and Whereas, this Agreement is intended to be made pursuant to the various Joint Exercise of Powers Acts of the states or nations of the respective participating governmental agencies which authorizes two or more governmental agencies to exercise jointly or cooperatively powers which they possess in common; and Whereas, the undersigned Participating Governmental Agency asserts it is authorized by Intergovernmental Cooperation Statutes to enter into an agreement with NJPA to cooperate in procurement ofgoods and services; and Whereas,NJPA asserts it is a Minnesota Service Cooperative created and governed under Minnesota Statute §123A.21 authorized by Minnesota Statute§471.59 to 'jointly or cooperatively exercise any power common to the contracting parties"; and Whereas,the undersigned Participating Governmental Agency and NJPA desire to enter into a "Joint Exercise of Powers Agreement"for the purpose of accessing available purchasing contracts for goods and services from each other which can be most advantageously done on a cooperative basis; Now Therefore,it is mutually agreed as follows: 1.The Parties fo this agreement shall provide in a cooperative manner access to each other's purchasing efforts to procure supplies,equipment,materials and services hereinafter referred to as"goods and services", 2.The Parties to this Agreement will adhere to any and all applicable laws pertaining to the purchasing of goods and services as they pertain to the laws of their state or nation, 3. Either Party to this Agreement may terminate their participation in this Agreement upon thirty(30)days written notice, 4.Neither Party to this Agreement claims any proprietary interest of any nature whatsoever in any of the other participants in this Agreement 5.Each party agrees that it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof.NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes,Section §3.736,and other applicable law; 12/28/2011 JOINT EXERCISE OF POWERS AGREEMENT iNiPA National Joint Powers Alliance 6.Both Patties to this Agreement agree to abide by all of the general rules and regulations and policies of the participating agencies that they are receiving goods and services from; 7.Both Parties to this Agreement agree to strict accountability of all public funds disbursed in connection with this joint exercise of powers; S.Both Parties to this Agreement.agree to provide for the disposition of any property or surplus moneys(as defined by the participant)acquired as a result of this joint exercise of powers in proportion to the contributions of the governing bodies and; 9.Both Parties to this Agreement acledge their individual responsibility to gain ratification of this agreement through their governing body. This Agreement allows for the NJ PA.to provide procurement contracts on behalf of all qualified participating agelicies pursuant to the Uniform Municipal Contracting law,MN Statute§471.345 Subd 15. PARTICIPANT INFORMATION % (� CAI—Applicant Name: C a,l 4.•;. �O K.KCQ ZO C!L Minnesota Join Exercise ofPom-ers Address: z7.1 . I' w-A . !moo a4J 4e1c."Tk 11VO W M.S.471.59 Federal ID Number: 11-to C l 1*1R6' Contact Person: ISee.�c.e r Participating Agency Title: ?t t,X•e', &st;L!!t) $A pgr t/i sd Joint Exercise of Powers Authority E-mail: ��j e�g rp u���C,K'� granted under State Statute Phone: # Website: WtrU tti. r-0 u�t Y be-�{+eKlc 5.ti o I/ THE UNDERSIGNED PARTIES HAVE AGREED THIS DAY TO THE ABOVE CONDITIONS. Member Name: National Joint Powers Alliance® By AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE Its TITLE TITLE DATE DATE Completed applications may be returned to: National Joint Powers Alliance 202 12TH Street NE Staples, MN 56479 Duff Erholtz Phone: 218-894-5490 Fax:218-894-3045 E-mail: duff.erholtz@njpacoop.org 12/28/2011 MEMBERSHIP AGREEMENT PARTICIPATING MEMBER OJPA National Joint Powers Alliance This Agreement,made and entered into this day of ,20____, by and betweeZNational Joint Power�''ss Alliance®,hereinafter referred to as "NJPA" and C-1`: koK.vA i-ce k- hereinafter referred to as the"Applicant". Witnesseth: That for a good and valuable consideration of the premises,mutual terms,covenants,provisions,and conditions hereafter set forth, it is agreed by and between the parties as follows: Whereas,the NJPA is created by Minnesota Statute§123.4.21 (with membership further defined in M.S. §471.59)to serve cities, counties, towns,public or private schools,political subdivisions of Minnesota or another state, another state, any agency of the State of Minnesota or the United States including instrumentalities of a governmental unit and all non profits; and Whereas, NJPA's purpose as defined in M.S. §123A.21 is to assist in meeting specific needs of clients which could be better provided by NJPA than by the members themselves;and Whereas, the NJPA Board of Directors has established the abilityfor an "Applicant"desiring to participate in NJPA contracts and procurement programs to become a Participating Member; and Whereas,the NJPA Board of Directors has determined that Participating Members will have no financial or organizational liability to NJPA or to its organizational activities; Now Therefore,it is hereby stipulated and agreed that the"Applicant"Agency desires to be a Participating Member of NJPA with contract purchasing benefits,in accordance with terms and conditions of the applicable contract(s),and that NJPA hereby grants said Membership to said"Applicant." Term: This continuing agreement shall remain in force or until either party elects to dissolve the Agreement by written notice. THEREFORE,IN WITNESS THEREOF, the parties hereto have executed this Agreement the day and year written above. National Joint Powers Alliance® 202 12'h Street NE Member Name: Staples,MN 56479 By AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE Its TITLE TITLE DATE DATE 12/28/2011 MEMBERSHIP AGREEMENT PARTICIPATING MEMBER OJPA National Joint Powers Alliance° PATICIPATING MEMBER INFORMATION Q Applicant Name: l,� W` 2JL- Please Indicate an address to which your Address: 27-1 Q►K •S� • 1c o CR QoeR Membership materials may 44 Thandelivk you. Federal ID Number: 22 /� �4' (00 iside t5— Contact Person: &rr tw 8 e dce.r Title: ?_Arc• s►nna d5�Ole(Nl9/0r 1 E-mail: O tCle r (Q rox J ea c't. kK&--•,)O ✓ Phone: 51 i • 2 L(• 55'7 Website: W W LU r'O c&KCj r 0��'4.KkS . ��V APPLICANT ORGANIZATION TYPE: ❑ K-12 government or Municipality ❑ Higher Education ❑ Non-Profit ❑ Other(please specify): I WAS REFERRED BY:(please specify) ❑ Advertisement 13 Current NJPA Member n It' Vendor Representative Or&%- ❑ Trade Show ❑ NJPA Website ❑ Other Completed applications may be returned to: National Joint Powers Alliance 202 12TH Street NE .. Staples, MN 56479 Duff Erholtz Phone 218-894-5490 Fax 218-894-3045 E-mail duff.erholtz@njpacoop.org 12/28/2011 JROUND ROCK,TUM City Council Agenda Summary Sheet PURPOSE PASSION.PROSPERrnt Agenda Item No. F4-CONSENT Consider a resolution authorizing the Mayor to execute a Joint Exercise of Powers Agreement and a Membership Agreement/Participating Member document with the Agenda Caption: National Joint Powers Alliance (NJPA)for cooperative purchasing. Meeting Date: April 26, 2012 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: State law allows Cities to enter into Interlocal Agreement between governmental bodies to satisfy state bidding requirements when purchasing goods and services. The purpose of this agreement is to provide the City another option to facilitate compliance with State bidding requirements and realize administrative cost savings. This agreement is very similar to other co-op's that the City's Purchasing Department uses for purchasing commodities and services as well as a source to use when comparing vendor's costs. This particular agreement will provide access to a new fuel card program and vendor's such as Tyler Technologies and Steel Case and as well as a wide variety of other vendor's providing commodities and services that could be used by the City as a need arises. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval t F f t Q f t } k P f-- 3 ti A 3 3 p@ t F 3 1 t JOINT EXERCISE OF POWERS4NJPA AGREEMENT National Joint Powers Alliance°' { f This Agreement is Between the National Joint Powers Alliance® (NJPA) and oft �.OLLU�0� �o� (particip ting governmental agency) Agreement. The participants in this Joint Exercise of Powers Agreement,hereinafter referred to as the Agreement, agree to jointly or cooperatively exercise certain powers common to them for the procurement of various goods and services by the participants. The term "governmental agency" as defined and used in this Agreement, includes any city, county,town,school district, education agency, post secondary institution, governmental agency or other political subdivision of any agency of any state of the United States or any other country that allows for the Joint Exercise of Powers, and includes any instrumentality of a governmental agency. For the purpose of this section, an instrumentality of a k governmental agency means an instrumentality having independent policy making and appropriating authority. x: Purpose.The purpose of this Agreement is to allow for the cooperative efforts to provide for contract and vendor relationships to purchase supplies, materials,equipment or services(hereinafter referred to as goods and services,)as a result of the current and active competitive bidding process exercised by a legal qualifying bidding agency on behalf of d other qualifying agencies. Qualified customers may forgo the competitive bidding process as a result of governmental an this action and process provided on the agencies behalf. Reference the Uniform Municipal Contracting Law MN Statute 471.345 subd 15.This provision is made possible as a result of the purcrasing contract development through a national governmental agency association's purchasing alliance. Whereas,parties to this Agreement are defined as governmental agencies in their respective states; and Whereas, this Agreement is intended to be made pursuant to the various Joint Exercise of Powers Acts of the states or nations of the respective participating governmental agencies which authorizes two or more governmental agencies to exercise jointly or cooperatively powers which they possess in common; and Whereas, the undersigned Participating Governmental Agency asserts it is authorized by Intergovernmental Cooperation Statutes to enter into an agreement with NJPA to cooperate in procurement ofgoods and services; and Whereas, NJPA asserts it is a Minnesota Service Cooperative created and governed under Minnesota Statute §123A.21 authorized by Minnesota Statute§471.59 to "jointly or cooperatively exercise any power common to the contracting parties and Whereas, the undersigned Participating Governmental Agency and NJPA desire to enter into a "Joint Exercise of Powers Agreement"for the purpose of accessing available purchasing contracts for goods and services from each other which can be most advantageously done on a cooperative basis; Now Therefore,it is mutually agreed as follows: 1.The Parties to this agreement shall provide in a cooperative manner access to each other's purchasing efforts to procure supplies, equipment,materials and services hereinafter referred to as "goods and services", 2.The Parties to this Agreement will adhere to any and all applicable laws pertaining to the purchasing of goods and services as they pertain to the laws of their state or nation, 3. Either Party to this Agreement may terminate their participation in this Agreement upon thirty(30)days written notice, 4.Neither Party to this Agreement claims any proprietary interest of any nature whatsoever in any of the other participants in this Agreement 5. Each party agrees that it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof.NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736,and other applicable law; 12/28/2011 2-t2 A-?,�'�" • f (p�( j JOINT EXERCISE OF POWERS OJPA AGREEMENT National Joint Powers Alliance 6.Both Parties to this Agreement agree to abide by all of the general rules and regulations and policies of the participating agencies that they are receiving goods and services from; 7.Both Parties to this Agreement agree to strict accountability of all public funds disbursed in connection with this joint exercise of powers; S.Both Parties to this Agreement agree to provide for the disposition of any property or surplus moneys(as defined by the participant)acquired as a result of this joint exercise of powers in proportion to the contributions of the governing bodies and; 9.Both Parties to this Agreement acknowledge their individual responsibility to gain ratification of this agreement through their governing body. This Agreement allows for the NJPA,to provide procurement contracts on behalf of all qualified.participating agencies pursuant to the Uniform Municipal Contracting law,MN Statute§471.345 Subd 15. ? PARTICIPANT INFORMATION 'o Reference: &Applicant Name: f�-K46���" Minnesota Join Exercise of Povwrs M.s.a7i.s9 Address: 2Zl 1'Vldlt'n • �oK.tn,� f�{tC�e, �C 7gLo�I� i Federal ID Number: 1� Le�f Contact Person: a.re✓t 6ee-�C.e Il' r- Participating Agency Title: �t of C�'ua S6t rl on Su 0 er✓1 SO✓ Joint Exercise of Powers Authority E-mail: 1A ecke rl� Y 0 u.idt�U C Q S O✓ granted under State Statute Phone: 51-, - -M Website: WWtti. C0ttiPAraekA%-.Ktt5.�o>✓ i THE UNDERSIGNED PARTIES HAVE AGREED THIS DAY TO THE ABOVE CONDITIONS. 9 Member e:G nal Joint Powers Alliance® By AUTHORIZED SIGNATURE AUTIIORIZED S IG RE Its rmo TIT E 14 TITLE YJ 12.1 ZOO, DATE' DATE Completed applications may be returned to: National Joint Powers Alliance 202 12TH Street NE Staples, MN 56479 Duff Erholtz Phone: 218-894-5490 Fax: 218-894-3045 E-mail: duff.erholtz@njpacoop.org 12/28/2011 PAMEMBERSHIP AGREEMENT PARTICIPATING MEMBER National Joint Powers Alliance" s This Agreement,made and entered into this day of ,20 , by and betweetNational Joint Powe Alliance®,hereinafter referred to as "NJPA" and Qce . hereinafter referred to as the "Applicant". Witnesseth: That for a good and valuable consideration of the premises,mutual terms, covenants,provisions, and conditions hereafter set forth, it is agreed by and between the parties as follows: Whereas, the NJPA is created by Minnesota Statute§123A.21 (with membership further defined in M.S. §471.59)to serve cities, counties, towns,public or private schools,political subdivisions of Minnesota or another state, another state, any agency of the State of Minnesota or the United States including instrumentalities of a governmental unit and all non profits; and Whereas, NJPA's purpose as defined in M.S. §123A.21 is to assist in meeting specific needs of clients which could be better provided by NJPA than by the members themselves; and i Whereas, the NJPA Board of Directors has established the abilityfor an "Applicant"desiring to participate in NJPA contracts and procurement programs to become a Participating Member; and Whereas, the A1JPA Board of Directors has determined that Participating Members will have no financial or organizational liability to NJPA or to its organizational activities; Now Therefore,it is hereby stipulated and agreed that the "Applicant" Agency desires to be a Participating Member of NJPA with contract purchasing benefits,in accordance with terms and conditions of the applicable contract(s), and that NJPA hereby grants said Membership to said"Applicant." Term: This continuing agreement shall remain in force or until either party elects to dissolve the Agreement by written notice. THEREFORE,IN WITNESS THEREOF, the parties hereto have executed this Agreement the day and year written above. National Joint Powers Alliance® /�� 20212 th Street NE Member Na :lel ( Taw RXkl Staples, N 56479 lnn moi' By AUTHORIZED SIGNATURE AUTHORIZED SI RE C-vW Its PA40mes- Lx Lr C^j r i.i is TITLE TITLE DATE DATE 12/28/2011 MEMBERSHIP AGREEMENT PARTICIPATING MEMBER National Joint Powers Alliancem PATICIPATING MEMBER INFORMATION r n nn nn y� Kew 20JL- l Applicant Name: Please indicate an address to which your 2u Ql h • nom n �� Membership materials may be delivered. Address: �C tX TX Z�(r w�{ Thank you. Federal ID Number: Contact Person: rrti fJ V_ e,r Title: S • �a E-mail: eG�Er fa�c 1(0� x�S .�i0 ✓ Phone: 51 Z • Z L(• 5' S r J Website: L� V-0r D �T'��CkS • �i o V APPLICANT ORGANIZATION TYPE: J ❑ KK-12 M--Government or Municipality l ❑ Higher Education ❑ Non-Profit ❑ Other(please specify): f I WAS REFERRED BY: (please specify) & ❑ Advertisement ❑0 Current NJPA Member L n Ur Vendor Representative x Dr�X - K-��G �reHn� ✓ ❑ Trade Show ❑ NJPA Website s ❑ Other Completed applications may be returned to: National Joint Powers Alliance® 1 z 20212H Street NE Staples, MN 56479 Duff Erholtz Phone 218-894-5490 s Fax 218-894-3045 E-mail duff.erholtz@njpacoop.org l i 12/28/2011