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Home My WebLink About5566 �hf�u� 55((� AGENDA BILL 81 CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Joint Powers Study Session Date: April 13, 2016 Agreement with National Joint Powers COUNCIL MEETING Date: April 20, 2016 Alliance Department: PW&U Presenter: Jim Orton Phone: (360) 473-5359 SUMMARY: In order to purchase competitively bid items through National Joint Powers Alliance ("NJPA") contracts, the City must execute an Interlocal Agreement with that agency, according to BMC 2.76.040(f). The agency's agreement is called a Joint Powers Agreement, which is known as an Interlocal Agreement under Washington State law, RCW 39.34. - ATTACHMENTS: 1)Agreement FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business O Public Hearing RECOMMENDED MOTION: Move to approve the Joint Powers Agreement with National Joint Powers Alliance; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: [�Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 e t , � I i, '{ _ '• i JOINT EXERCISE OF POWERS �� `. ..� AGREEMENT . Nadonat Jofnt Powers Alliancep' -- . . . -----._ . . - .... . . . . . ... . ..__... ._... _.... NATIONAL JOINT POWERS ALLIANCE JOINT POWERS AGREEMENT This Agreement,made effecrive on the date hereof,is between the National Joint Powers Alliance�(hereinafter referred to as"NJPA")and�_of Bremerten (hereinafter referred to as"Governmental Unit"). I2ecitals WHEREAS,NJPA asserts it is a.Minnesota Service Cooperative created and governed under Minnesota Statute §123A.21;and WHEREAS,under Minnesota Statute§471.59,NJPA is permitted to enter into agreements with other govemmental units in the United States and Canada to jointly or cooperatively exercise any power common to the contracting powers or similar powers,as deemed necessary;and WHEREAS,Govemmental Unit asserts it is authorized by its Statutes to urilize contracts competitively solicited by another governmental unit;and WHEREAS,Governmental Unit and NJPA desire to enter into a"Joint Exercise of Powers Agreement"for the purpose of Governmental Unit accessing available contracts for goods and services from NJPA Awarded Vendors; NOW THEREFORE,NJPA and the Govemmental Unit hereby agree as follows: Agreement 1. NJPA will make its contracts for commodities and services and/or other NJPA services available to the Governmental Unit. The Governmental Unit will be deemed a non-voting Participating Member. 2. The Governmental Unit may utilize the contracts or services procured or ofFered through NJPA to purchase supplies,equipment,materials and services hereinafter referred to as"goods and services"for its eligible users. 3. The Parties to this Agreement will adhere to eny and all applicable laws pertaining to the purchasing of goods and services as they pertain to the laws of their state or nation. 4. This Agreement will become effective on the date hereof and shall remain in effect until canceled by either party upon thirty(30)days'written notice to the other party. 5. Each party agrees that it is responsible for its acts and the results thereof,to the extent authorized by law,and will not be responsible for the acts of the other party and the results thereof. The Governmental Unit will be responsible for all aspects of its purchase,including ordering its goods and/or services,inspecting and accepring the goods and/or services,and paying the Vendor who will have directly billed the Govemmenta! Unit piacing the order. 6. Both Parties to this Agreement agree to strict accountability of all public funds disbursed in connection with this joint exercise of powers as required by each party's respective laws. 7. To purchase commodities or services from NJPA's contracts,the Governmental Unit must issue a purchase order or other subsequent agreement in accordance with the terms ar�d condetions of NJPA's conVacts and any requirements applicable to the Govemmental Unit's governing body. The Governmental Unit must send purchase orders directly to the applicable Vendor and will make payments directly to the Vendor in accordance with its established procedures and terms of NJPA's contract. The Governmental Unit will not use the goods available under N.fPA's contracts for purposes of resale. �o` �� 1 Rev.12/2014 ; � JOINT EXERCISE OP POWERS � � � . a AGREEMENT � . Nationat Joint Powers Alliancep _.._.. . . _ . ....... _._.. .. .. ..... . . . . . ...... .. ._ ... .. _. .. - -.. ... _ _. ... .._. .....__ ...... _........ ._..- --- - 8. Pursuant to Minn.Stat§471.59,subd.5,if epplicable,the Parties shall provide for the disposition of any property acquired as the result of such joint or cooperative exercise of powers,and the return of any surplus moneys in proportion to contributions of the several contracting parties at�er the purpose of the Agreement has been completed. 9. There shall be no financial remunerations by the Govemmental Unit to NJPA for the use of NJPA's procurements, contracts or agreements or the payment of any membership fee to NJPA. l0. Both Parties to this Agreement aclrnowledge their individual responsibility to gain ratification of this agreement through their governing body,if requined by law. 11. The NJPA contracts urilized by the Governmental Unit through this Agraement were procured or will be procured through the Uniform Municipal Contracting law,MN Statute Sec.471.345. IN WITNESS WHEREOF,the Parties have executed this Agreement efFective the date hereof. Member Name: Nation nc By AUTHO D SIGNATURE AUTHORIZE GNATURE Its � �i� �i'°� TITLE TITLE . O� Z� I � � � DATE DATE a � 2 Rev.12/2014 . . JOINT EXERCISE OF POWERS AGREEMENT Naaonat�osut Powas AWaacx' OACANtZATION I1�iFORMA TION ("''Required Fielde) Retereaea Applicant Name; •• Citv of Bremerton Minaesora7oiacE�mcieeofpowers MS.47159 Address:�+ 100�st _Bay Ave N City,State,Zip *� Brommfnn.WA 98312 Federal ID Number: 91-6001231 Contact Pason: •� Milailra Hawldns-Babes 'Rda*• � Adminlstrative DIvislon Manaeer �cipatin8 Agency Jowt Exercise of Powers Authodty &mail: •• mjlenl�hawkins-betes arlci.bromertonwaus granted under State Statute Phone: 360-473-5333 # RCW 39.34 Website: htto:/lwwwbremertonwagov/ APPLICANT ORGAl�11ZATION TYPE: DK12 X Oov�nment or MunlciPelity(Pleaae speoitj+:_Ciry of Biemerton � G Hlgber Educadon ,O Other(pleaae apecify: ,i I WAS REFERRED SY:(pleaae specify) G Advertisemcnt O Currmt MPA Member O Veador Representative D Trade 3how O NJPA Website X Other Comploted appUcaUooe mny be retnrned tos NatIonel Joint Powers Alliance� 202 l2'�'N 3keet NE Staples,IvIIV 56479 DuR Erholta Phone 218-894-5490 Fex 218-6943045 E-meil duff.erhol�jpacoop.org 3 nev.i�oia