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5.2. ERMUSR 03-08-2011
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5.2. ERMUSR 03-08-2011
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3/4/2011 12:24:02 PM
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City Government
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ERMUSR
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3/8/2011
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7ur Foundation <br />MINNESOTA STATUTE 123A.21: SERVICE COOPERATIVES <br />This is the statute under which our cooperative was created. Our previous name was the North Central Service Cooperative (NCSC) <br />and we are now doing business as the National Joint Powers Alliance® (NJPA). <br />• M.S. 123A.21 Subd. 2 defines that the purpose of a service cooperative Is to "assist In meeting specific needs of clients" <br />• M.S. 123A.21 Subd. 3: Membership and Participation <br />Full Membership with a service cooperative shall be limited to public school districts, cities, counties and other governmental units <br />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, <br />but they must sign on as NJ PA Participating Members to access our contracts and to validate their purchoses. Many local policies <br />require Membership to legally access contracts held by other agencies. NJ PA provides a Participating Membership and Joint Powers <br />Agreement at no cost. When a board slgnsa Joint Powers Agreement it qualifies that board to serve on the NJ PA Joint Powers <br />Advisory Board. The Participating Membership and Joint Powers Agreements both establish a legal paper trail between NJ PA <br />and the Member as contracts are accessed. <br />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 <br />grant extensive authority. This statute states "The board of directors shall have authority fo maintain and operate a service <br />cooperative" More specifically, "The service cooperative board of directors may enter Into contracts with other public and <br />private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the <br />agreed-upon programs and services." <br />M.S. 123A.21 Subd. 7 describes the ability and directive to provide cooperative purchasing services. This statute specifically <br />tolls for the board to support programs and services that support and allow for cooperative purchasing. <br />M.S. 123A.21 Subd. 9(d,e): Service Cooperative Defined <br />Subd 9 defines the Service Cooperative (SC) under (d) the SC is a public corporation and agency and its board of directors <br />may make application for, accept, and expend private, state and federal funds that are available for programs of the Members. <br />(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 <br />individual or private entity. <br />OUR LEGAL AUTHORITY <br />
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