HomeMy WebLinkAboutPower Alliance Membership DocsDESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be retumed to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Please complete all sections above the Official Review line.
Date: 110-27-111 Department: IRoadl
Contractor/Supplier/Consultant Name: INational Joint Powers Allianc~
Contractor Contact: IDuff Erholt~ Contractor Phone #: 1218-894j
1549q
Type of Document: Intergovernmental Agreement entitled: Joint Exercise of Powers
Agreement.
Goods and/or Services: The Joint Exercise of Powers Agreement in conjunction with
the Membership Agreement allows for the purchase of supplies, materials, equipment,
or services from vendors selected by National Joint Powers Alliance following a
competitive bidding process.
Background & History: The Joint Exercise of Powers Agreement is required to
become a "Participating Member" of the National Joint Powers Alliance. The purpose of
the participating membership is to allow school districts, cities, counties, and other
govermental units and non-profit organizations to participate in NJPA and its programs
and services.
In the past, most equipment purchases have often been made through standard
invitation to bid (ITB) and through contracts arranged by the Oregon State Procurement
Office including the Oregon Cooperative Procurement Program. Contracts have been
somewhat limited, as they are based upon what the State Government has procured
and does not always match the county's needs.
The National Joint Powers Alliance (NJPA) is an intergovernmental entity established in
accordance with Minnesota law. NJPA allows member municipalities throughout the
county to become participating members of the NJPA and participate in cooperative
procurement by purchasing through its nationally leveraged, competitively bid contracts.
NJPA is a municipal agency that creates a business and service relationship alliance
between buyers and suppliers. There is no cost to membership. NJPA is funded by a
vendor contract administrative fee. There is no obligation to purchase. Individual
contract documentation is available for download on the NJPA website. When the
county uses the program to identify a product or service, staff would determine whether
the notice provisions of Oregon law had been met and, if not, provide public notice of
the intended purchase, as allowed under Oregon law.
Cooperative purchasing can save the County a significant amount of time and money in
product pricing and administrative cost. It also allows the purchase of equipment with
options specific to Deschutes County needs. Cooperative purchasing is authorized by
ORS 279A.205 and ORS 279A.220
Agreement Starting Date: 110/31/20111 Ending Date: INIAl
Annual Value or Total Payment: INonij
10/27/2011
D Insurance Certificate Receiied (CieCk box)
Insurance Expiration Date:
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
[2J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? [2J Yes No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes D No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant-funded position so that this will be noted in the offer letter: Yes D No
Contact information for the person responsible for grant compliance:
Name:
Phone#:
'------'
Departmental Contact and Title: Randy McCulley Phone #: 1322j
171251 ~/
Department Director Approval: ~ 1./ ..., /II
....... Signature I Date
Distribution of Document: Randy McCulley, Road Department, (ext. 7125)
Official Review:
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _____,)
Legal Review Date
Document Number __
10/27/2011
Road Department
61150 SE 27th St.· Bend. Oregon 9n02
(541) 388-6581 • FAX (541) 388-2719
STAFF REPORT
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10/31/2011
Staff: Randy McCulley, Fleet and Equipment Manager
Subject: Discussion of authorization of the County Administrator signature of
documents 2011-658 NJP A Joint Exercise of Powers Agreement
INTRODU<;IION
The Joint Exercise of Powers Agreement establishes a participating membership with
The National Joint Powers Alliance (NJPA). The purpose of an NJP A participating
membership is to allow school districts, cities, counties, other governmental units,
nonpublic schools and other partnership agencies or organizations and non-profit
organizations to participate in NJPA and its cooperative procurement programs and
services. There are approximately 30,000 members.
The National Joint Powers Alliance (NJPA) is an intergovernmental entity established in
accordance with Minnesota law. NJP A allows member municipalities throughout the
county to become participating members of the NJPA and participate in cooperative
procurement by purchasing through its nationally leveraged, competitively bid contracts.
NJP A is a municipal agency that creates a business and service relationship alliance
between buyers and suppliers.
Cooperative purchasing is authorized by ORS 279A.205 and ORS 279A.220
Individual contract documentation is available for download on the NJP A website. When
the county uses the program to identify a product or service, staff would determine
whether the notice provisions of Oregon law had been met and, if not, provide public
notice of the intended purchase, as allowed under Oregon law.
DISCUSSION
1. What is the cost to Deschutes County for membership?
There is no cost to membership. NJP A is funded by a vendor contract administrative
fee. There is no obligation to purchase. We still have the opportunity to purchase
through Invitation to Bid and State contracts.
Staff Report Joint Exercise of Powers Page 1 of2
10/2712011
GK
Road Department
61150 SE 27th St.• Bend, Oregon 97702
(541) 388-6581' FAX (541) 388-2719
2. Do we save money in procurement costs?
Because of national purchasing leverage, discounts usually exceed pricing available
to an individual entity. We also save the administrative costs of creating a contract
and going through the bid process.
We sometimes have a limited number of equipment bidders with equipment that
meets specifications required by our application. The NJP A contract pricing gives us
a more competitive pricing structure on specialty equipment that may have limited
competition in our area.
3. What is the local economic impact of purchasing through the NJP A
contract?
The NJPA contract is with the manufacturer/vendor and its dealer network.
Equipment is still quoted and purchased through the local or regional dealer based on
NJP A pricing.
4. Are we limited to equipment specifications chosen by NJPA?
In the past, many equipment purchases have often been made through contracts
arranged by the Oregon State Procurement Office including the Oregon Cooperative
Procurement Program. OCCP Contracts have been somewhat limited; as they are
based upon what the State Government has procured for its needs and do not always
match the county's needs. While it is functional, there are often features that are
unnecessary or it lacks features that are a value to our operations. The NJP A contracts
are based on a price discounting structure and equipment can be specified to meet the
needs of Deschutes County.
Staff Report Joint Exercise of Powers Page 2 of2
1012712011
GK
JOINT EXERCISE OF POWERS ~JPA AGREEMENT National Joint Powers Alliance"
This Agreement is Between the National Joint Powers Allianee® (NJPA) and
(participating govern~gency)
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 ofPowers Acts ofthe
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;
09/21/2010
JOINT EXERCISE OF POWERS ~JPA
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 ofthis 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
Applicant Name: ~""6S.Co~1 ~os:> Reterence:l
Minnesota Join Exercise of PowersAddress: I ~oo WA1,.;l-S1'J'#iiEr, SLUTt? 200 M.S. 471.59
BgNt) ~CJ7,o:)...
Contact Person:
Title: ~~'fY\ Cq""'''"'!) ADn\lN\srg.m:cr(L.
Participating Agency
Joint Exercise of Powers Authority
E-mail: Q."M~" 62 eo.de.sc.h&*e...s. .or. u.s granted under State Statute
Phone: (SYl)-'6'6~ -fCE."10 # OIZ.S Q1qA • QOS;
Website a ~{J."1Q A • 00.0
THE UNDERSIGNED PARTIES HAVE AGREED THIS DAY TO THE ABOVE CONDITIONS.
Member Name: National Joint Powers AIliance@
By
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE
Its
TITLE TITLE
DATE DATE
Completed agreements may be returned to:
National Joint Powers Alliance ®
200 First Street NE, Suite I
Staples, MN 56479
Duff Erholtz
phone 218-894-5490
fax 218-894-3045
e-mail duff.erholtz@njpacoop.org
09/21/2010