NJPA - About Us - (Page 9) ENABLING LEGISLATION THE “JOINT ExERCISE OF POWERS” AGREEMENT Contracting Authority The Joint Exercise of Powers Agreement with NJPA provides access to NJPA and its contracts. This allows NJPA to access the Member participating agencies’ contracts as well. The Joint Powers Agreement may not be necessary if the participating agencies’ state law allows for state-to-state “piggy backing” on legal state contracts. All NJPA contracts are legal state contracts as NJPA operates under Minnesota legislative authority to provide cooperative purchasing services to participating Members. The Joint Exercise of Powers offers a legal link between NJPA and its Member agencies as contracts are accessed. NJPA bids and awards contracts in full compliance with Minnesota Municipal Contracting Law, M.S. 471.345. MINNESOTA STATUTE 123A.21: SERVICE COOPERATIVES This is the statute under which our cooperative was created. Our previous name was the North Central Service Cooperative (NCSC) and we are now doing business as the National Joint Powers Alliance® (NJPA). • M.S. 123A.21 Subd. 2 defines that the purpose of a service cooperative is to “assist in meeting specific needs of clients”. • M.S. 123A.21 Subd. 3: Membership and Participation Full Membership with a service cooperative shall be limited to public school districts, cities, counties and other governmental units as defined in section 471.59 and NJPA’s Bylaws and Policies. Governmental units are not required to join NJPA as Full Members, but they must sign on as NJPA Participating Members to access our contracts and to validate their purchases. Many local policies require Membership to legally access contracts held by other agencies. NJPA provides a Participating Membership and Joint Powers Agreement at no cost. When a board signs a Joint Powers Agreement it qualifies that board to serve on the NJPA Joint Powers Advisory Board. The Participating Membership and Joint Powers Agreements both establish a legal paper trail between NJPA and the Member as contracts are accessed. • M.S. 123A.21 Subd. 5(g) shows that the powers of the board of directors of a service cooperative are written very broadly to grant extensive authority. This statute states “The board of directors shall have authority to maintain and operate a service cooperative”. More specifically, “The service cooperative board of directors may enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed upon programs and services”. • M.S. 123A.21 Subd. 7 describes the ability and directive to provide cooperative purchasing services. This statute specifically calls for the board to support programs and services that support and allow for cooperative purchasing. • M.S. 123A.21 Subd. 9(d,e): Service Cooperative Defined Subd. 9 defines the Service Cooperative (SC) under (d) the SC is a public corporation and agency and its board of directors may make application for, accept, and expend private, state and federal funds that are available for programs of the Members. (e) The SC is a public corporation and agency and as such, no earnings or interest of the SC may incur to the benefit of an individual or private entity. 9 http://www.njpacoop.org
Table of Contents Feed for the Digital Edition of NJPA - About Us NJPA - About Us Contents The Basics Frequently Asked Questions Enabling Legislation Procurement Process Product Listing NJPA - About Us NJPA - About Us - NJPA - About Us (Page Cover1) NJPA - About Us - Contents (Page Cover2) NJPA - About Us - Contents (Page 1) NJPA - About Us - The Basics (Page 2) NJPA - About Us - The Basics (Page 3) NJPA - About Us - Frequently Asked Questions (Page 4) NJPA - About Us - Frequently Asked Questions (Page 5) NJPA - About Us - Frequently Asked Questions (Page 6) NJPA - About Us - Frequently Asked Questions (Page 7) NJPA - About Us - Enabling Legislation (Page 8) NJPA - About Us - Enabling Legislation (Page 9) NJPA - About Us - Procurement Process (Page 10) NJPA - About Us - Procurement Process (Page 11) NJPA - About Us - Procurement Process (Page 12) NJPA - About Us - Procurement Process (Page Cover3) NJPA - About Us - Procurement Process (Page Cover4)
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