Laserfiche WebLink
SECTION ONE - PROJECT INFORMATION <br />1. DEFINITIONS <br />1.1 Sourcewell: Sourcewell, formerly known as the National Joint Powers Alliance or NJPA, is <br />a local government unit, public corporation and public agency pursuant to the Minnesota <br />Constitution and enabling law Minnesota Statutes Section 123A.21 with the authority to <br />develop and offer, among other services, cooperative purchasing and joint purchasing <br />services to its membership. Eligible membership and participation includes states, cities, <br />counties, all government agencies, both public and non-public educational agencies, <br />colleges, universities, and non-profit organizations. <br />11 Joint Exercise of Powers. Sourcewell cooperatively shares those contracts with its <br />Members nationwide through various joint exercise of powers laws established in <br />Minnesota and applicable laws in other states. The Minnesota joint exercise of powers <br />law, Minnesota Statutes Section 471.59, states "Two or more governmental units . , , may <br />jointly or cooperatively exercise any power common to the contracting parties.. . ." <br />Similar joint exercise of powers laws may exist within each state of the United States. The <br />Minnesota law allows Sourcewell to serve Member agencies located in all other states. <br />Municipal agencies nationally have the ability to participate in cooperative purchasing <br />activities as a result of specific laws of their own state. These laws can be found on the <br />website atwww.sourcewelkmn.gav/cornpliance-legal. <br />1.3 Sourcewell Members: <br />1.3.1 Potential Sourcewell Members: A Potential Sourcewell Members is defined as <br />any public or private educational agencies including colleges and universities, <br />districts or school boards, and any governmental unit including a city, county, <br />town, political subdivision of Minnesota or another state, and any agency of the <br />State of Minnesota or the United States, any instrumentality of a governmental <br />unit, and any non-profit. Membership in Sourcewell is required to participate in <br />any Sourcewell Contract. Any current or potential Member of Sourcewell who is in <br />compliance with the terms and conditions of membership, shall have the caption <br />and freedom to access any of the procurement contracts of Sourcewell. <br />1.3.2 Sourcewell Member: A Sourcewell Member is defined as an entity that has an <br />executed membership agreement with Sourcewell. <br />1.4 Purchase Order: Purchase Orders for construction and services may be executed between <br />Sourcewell or Sourcewell Members and the Contractor pursuant to this Invitation for Did <br />and the resulting Agreement. <br />1.4.1 Governing Law: Purchase Orders, as identified above, will be construed in <br />accordance with, and governed by, the Laws of a competent jurisdiction with <br />respect to the Sourcewell iVlember. Each and every provision of law and clause <br />required by law to be included in the Purchase Order will be read and enforced as <br />though it were a part of the contract. In the event a legally required provision is <br />not included, parties may amend the Agreement to mare such inclusion or <br />correction. The venue for any litigation arising out of disputes related to Purchase <br />March 2019 �ectior7 T m — instructions tD Bidders <br />