R-2015-050 2015-03-23 RESOLUTION NO. R2015-50
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the city manager or his designee to enter into a Joint
Exercise Powers Agreement with the National Joint Powers Alliance
(NJPA) to participate in an interlocal cooperative pricing arrangement
and authorizing the purchase of automotive tires through the NJPA
contract in the estimated amount of $125,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Agreement by and between the City of Pearland and the
NJPA; a copy of which is attached hereto as Exhibit "A" and made a part hereof for all
purposes. is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Agreement with the NJPA, and the City is authorized to
purchase tires through the NJPA Agreement.
PASSED, APPROVED and ADOPTED this the 23rdday of March, A.D., 2015.
TOM REID
MAYOR
ATTEST:
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Yol NG L? FING, TR/ J S3
Or Y S E*I TARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resoution No.R2015-50
Exhibit"A"
JOINT EXERCISE OF POWERS sl).1 PA
AGREEMENT
National Joint Powers Alliance°
This Agreement is Between the National Joint Powers Alliance®(NJPA)and
City of Pearland
(participating 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 of goods 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;
5/29/2012
Resolution No. R2015-50
Exhibit"A"
JOINT EXERCISE OF POWERS
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;
8.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.
ORGANIZATION INFORMATION (**Required Fields)
City of Pearland Reference:
Applicant Name: ** Minnesota Joint Exercise of Powers
3519 Liberty Dr M 471.59
Address: **
City,State,Zip** Pearland, TX 77581
Federal ID Number: 74-6028909
Contact Person:** Julie Blackmore
Participating Agency
Title: ** _ Buyer Joint Exercise of Powers Authority
E-mail: ** jblackmore @pearlandtx.gov granted under State Statute
Phone: 281-652-1790
Website: www.pearlandtx.gov
THE UNDERSIGNED PARTIES HAVE AGREED THIS DAY TO THE ABOVE C
Member Nam•. Nation: •oint, • •
By
A iirr EDSIG A RE i tiLVATr"%gP"
Its Clay Pearson, City Manager
TITLE TITLE
3/23/2015
DATE D• "
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
5/29/2012