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2015-076ORDINANCE NO, 2O 1 S-O%6 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH NATIONAL JOINT POWERS ALLIANCE (NJPA), UNDER SECTION 791.001 OF THE STATE OF TEXAS GOVERNMENT CODE, TO AUTHORIZE THE CITY OF DENTON TO UTILIZE NJPA CONTRACT# 042911-PRC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 5742-INTERLOCAL AGREEMENT WITH NATIONAL JO1NT POWERS ALLIANCE). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Joint Exercise of Powers Agreement with the National Joint Powers Alliance under Section 791.001 of the Texas Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SC_�mm(;` 1'IONw„2. The City Manager or his designee is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. SECTION 3. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under File 5742 to the City Manager of the City of Denton, Texas, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and a rova.. �.......�� pp l. ,d � PASSED AND APPROVED this the ��; � w day of m�� °`� ��__ _____ _� 2015. � �� V� � � � ��: C � ' � � 'I"`� MAYOR . �� .. � � � . _.....__.. Cf�� , ATTEST: JENNIFER WALTERS, CITY SECRETARY � �. �'��L,L ��1'�} LEGAL FORM: ��flf� � BURGESS, CITY ATTORNEY �. BY: �� ,�� '�° �"�'' .. '"� m.,�-�� "�-�' � �� m �OINT EXERCISE OF POWERS AGREEMENT National Joint Powers Alliance'° This Agreement is Between the National Joint Powers Alliance� (NJPA) and City of Denton, Texas _�v_..�......._ (participating governmental agency) Agreement. The participants in this Joint Exercise of Powers Agreement, hereinafter referred to as the Agreeinent, agree to jointly or cooperatively exercise certain powers common to them for the procurement of various goods and services by the participants. The term "governinental agency" as defned 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 I 5. This provision is made possible as a result of the purchasing contract development through a national governmental agency association's purchasing alliance. YVhereas, Parties to this Agr�eement are de�ned as governmental agencies in their r�espective states; and Wlrereas, this Agreement is intended to be made pursuant to the various Joint Exercise of Powers Acts of the states or nations of the respective parti,cipating governmental agencies which authorizes two or mo��e gove��nmental agencies to exercise jointly or cooper•atively powers which they possess in common; and W/tereas, the undersigned Participating Governmental Agency asserts it is authorized by Intergovernniental Cooperation Statutes to ente�° into an agreement with NJPA to cooperate in procurement ofgoods and services; and Whereas, NJPA asserts it is a Minnesota Service Cooperative cr-eated and governed underMinnesota Statute �123A.21 authorized by Minnesota Statute �471.59 io '�ointly or cooperatively exercise any power co►nmon to the conlracting parties "; a�:d I�['l:ereas, the undersigned Participating Governniental Agency and NJPA desi�-e to enter into a`:Ioint Exercise of Powers Agreement " for the purpose of accessing available purchasing contracts for goods and se�vices 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 applicaUle 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 Agreeinent 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 thereo£ NJPA's liability shall be governed by the provisions of tlie Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law; 5/29/2012 JoINT EXERCISE oF PaWER5 AGREEMENT National :faint Powers Allian�ce• G. Bodi Paities to tlus Agreemeni ag�'ee to abide by all af tlie general iules aud regulatioiu and policies of tl�e �articipating agencies tliat t1�ey are receiviiig goods 2�id services fi•on�; ' 7. Botli Partics to this Ap�eeme�at agree to strict accoutilaUilAty of a11 puUlic fi�nds disbtvrseci iii coimection witl� Clus joint eaercise of powers; S. Both Parties to tlus Agrecmeiit ag�•ee to provide for dte dispositioii of an� propetiy or surpl�u moneys (as defined by tlie participant) acquicedas n resi�t oftivs jouitesercise ofpowers inproportiov to Uie coi�tribtitionsofthe go�ernuiFUodies Tnd: 9. Botli Parties to tlus Agzee�nent acl:nowledge tl�eir incti��idual respoiLSibility to gain ratification of tliis aereemexit througl� theia• goventing body. Tlus Ag�•eemetit allo�vs for the NJPA to provide proctue.inent contracts on Uel�alf of: all qualified participatin� ageucies �lU'SU211f t0 tllC UI11P01'l]] M1L111C1PAI COl]h'F1Ci111�, �BW, MN Statute §47l .345 Subd 1 S. ORGANI7ATI�1�' 1;\TF�RA�ATTON (** Requit�ed Fields) Re{ereuce: A licant Nanae: ** City of Denton M►��Qta ��=t �� ofPoMK6 p� -�-- � M.S. 471.59 Ac1c��es5: ** � 15 T� ��t S�e��r��y Street cty, state, zip *� Denton, Texas 76201 Federal ID Number: 75-6000514 Coixtact nersoii: "'* Elton D. Brock, MBA, CTPM, C P M� � Title: '�* �—ITL911: * * Plaoiie; WeUsAte: Manager, Materials Management elton.l�rock@cityofdenton.com�mm�� 940-349-7133 http://www.cityofdenton.com/ Participatiug Agency Jovil Exercise afPowers Authority gt�+tited under State Statute # Section 791.001 Texas Govt. Code TIiE UNDERSIGNED PARTIES HAVE AGREED TIITS DAY TQ TEI� AB�VF, CQNDTI'IONS. Me[�ber r�e: n�tional Joi�at Po�vers Alllauce� � ' �'" � �.. BY . _ �,m M ,�-�. _�.._�.�: ...r.�. � . �_ ��.__�.. �� z �� w z��r.��v��. �� o�t � �a a� � �rs City Manager �TIfI.E..a..._ . � .._.._..�� .�..m�........,,,,_�_� . ��.._. .. 79"ET.._....��....�e__.m.... � .,�. ��....._, �m �..�� ..�.,�._..,� �.� �'� .� �� .,��,„�,i..�f . .... .w..m...�.. . .. ` ............. _..,.�.,..�._.�,�.... . _ ...,....�...._.. DA"f 'a� � � _ �.� DATE Compl�ted appllcations may he returned to: National Jqint Powers Altiance � 202 12T" Street NE Staples, MN 56479 Duff Erhaltz Phone: 218-894-5490 Fax: 218-894-3045 E-mail: duff.erhoftz@njpacoop.org fi>P��VED �S °C� FORnr1< CI ATTUF�NFY C! �F E�ENTQi�, T� S � �� ,�a.., ,.. 'Ye � _..�.__ ,..�, �y� _. 5/29/2012