1i Public Surplus Auction Web Services Joint Powers Agreement
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CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Richard Rice, Information Systems Coordinator
DATE:
February 8, 2006
D~.
SUBJ:
Approval of Joint Powers Agreement, City of St. Paul- Public
Surplus Auction Web Services
BACKGROUND
The City has been relying on the use of public auctions staffed by city employees
to dispose of all accumulated, surplus equipment. This practice has proven to be
labor intensive and has yielded limited returns. In an effort to maximize the
revenue generated through the sale of surplus items and simplify the disposal
process, staff is requesting the use of a web hosted service.
An agreement has been established by the City of St. Paul with Public Surplus for
surplus auctioning services. This agreement has been made available to other
municipalities at a reduced rate. There are no costs associated for posting items to
the site. The vender extracts a fee of7.5% for any item sold. The city currently
uses an auction service to dispose of excess vehicles, which charges 15% for
items that sell for under $1,000 and 10% for items that sell for over $1,000.
The City Attorney has reviewed'this agreement, and is satisfied with the form and
intent.
RECCOMENDATION
Staff recommends that the Chanhassen City Council approve the attached "Joint
Powers Agreement between the City of Saint Paul and the City of Chanhassen."
Approval of this item requires a simple majority vote of the city council.
ATTACHMENT
1. Joint Powers Agreement
The City of Chanhassen . A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
JOINT POWERS AGREEMENT
Between the City of Saint Paul and
the City of Chanhassen
THIS AGREEMENT, is made and entered into this _ day of February, 2006 by and
between the City of Saint Paul (Ramsey County, Minnesota) hereinafter referred to as "the City"
and the City of Chanhassen (Carver County, Minnesota), whose address is 7700 market Blvd.,
PO Box 147, Chanhassen, MN 55317.
WHEREAS, the City of Saint Paul and Chanhassen, pursuant to the provisions of
Minnesota Statute 471.59 are authorized to enter into an agreement to exercise jointly the
governmental powers and functions each has individually; and
WHEREAS, the City's Division of Contract and Analysis Services is authorized to
provide purchasing, contracting, surplus disposal, and other services to other local governments
to achieve operating efficiencies and to secure more favorable prices and conditions; and,
WHEREAS, Chanhassen wishes to take advantage of these benefits and services;
NOW, THEREFORE IT IS HEREBY AGREED, by and between the parties hereto as
follows:
1. The City of Saint Paul, through its Division of Contract And Analysis Services,
pursuant to procedures set forth in the Saint Paul city Charter and applicable State
Statutes, shall provide purchasing, contracting, and other services offered by the
Division to Chanhassen as requested by Chanhassen in accordance with applicable
Statutes and policies.
2. As agreed upon with Chanhassen, the Division of Contract and Analysis Services
may make purchases or establish other contracts jointly with Chanhassen or make
purchases for Chanhassen alone in the performance of the requested services.
Regardless of the method selected, the City and Chanhassen shall each make payment
directly to any vendors or contractors according to established procedures and shall
enter into its own contract or agreement with the vendor.
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3. Neither party shall assume any responsibility for the accountability of funds expended
by the other or the issuance of a purchase order or contract by the other party.
4. Indemnification. Nothing in this Agreement shall constitute a waiver of the rights,
privileges and benefits that each party is entitled to under Minnesota Statutes. Each
party agrees that it will be responsible for its own acts and/or omissions and those of
its officials, employees, representatives, and agents in carrying out the terms of this
Agreement and the results thereof to the extent authorized by law and shall not be
responsible for the acts and/or omissions of the other party and the results thereof.
The liability and monetary limits of the parties, their officials, employees,
representatives and agents shall be governed by the provision of the Minnesota Torts
Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable laws.
5. As mutually agreed upon, Chanhassen will compensate the City for actual costs
incurred in the provision of th~ services described hereto.
6. Either party to this Agreement may terminate the Agreement with or without cause
upon thirty (30) days prior written notice to the other party.
7. Neither party to this Agreement shall assign, delegate or transfer any rights or
obligations under this Agreement without prior written consent from the other party.
8. Any amendment or modification to this Agreement shall be in writing and shall not be
effective until executed by all parties to this Agreement.
9. This Agreement contains the entire Agreement between the parties with regards to the
matters set forth herein.
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IN WITNESS WHEREOF, the City of Saint Paul and the City ofChanhassen have
executed this agreement, the day and year first above-written.
CITY OF SAINT PAUL
CITY OF CHANHASSEN
Christopher B. Coleman, Mayor
Director, Office of Financial Services
Approved as to form:
Assistant City Attorney
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Council File #
Green Sheet #
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
RESOLVED, that pursuant to Minnesota Statutes 471.59, commonly referred to as the "Joint
Powers Act," the proper City of Saint Paul officials are hereby authorized and directed to execute
the attached joint powers agreement and subsequent renewals, with the City of Chanhassen,
said agreement authorizing the City's Division of Contract and Analysis Services to
provide purchasing, contracting, surplus disposal, and other services offered by Contract and
Analysis Services to Chanhassen as requested, copies of said agreements to be kept on file
and/or record in the Office of Financial Services.
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Requested by Office of Financial Services:
By:
Matt Smith, Director
Adopted by Council: Date
Contract & Analysis Services
Adoption Certified by Council Secretary
Form Approved by City Attorney
By:
By:
Approved by Mayor:
Date
By:
Approved by Mayor for Submission to
Council
By:
Rice, Richard
From:
Sent:
To:
Subject:
Roger Knutson [RKnutson@ck-law.com]
Tuesday, February 07,20062:57 PM
Rice, Richard
RE: 51. Paul - Joint Powers Aggreement
Looks good. Just place it on the city council agenda for council approval.
-----Original Message-----
From: Rice, Richard [mailto:rrice@ci.chanhassen.mn.us]
Sent: Tuesday, February 07, 2006 12:45 PM
To: Roger Knutson
Cc: Miller, Justin; Gerhardt, Todd
Subject: St. Paul - Joint Powers Aggreement
I am forwarding these aggreements for your review and approval. They are
in regards to utilizing an aggreement that is already in place between
the City of St. Paul and Public Surplus, a vendor chosen by St. Paul for
hosting a web based public surplus auction site. The service is free for
municipalities to post surplus equipment and other items for sale to a
targeted market. The vendor normally extracts a fee of 8% of an items
sale price for the use of the service. By using the St. Paul contract,
the fee is reduced to 7.5%. The City of St. Paul does have several other
municipalities on their aggreement already.
Please review this documents and let me know what steps are necessary to
establish this service.
If you are interested, here is the link to the vendors site.
www.publicsurplus.com
-----Original Message-----
From: Linda Camp [mailto:Linda.Camp@ci.stpaul.mn.us]
Sent: Tuesday, February 07, 2006 10:30 AM
To: Rice, Richard
Subject: Re: Public Surplus Aggreements
There is no "paperwork" for the Public Surplus contract, per se. I,
would however, like to have a joint powers agreement in place that
authorizes Chanhassen to use Saint Paul's contracts. I don't have a
problem if you start working out arrangements to get set up with Public
Surplus while the JP is being processed.
I'm attaching the JP documents again. (Note---the resolution is the one
I am using to process this JP on my end. You can modify for your
Council. I have also attached the proposed JP agreement that we will
sign once both Councils have authorized the agreement.
Linda J. Camp, Manager
Contract & Analysis Services
(651) 266-8900
>>> "Rice, Richard" <rrice@ci.chanhassen.mn.us> 2/7/2006 8:46 AM >>>
Our directors have viewed a web demo of the services provided by Public
Surplus and have given me the go ahead to establish the service for the
city. I would like to "piggy-back" on the the aggreement that you
established with them. Could you send me the application forms or other
1
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