03-719Council File # ��
Presented By
Referred To
Committee: Date
RESOLVED, that pursuant to Minnesota Statutes 471.59, coxnmonly 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 agreements with the State of Minnesota, Deparirnent of Administration,
Materials Management Division - Surplus Disposal Services, said agreements providing for the disposal of
surplus properiy as needed. Said agreement to be administered by Contract and Analysis Services, and
copies to be kept on file and/or record in the Office of Financial Services and on file by Contract and
Analysis Services.
Adoption Certified by Council Secretary
Approved
Green Sheet # � ��
RESOLUTION
ClTY OF SAINT PAUL, MtNNESOTA Zq
Requested by Department of:
Technolocxv & Manacrement Services-Contract
& Analvsis Services
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Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
DepartmenUoffice/councii: Datelnitiated: GI�eelt Sheet NO 3002463
TE — Tecl�nologyandMaoagemevtServ 10.1UL-03
CoMact Person 8 Phone: Deoarlment Sent To Person InitiallDate
BONNIELUNDGREN � 0 hnol an Mana mentS
266-S9Z9 Assign I fl'eehnoloevandManacementS I DeoartmeotDirecror
Must Be on Council Agenda by (Date): Number 2 � pttorne ��� �'
For
Routing 3 a or' O re Ma odAss' tan
Order 4 o nci
5 i Clerk Ci C7erk
7ota1 # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolution for disposal of sutplus property as needed.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this persoNfittn ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this personfficm possess a skiil not normally possessed by any
curtent cip� empioyee?
Yes No�'
Fspiain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, WF�ere, Why):
Resolved, that pursuant to Minnesota Statutes 471.59, commonly referred to as the "Joint Powers Act", the proper City of Saint Paul
officials aze hereby authorized and directed to execute the attached joint powers agreements with the State of Mnmesota, Departmern �
of Administration, Materials Mavagement Division - Surplus Disposal Services, said ageeznents providing for the disposal of surplus
property as needed. Said ageement to be administered by Contract and Analysis Services, and copies to
AdvanWqes If Approved: � �� � � � � �
JUL 1 � 2Q�3
Disadvantages If Approved: P�'°I`\l A TT(!!� h{ C\/
d� 6��'9 S P lJ fl l V C i
Disadvantages If Not Approved:
Co�tC3'� RPS�amn CP��Pp
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�UL 2 � 2Qa3
Total Amount of CostlRevenue Budgeted:
Transaction:
FundinA Source: Activitv Number:
Financiallnformation:
(F-�cplain) -
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AGREEMENT BETWEEN THE STATE OF 1VIII�TNESOTA
DEPARTMENT OF ADMINISTRATION, MATERIALS MANAGEMENT
DIVISION, SURPLUS SERVICES AND THE CITY OF SAINT PAUL,
DIVISION OF CONTRACT AND ANALYSIS SERVICES
RELATING TO SURPLUS DISPOSAL SERVICES
WHEREAS, Minnesota Stahxtes, section 471.64 provides authority for politicai
subdivisions to enter into agreements with agencies of the State of Minnesota for the disposition
of property; and
WHEREAS, Section 5.02(6) of the Saint Paul Adtninistrative Code authorizes the City's
Division of Contract and Analysis Services ("CAS") to oversee and manage the disposal of City
of Saint Paul and other governmental entiTy division customers ("OGEDC") surplus properiy;
and
WHEREAS, CAS and its OGEDC wishes to make use of the surplus disposal services
offered by the State of Minnesota Department of Administration, Materials Management
Division, Sutplus Services ("Surplus Services") for CAS and its OGEDC.
NOW, THEREFORE, it is mutually agreed as follows:
1. ACCEPTANCE AND DISPOSAL. Subject to item 2 below, Sutplus Services will accept
surplus property from CAS and its OGEDC far disposai upon request, and in accordance with the
procedures set forth herein and Deparknent of Administration's Information Bulletin 03-01
which is incorporated herein by reference. Surplus Services will make the properry auailable to
other agencies, local units of government, and eligible non-profit organizations for a nominal
service fee to be paid by the entity receiving the properry. As it deems appropriate, Surplus
Services may also offer the properry for sale to the public.
2. REJECTION OF PROPERTY. Surplus Services may, at its discretion, reject any item or
group of items offered by CAS and its OGEDC. CAS and its OGEDC shall not offer Surplus
Services any items comprised in any part of hazardous waste as defined by Minnesota Statutes,
section 115B.02, subdivision 9 (2000).
3. INDEMNIFICATION. Each pariy agrees that it will be responsible for its own acts and/or
omissions and those of its officials, employees, representatives and agents in cartying out the
terms of this Agreement and the results thereof to the extent authorized by law and shail not be
responsible for the acts and/or omissions of the other party and the resuits thereof. The liability
and the monetary limits of liabiliry of the City, its officials, employees, representatives and
agents shall be governed by provision of the Minnesota Torts Claims Act, Minnesota Statutes
Chapter 466, et sea. and other applicable law.
4. CANCELLATION. Either party to this Agreement may terminate the Agreement with or
without cause upon 30 (thirty) days' priar written notice to the other party.
5. ASSIGNMENT. Neither pariy to this Agreement shall assign, delegate or transfer any rights
or obligations under this Agreement without prior written consent from the other party.
D3 ��°l
6. A.MENDMENTS. Any amendment or modification to this Agreement shall be in writing and
shall not be effecrive until executed by all parties to this Agreement.
7. STATE AUDITS. As required by Minnesota Statutes, section 16C.05, subdivision 5, the
books, records, documents and accounting procedures and practices of CAS, its OGEDC, and
their employees or agents relevant to this Agreement shall be made available and sub}ect to
examination by the State of Minnesota, including Surplus Services, the Legislative Auditor, and
the State Auditor for a m;n;mum period of six (6) yeazs after the termivation of this Agreement.
8. INITIATION OF SERVICES. CAS and its OGEDC may request disposal services directly
from Surplus Services during its normal business hours from 8:00 a.m. to 4:00 p.m., Monday
through Friday. The OGEDC aze responsible for completing all forms and obtaining all
necessary approvals from CAS.
9. LIST OF Si7RPLUS PROPERTY. As a condition to accepting the respective properiy from
CAS and its OGEDC for disposal, each entity far itself shall provide Surplus Services a written
itemized list of all items offered for disposal. The list must be provided to Surplus Services a
minnnum of 3(three) days in advance of delivery of the property to Surplus Services. The list
sha11 include a descripfion of the items and shall specify the number of items being transferred.
Each entity for itself shall be responsible for transporting the approved swplus property to the
Surplus Serv3ces Distribution Center in Arden Hills, Minnesota, and shall pay all associated
transportation costs.
10. VERIFICATION OF ITEMS AND RETURN. Upon receipt of the surplus property, a
Surplus Services representative shall verify the properiy against the list submitted pursuant to
item 9. If there are discrepancies between the list and items presented, the Surplus Services
representative will contact the respective entity for clarification. If the additional item(s) are not
accepted by Surplus Services, the respective entity will be responsible to ensure the prompt
return of the items and shall pay for any associated transportation and delivery costs.
11. SALE PROCEEDS AND DISTRIBUTION. The parties agree that all proceeds from the
sale of the transferred surplus property shall accrue to Surplus Services and not to the City of
Saint Pau1 or its OGEDC. The parties fiirther agree that CAS or its OGEDC shall not be charged
by Surplus Services for the surplus disposai services provided pursuant to this Agreement.
12. DESIGNATED CONTACTS. The Division of Contract and Analysis Services has
designated it Surplus Coordinator to manage this Agreement on behalf of the City of Saint Paul
and its other governmental entity division customers.
The Surplus Coordinator as:
Bonnie Lundgren
Contract and Analysis Services
15 W. Kellogg Boulevazd Room 2$0
St. Paul, MN 55102
(651) 266-8900
2
43
The Siate Surplus Services contact is:
Steve Rodriquez
Surplus Services
5420 Highway 8.
Arden Hills, MN 55112
(651)639-4024
13. EFF`ECTIVE DATE. This Agreement shall become effective upon execution by the parties
and shail remain in effect for 5(five) yeazs from the date of the final signature unless terminated
eazlier in accordance with item 4.
14. ENTIRE AGREEMENT. This Agreement contains the entire Agreement between the
parties with regazd to the matters set forth herein.
IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be
signed on their behalf intending to be bound therehy.
For Contract and Analysis Services:
The undersigned person warrants thaf
he or she is authorized to execute this
Agreement and legally bind the City
of Saint Paul and its other governmental
entity division customers:
;
Date �
�
For the City of Saint Paul Attorney
:
�Y.
Its
Da
��
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For Sural�s Services:
Department of Administration:
Its
Date
For the Minnesota Attomey General
as to form and execution:
By
Its
Date