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5.2. ERMUSR 03-08-2011i Elk River Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk Rivet, MN 55330-0430 UTILITIES COMMISSION MEETING Phone: 763.441.2020 Fax: 763.441.8099 TO: FROM: Elk River Municipal Utilities Commission Troy Adams, P.E. -Director of Operations ~~ John Dietz, Chair Dazyl Thompson, Tnrstee Al Nadeau MEETING DATE: AGENDA ITEM NUMBER: March 8, 2011 5.2 SUBJECT: 2011 Directional Bore Rig Purchase BACKGROUND: Approved in the 201 ]Budget was the purchase of a directional bore rig. The bore rig, trailer, modulaz mixing system, and additional related equipment were budgeted for $200,000. DISCUSSION: This type of equipment is not available through the Minnesota State Bids. However, National Joint Power Alliance (NJPA) is a government service cooperative that had been created through MN Stature 123A.21 and they have government contracts for this type of construction equipment. This agency provides a similar service as the Minnesota State Bids and is enable to do so by MN Statue 471.59 and 471.345. Attached for Commission review is a NJPA brochure detailing the enabling legislation. Vermeer has the contract with NJPA for this type of equipment. The quote on a Vermeer directional bore rig, modular mixing system, and locator totals $166,783.78. Bids on a trailer will be reviewed at a future meeting. ACTION REQUESTED: Staff recommends purchasing the Vermeer directional bore rig, modular mixing system, and locator. National Joint Powers Alliance® !' ~~ / ®'~ ~" ~, ~' ~~ 4/. ~ =., ,'National Joint Powers Alliance® `; .Realize the Power and Value of Contracting Purchasing ~. Your organization has the opportunity to become one of over 30,000 Member w,:: ~'i; - agencies that has access to discountpricing from over 50 nationally acclaimed Vendors and thousands of competitively bidproducts. NJPA will save you time, money and duplication of the bid process. It takes only five minutes to complete a 44,~ ~ no-cost, no-obligation Membership. Ge[ started today at www.njpacooporg. JR~L'`~si d CY 1Z~~4:a i ~: rNATIONAI JOINT POWERS ALLIANCE ysThe National Joint Powers Alliance® (NJPA), is a governmental agency operating "" .under the enabling authority outlined in Minnesota Statute 123A21 . This statute was created in 1978 and revised In 1995 to allow participating government and municipal agencies to reduce the cost of purchased goods by leveraging their combined purchasing power. NJPA is also guided and enabled by M.S. 471.59, the "Joint Exercise of Powers' which defines the ability of two or more government agencies to enter into an teement to contract in common through the action of each of the governing e"sj which includes the ability to enter Into cooperative agreements. As such, ,re a Member-owned cooperative, serving all government, education (both 'f~clahd private) as well as all non-profit agencies. ~4, , JPA'establishes and provides nationally leveraged and competitively solicited ^* ; pii'tchasirig contracts In cooperation with the Uni{orm Municipal Contracting Law, M.S: 471.345 Subd. 15. National Joint Powers Alliance® ABOUT US CONTRACT PURCHASING Service is Our Standard At the National Joint Powers Alliance, we are driven to provide efficientpublic service through our National Cooperative Purchasing Programs. Our common needs and the desire to serve yow agenry ~t wi111ead our effor[s as we face the challenges of purchasing in the future 9 ry~ ~ k OUR COMMITMENT National Joint Powers Alliance is committed to serving you, the Member throng] continuous effort io meet your present and future needs. Our goals include work solve your purchasing concerns In a measurable, cost effective manner. We wr~ the industry with regard to our Members' common needs and as a result we you the opportunity to purchase through nationally leveraged contracts offenngH xoducts and services at the lowest possible price. We are only able to do this; together, developing partnerships to create o unified purchasing alliance ~y s'i OUR PURPOSE The general purpose of NJPA Is to create and host a national municipaCj purchasing alliance. Our goal is to provide our Members with requeste services created, coordinated and delivered through a cooperatwe effo~l participating Members. NJPA is a national organization that creates a bi relationship alliance between buyers and suppliers. Participation is offete qualified agencies nationally. Member agencies must still interpret their o laws and recogn'¢e NJPA as having satisfied their own competitive bidd Table of Contents Enabling Legislation ......... Frequently Asked Questions Procurement Process ......... Membership Application . 4-5 6-8 9-10 l1 Duff >hip' TABLE OF CONTENTS Contracting Authority The following summary is a highlighted explanation of the enabling legislation referenced by andguiding NJPA. Theplain language of the statutes, from our perspective, allows NJPA very clear authority to serve current and future Members through cooperative of forts.. NJPA ENABLING LEGISLATION • Minnesota Statute 471.345: Municipal Contracting Law NJPA claims organizational status as a "Municipal Agency" under the authority of this definition and reference of 1 23A.21 Subd. 9 (d-e) Subd. 1 S which defines "Cooperative Purchasing" abilities. • M.S. 471.345 Subd. 1: Municipality Defined For purposes o{ this section, "municipality' means a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. • M.S. 471.345 Subd. 15: Cooperative Purchasing Our national association, the "National Joint Powers Alliance" (NJPA), takes Its name from this statute. A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a Joint Powers Agreement that purchases Items from more than one source on the basis of competitive bids or quotations. MINNESOTA STATUTE 471.59: JOINT EXERCISE OF POWERS Make note of Subd. 1 which defines the ability of two governmental agencies to enter into an agreement to contract in common through the action of each of the governing bodies. Subd. 10 expands on the ability to enter into cooperative agreements. • M.S. 471.59 Subd. 1: Agreement Two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. The agreement may provide for the exerese of such powers by one or more of the participating governmental units on behalf of the other participating units. The term "governmental unit" as used in this section includes every city, county, town, school district, other political subdivision of this or another state, another state, the University of Minnesota, and any agency of the state of Minnesota or the United States, and includes any instrumentality of a governmental unit. For the purpose of this section, an instrumentality of a governmental unit means an instrumentality having independent policy making and appropriating authority • M.S. 471.59 Subd. 10: Services Performed by Governmental Units; Commonality of Powers Notwithstanding the provisions of Subd. 1 requiring commonality of powers between parties to any agreement, the governing body of any governmental unit as defined in Subd. 1, may enter Into agreements with any other governmental unit to perform on behalf of that unit any service or function which the governmental unit providing the service or function Is authorized to provide for itself THE "JOINT EXERCISE OF POWERS" AGREEMENT 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 cooperotive purchasing services to participating Members. The Joint Exercise of Powers offers a legal link between NJPA and Its Member agencies as contracts ore accessed. NJPA bids and awards contracts in full compliance with Minnesota Municipal Contracting Law, M.S. 471 .345. ~- National Joint Powers Alliance® 7ur Foundation 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 NJ PA's Bylaws and Policies. Governmental units are not required to join NJ PA as Full Members, but they must sign on as NJ PA Participating Members to access our contracts and to validate their purchoses. Many local policies require Membership to legally access contracts held by other agencies. NJ PA provides a Participating Membership and Joint Powers Agreement at no cost. When a board slgnsa Joint Powers Agreement it qualifies that board to serve on the NJ PA Joint Powers Advisory Board. The Participating Membership and Joint Powers Agreements both establish a legal paper trail between NJ PA 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 fo 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 tolls 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. OUR LEGAL AUTHORITY Frequently Asked Questions Q. WHO IS NJPA? A. The National Joint Powers Alliance, referred to as NJPA, is a Municipal Contracting agency operating under the legislative authority of Minnesota Statute 1 23A.21 . This statute was created in 1978 and revised in 1 995 to allow participating municipal agencies to reduce the cost of procurement by leveraging the benefits of contract purchasing. NJPA serves all education, government and non-profits agencies nationally. Q. WHAT IS THE ORGANIZATIONAL STATUS OF NJPA? A. NJPA employees are public employees. All employees are required to pay into Public Employment Retirement Association (PERA) through payroll deduction. One level of comfort for Members is that NJPA employees have the same employment status as NJPA municipal Members. Q. HOW IS NJPA GOVERNED? A. NJPA is governed by the NJPA Board of Directors. The eight-member board is comprised of governing officials; mduding school board, city council or county commissioners. Q. HOW MUCH DOES IT COST TO PARTICIPATE IN NJPA? A. There is no cost, obligation or liability to join or participate in NJPA contracts. Q. HOW IS NJPA FUNDED? A. NJPA is funded by a Vendor contract administrative fee. The fee is paid by the Vendor and not passed on to the NJPA Member. The fee covers the costs of contract marketing and facilitation, and it offsets operating expenses incu«ed by NJPA. NJPA does not receive state or federal aid, nor do we have taxing or levying authority. Therefore, we are a governmental agency, entirely entrepreneurial and fundloning much like a self supporting business. NJPA also shares these fees with other partner cooperatives or associations as they demonstrate the desire and ability to help facilitate and market available NJPA contracts. Q. HOW CAN WE JOIN AND PARTICIPATE IN NJPA AND ITS CONTRACTS AND SERVICES? A. The NJPA Bylaws, Arflcle II, Subd. C describes our Membership and participation. Full voting Memberships are limited to the school districts, cities, counties and other governmental units defined in M.S. 471 .59 and as established annually by the NJPA Board of Directors. Non-voting Memberships, what we toll "Participating Memberships," are available to all other partnership agencies or organizations that go online to www.njpacoop.org, click on the JOIN button and submit the required information. All Members are required to sign a Participating Membership agreement. These organizations are eligible to nominate their governing board members to serve on the NJPA Board. They also become responsible for any liabilities NJPA may incur. Participating Memberships are at no cost and carry no organizational liability. Q. DOES NJPA HAVE A PROFESSIONAL PUBLIC PURCHASING BOARD OF ADVISORS? A. Yes. At this point all cu«ent Participating Members are a part of our Board of Advisors. NJPA also has two Member Advisory Committees: one that specializes in the fleet industry and the primary advisory that represents procurement professionals from all of our Member verticals. Q. CAN AGENCIES OTHER THAN GOVERNMENT AND EDUCATION USE THE PROGRAM? A. Yes, under M.S. 123A.21, all non-profit agencies may participate. Q. WHAT SPECIFIC STATUTE GIVES MY AGENCY THE AUTHORITY TO PARTICIPATE? A. Minnesota Statute 471 .59 Joint Exercise of Powers law and our enabling legislation, as described on page 4. National Joint Powers Alliance® ~ - Frequently Asked Questions Q. WHAT ARE THE ADVANTAGES OF BEING A MEMBER OF NJPA? A. • Membership establishes a legal paper trail between NJPA and the Member, justifying contract access. • Access fo competitively bid contracts, procured by a municipal contracting agency that your agency is a part of. Because our Membership is a]aint Powers Agreement, your municipality is an owner as well as a Member o f NJPA. You actually become a represented participant in the bidding process. • Considerable time and resource savings for participating Members. • Nationally leveraged and aggregated pricing and services. • Nationally acclaimed and recognized vendors. • Broad range of high qualify products and services. • Contrails solicited, awarded and monitored by a municipol agency and governed by a publicly elected board of directors. N]PA also conducts an annual, independent audit as a municipal contracting agency. The annual audit is submitted to the State of Minnesota as required by state law. Q. AS NJPA MEMBERS, ARE WE STILL ABLE TO BUY FROM OTHER CONTRACTS? A- Yes, all NJPA contrails are non~xduslve and are contracts of choice by our Members. Q. CAN MY PUBLIC AGENCY USE NJPA CONTRACTS WITHOUT GOING OUT FOR SOLICITATION? A. Yes, in most states. All NJPA bid contracts have been competitively solicited nationally, reviewed and awarded by the NJPA Board of Directors in accordance with Minnesota public purchasing rules and regulations under the Municipal Contracting Laws, MS. 471 .345. Each solicitation and RFP contains language which ~mcludes all qualified customers in all fifty states. The RFP advises all responders that they must apply to all qualified customers In all fifty states and in some cases the provinces and terrtories of Canada- All RFP respondents understand that these contracts shall be used by member governmental, educational and non profit agences throughout the Untied States. Q. WHAT IS A JOINT EXERCISE OF POWERS OR COOPERATIVE PROCUREMENT AUTHORITY? A. State Joint Powers Statutes generally allow for one government agency to purchase using contracts competitively solicited by another government agency. This, of course, would require the consent of all parties, including the supplier- NJPA's contracts are established to meet both the competitive solicitation and consent requirements. Generally, a public or munldpa agency may participate ln, conduct or administer a cooperative procurement ogreement with one or more other governmenta! units for the purpose of meeting requirements to Increase efficiency or reduce administrative expenses. A cooperative agreement also allows for the purchase of supplies, materials, equipment or services by qualified agencies so os not to repeat or dupPicate the competitive bidding requirements necessary for a governmental agency purchase. The term "Governmental Unii" as used here usually includes every city, county, town, school district or other political subdivision of this or another stale; the state university; any agency of the state or of the United States, and any instrumentality of a governmental unit- In some states, this power is not passed onto specific municipal agencies. These agreements are known as Joint Powers Agreements, Membership Agreements, Participation Agreements and sometimes Intergovernmental or Interiocal Agreements. Q. HOW CAN I OBTAIN COPIES OF THE LEGAL DOCUMENTATION ASSOCIATED WITH EACH CONTRACT? A- As a municipal agency, NJPA Is required to provide full disclosure of all procurement documents and files. Procurement files are electronically available at www.njpacoop.org or in hard copy at our office during normal NJPA business hours. Q. WHAT ARE THE PARTS OF AN AWARDED NJPA PURCHASING CONTRACT? A. NJPA contracts are made up of the terms and conditions of the RFP, submitted and accepted pricing and discount schedule and the Acceptance Award document signed by the NJPA board and awarded vendor. Frequently Asked Questions Q. WHAT IS THE SOLICITATION AND REQUEST FOR PROPOSAL (RFP) PROCESS? A. NJPA conducts a thorough 10-step process, described in full on pages 9 and 10 of this document, that includes: 1) Researching Member Needs. 2) Researching the Market for Solutions. 3) Drafting and Advertising an RFP. 4) Receiving Bidders' Responses. 5) Evaluating Bidders' Responses. 6) Making Recommendations to the NJPA Board. 7) Awarding Vendor(s). 8) Posting Approved Contract Documents. 9) Developing and Implementing a Joint Marketing Plan with Awarded Vendors. 10) Reviewing and Maintaining our Contract throughout Its Term. Q. WHAT IS THE FIRST STEP FOR AN INTERESTED AGENCY TO PARTICIPATE? A. Qualifying agencies must register for Membership and may join in a matter of minutes. Visit www.njpacoop.org and apply online; download and complete a hard copy, or call 888-894-1930 to receive your application by moil. Q. HOW DOES THE PURCHASE PROCESS FLOW? A. After Membership has been established, the Member selects the contract of choice from our purchasing catalog and contacts the Vendor dlredly for spedfic product, service, ordering and delivery information. Billing is executed by the servicing Vendor or manufacturer. NJPA monitors contract compliance by the Vendor to ensure a high level of service, quality of goods and general customer satisfaction as expressed by the Member. Prior to executing the purchase order, It would be the Member s responsibility to review and accept the general terms and conditions of the spedfic RFP of interest and at that point, execute the purchase order directly with the awarded Vendor. Your Membership allows the NJPA Board of Directors and NJPA staff to facilitate the bid and procurement responsibilities on your behalf. Q. WHAT ABOUT CUSTOMER SATISFACTION AND ASSURANCE? A. NJPA requires "manufacturer product and service responsibility'. This eliminates the transferring of blame In the event the customer is not satisfied. Responding manu{acturers accept this responsibility and, in extreme cases, NJPA would be involved in specific communications to ensure the customer Is satisfied with the complete process of procurement and contract compliance. NJPA contracts are four-year terms, reviewed annually for compliance. This level of assurance and review will give Members the leverage necessary to insure the highest level of products and service. Q. HOW DO I BECOME AN AUTHORIZED SUPPLIER OF NJPA? A. NJPA encourages all national Vendors to respond to the NJPA RFP solicitations. Our bids are solicited, advertised and posted on www.njpacoop.org (our website), www.noticetobidders.com and in the Minneapolis Star Tribune. Q. HOW DO I GET MORE INFORMATION ABOUT NJPA? A. Visit our web site at www.njpacoop.org or contact any of our Vendors listed in our purchasing catalog. You also may contact us directly at 888-894-1930 oc Mike Hajek, Director of Contracts & Marketing mike.hajek@njpacoop.org 218-894-5477 Duff Erholtz, Manager of Membership Services duff.erholtz@njpacoop.org 218-894-5490 National Joint Powers Alliance® Our 10-Step Procurement Process: tt is the desire of N]PA to meet our Members' procurement requirements, but it is ultimately our Members' responsibility to interpret localpurchasingiaws to determine their own ability to access andparticipate with NJPA contracts. Our Request forProposal (RFP) process is continuously being refined to meet the changing needs o f our Members. The desired result is a national, competitively bid procurement and contractprocess that is not only valuedby Members, but meets or exceeds local requirements-offering exceptional products and services from nationally acclaimed Vendors. 1) RESEARCHING MEMBER NEEDS Carved out at numerous national trade shows, we take the opportunity to not only display our current offerings, but also listen to our Members' needs in an effort fo refine our current product and service offerings. 2) RESEARCHING THE MARKET FOR SOLUTIONS Constant research helps us develop the best approach for each offering. Some industries lend themselves to an invitation for a manufacturer s response because a single manufacturer provides a complete industry solution Through a number of authorized dealers. Other industries lend themselves to an invitation for a distributor response because individual distributors provide complete industry solutions as representative for a large number of manufacturers. 3) DRAFTING AND ADVERTISING AN RFP This involves updating our largest, single document to meet the needs and requirements of our Members Through the RFP scope, gool, intent and specifications for procurement of products and equipment. N,~PA reserves the right io offer, invite and conduct a pre-bid meeting to educate potential responders and answer any questions and concerns surrounding the upcoming RFP. Questions that arise are received and addressed as defined within the generpi terms of the RFP. NJPA advertises each RFP for two consecutive weeks in The Minneapolis Star Tribune (print and web), on www.njpacoop.org, www.noticetobidders.com, and locally as needed to satisfy procurement guidelines (e.g., Hawaii and Oregon). NJPA also posts bids on appropriate third party solicitation websites- NJ PP, desires to Invite as many providers o4 products and equipment as possible; however, our postings require responders to meet stringent business practices, so not all providers have the ability or desire to respond. As a result, NJPA Members work with companies that demonstrate the highest level of service and delivery of products, equipment and services, as well as the best overall value at the lowest possible contract price. 4) RECEIVING BIDDERS' RESPONSES Bids are opened at a public ceremony specified in the RFP. 5) EVALUATING BIDDERS' RESPONSES Evaluation begins at the bid opening by determining the "Responsiveness' of each bid. "Level One Responsiveness' includes: • Timely submission- s Properly tabbed and organized bid. • Electronic as well as physical copies of their submission. • Original signatures on appropriate documents. • Bid bond/bid security all properly submitted. The evaluation process continues with "level Two Responsiveness', or the evaluation o{ the bid response by the Bld Evaluation Committee according to the procedures and parameters set by the RFP. Our typical RFP invites the widest possible variety of products and services within the scope of a bid Our intention is to create a contract that provides the widest possible array of utility to the widest possible array of NJPA Members. We also specifically invite bidders to define their products and services not only by industry standard terms, but also in terms of the latest technological advances and Its applicability and utility to our Members- PROCUREMENT PROCESS: STEP-BY-STEP Evaluating bidders' responses, continued: The perceived procurement value of a bid to NJPA and its Members, in the opinion of NJPA, includes but is not limited to: • Conforming to RFP's intent, scope and specifications; • Competitive pricing strategies; • Ability to sell and service NJPA Members nationally; • Financial strength, experience and success in the industry/marketplace; • References from past customers and prior experience with NJPA; • A clear, concise, aggressive and effective marketing plan; • Value added related products, services and technological advances; • Financing options and detailed payment terms; • Warranty and product and service responsibility; and • Identifying the depth, breadth and quality of products and service offerings. Additional consideration is given to bidder's who demonstrate "Green" and Disadvantaged Business Enterprise and the ability sell and service Canada and other International provinces. The final evaluation is conducted using the "Bid Evaluation" form defined in the RFP. This form establishes a weighted scoring method and also provides for an optional "Cost Comparison." This point-based system is used as a part of the final scoring and awarded Vendor determination. 6) MAKING RECOMMENDATIONS TO THE NJPA BOARD The recommendations of the Bid Review Committee are presented to the NJPA Board of Directors for final review and possible award. The NJPA Board has the final authority to issue or deny a procurement contract. 7) AWARDING VENDOR(S) Upon approval by the NJPA Board, the recommended Vendor Is awarded afour-year contract with NJPA, subject to annual renewals. The Contract Manager and/or the Director of Contracts and Marketing welcome the new vendor to NJPA. 8) POSTING APPROVED CONTRACT DOCUMENTS A complete procurement file is organized and posted on our website, offering the applicable evaluation, contract and solicitation documents where they can be reviewed by our Members. 9) DEVELOPING AND IMPLEMENTING A JOINT MARKETING PLAN WITH AWARDED VENDORS NJPA works with both the Vendor and Member to educate people about the benefBs and uses of an awarded contract. We work with the awarded Vendor(s) to educate and energize their sales and service teams. We advertise our awarded contracts in selected national publications, produce afull-color, hard copy "Contract Directory" and maintain a website offering of the contract opportunities. NJPA exhibits with Vendor Partners, In numerous national trade shows and provide break-out meetings presenting information at those trade shows on contract purchasing and cooperative opportunities available through NJPA. 10) REVIEWING AND MAINTAINING OUR CONTRACT THROUGHOUT ITS TERM Contracts are reviewed annually for their effectiveness. NJPA contracts are written with four-year terms and subject to annual renewals based on those reviews. As a result, NJPA provides a simple, structured, well-documented procurement contract in an effort to create a seamless process for all of its Member procurement needs. It is important to stress that NJPA does not eliminate Member responsibility for following the bid process, but rather, provides a nationally pre-competed option, so as not to duplicate theformal bid process. It's Simply the Best Way to Get Started Copy this form, or join online: www.njpacoop.organd select `join." ~j' National Joint Powers Alliance® MEMBERSHIP AGREEMENT PARTICIPATING MEMBER National Joint PowersAUiance• - __ This Agreement, made and entered into this day of , 20 by and between National Joint Powers Alliance® (hereinafter "NJPA") and (hereinafter "Applicant"). Whereas, the NJPA is created by Minnesota Statute §123A.2I (with membership further defined in Minnesota Statute §47L59) to serve cities, counties, towns, public ar private schools, political subdivisions of Minnesota or another state, any agency of the State of Minnesota or the United States, including instrumentalities of a governmental unit; and Whereas, NJPA's purpose as defined in Minnesota Statute §I23A.2J is to assist in meeting specific needs of clients which could be better provided by NJPA than by the members themselves; and Whereas, the NJPA Board of Directors has established the ability for an Applicant desiring to participate in NJPA contracts and procurement programs to become a Participating Member; and Whereas, the NJPA Board of Directors has determined that Participating Members will have no financial interest or liability, nor be emitted to any representation on the NJPA Board of Directors, nor have any organizational liability to NJPA; and Whereas, Applicant asserts that it is authorized to becomz a Participating Member of NJPA under the laws of its state or nation. Now, Therefore, The parties hereby agree as follows: That Applicant desires to be a Participating Member of NJPA with contract purchasing benefits, and that NJPA hereby grants said Membership status to Applicant. This Agreement shall continue to remain in force until either party elects to dissolve the Agreement for any reason by written notice. THEREFORE, IN WITNESS THEREOF, the parties hereto have executed [his Agreement the day and year written above. Member Name: By National Joint Powers Alliance® AUTHORIZED SIGNATURE Its TITLE DATE ADDRESS AUTHORIZED SIGNATURE TITLE DATE Please indicate an address fo which your Membership materials may be delivered. Thank you. 4/26/2010 be the hero... SUPER CHOICES NJPA contracts offer value to our Members through: • Saving our Members the timeandeffortoffacilitatingtheirowncompetitivebid. • Volumepricing discounts associated with a nationalpurchasing alliance. • The highest quality products and equipment provided by nationally acclaimed Vendors. NJPA Contracts are competitively bid on your behalf. A no-cost, no-obligation Membership is all you need to access CHOICE-and get connected to competitively bid and awarded Contracts at national volume discounts. There is a better way...it's NJPA. Over 30,000 Members are already enjoying the value of choice in purchasing. Hundreds more are joining each month. Membership is at no cost and no obligation. Be the hero. Join today! www.njpacoop.org PA National Joint Powers Alliance® Competitively Bid Contract Purchasing Solutions Investment Proposal for: ELK RIVER MUNI UTILITIES -- 13069 ORONO PARKWAY '.O. Box 430 - ELK RIVER, MN 55330 Phone: (763)441-2020 NJPA Contract #081209-VRM NEW 2011 VERMEER D20X2211 Kev Features ~ . Pat Arnold 1675 126th Street West Burnsville, MN 55337 0 Mobile: (320) 290-3285 Fax: (952) 882-2980 D20X2211001 D20X2211 W/ ROD LOADER WI DOM RLO D20X2211118 TETHER TRACKING CONTROL D20X2211143 BUNDLE OF 40 - 2.06" 10' FSI D20X2211152 AUTO GREASER ASSY - 1 GAL BUCKET D20X2211201 MULTI FUNCTION DISPLAY MOUNTING ASSEMBLY D20X2211320 2 1l2 GALLON ANTI-FREEZE TANK D20X2211341 SOFT CAB OPTION D20X2211504 DRILL HEAD W/HEX COLLAR CONNECTION - 10 EXTRA DRILL PIPE - 2.06" 100' TOTAL Model Descriotion Versatility meets Power. The all new D20x22 Series II combines the Vermeer reputation for quality with cutting edge technology Powered by a 83 hp (62kW) Kubota turbocharged diesel engine, the unit boast 2,200 ft-Ib (2,983Nm) of torque for turning cutting tools and pulling back large reamers and 20,000 Ib (9,071 kg) of thrusUpullback. The D20x22 Series II is compatible with the Rock \daptable Terrain Tool (R.A.TT) for bores in varying soil conditions. Serial Number TBD (0 Approximated Hours) Equipment Price $138,500.00 Estimated Conversion Price: 8138.500.00 This proposal was created on February 11, 2011 and is valid until March 2, 2011 and D332185 C2020029 Page 1 of 4 is subject to prior sale. After that date the quote and terms in the proposal may need to be revised. NEW 2010 VERMEER MX125 Kev Features MX125001 MX125 GAS POWER PACK MODULAR MIXING SYSTEM MX125012 TANK - 500 GALLON (NARROW) MX125021 SUPPLY HOSE - 2" X 50' Model Description The re-designed MX125 is 1 t"(28 cm) narrower than previous MX125 units (SN 98 - 1686) for ease of side-by-side Imilering with a horizontal directional drill. For example, an MX125 and D20x22 Series I I total 78" (198 cm) in width -standard trailers generally measure 82" (208 cm) at the narrowest point. These dimensions offer comfortable space between the two which is benefcial while loading, unloading and transport. The additional jet is provided for effcient mixing action with the long, narrow tank design. Serial Number 1VRX030U7A1002004 (0 Approximated Hours) Equipment: NEW 2011 DIGITAL CONTROL INC LOCATOR Equipment Price $6,000.00 Estimated Conversion Price: Kev Features 296298965 F2 LOCATING SYSTEM W/O REMOTE DISPLAY - RECEIVER, LITH-ION BATT, CHARGER, 2 BATT PKS, CASE 296298945 F SERIES 15" LONG RANGE TRANSMITTER (SONDE) Model Description Description not found. Serial Number TBD (0 Approximated Hours) Equipment Price $11,555.00 Estimated Conversion Price: 811.555.00 PROPOSAL SUMMARY Equipment Total Sub Total Estimated sales tax to apply (MNST MN STATE TAX 6.875°/ ) Total Investment $156,055.00 $156,055.00 $10,728.78 $166 783.76 This proposal was created on February 11, 2011 and is valid until March 2, 2011 and D332185 C2020029 Page 2 of 4 is subject to prior sale. After that date the quote and terms in the proposal may need to be revised. Pat Arnold Sales Representative VERMEER SALES & SERVICE ~ parnold@rdoequipmenLCOm This proposal was created on February 11, 2011 and is valid until March 2, 2011 and D332185 C2020029 Page 3 of 4 is subject to prior sale. After that date the quote and terms in the proposal may need to be revised. 'J ~I•