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Res 1395 - Surplus Prop Disposl COUNCIL BILL NO. 1768 RESOLUTION NO. 1395 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR SURPLUS PROPERTY DISPOSAL WITH THE STATE OF OREGON, DEPARTMENT OF ADMINISTRATIVE SERVICES AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, the City has a periodic need to dispose of surplus property; and WHEREAS, the City has, historically, disposed of surplus property by local auction; and WHEREAS, another option available to the City, as a local government, is to contract with the State of Oregon, Department of Administrative Services, for the use of its marketing services to dispose of said property; and WHEREAS, the City is legally able to contract with the State and, at the City's option, can continue to also dispose of surplus property by local auction; and WHEREAS, entering into an intergovernmental agreement for surplus property disposal with the State enhances the City's flexibility in its ability to dispose of said surplus property; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an agreement with the State of Oregon, Department of Administrative Services, for the disposal of surplus property. Section 2. That the Mayor and City Administrator are authorized to execute, on behalf of the City, said agreement, a copy of which is attached hereto and, by this reference, incorporated herein. .!\ Approved as to fO;,;)1 0'v"r ~" \ - 1- - "'11- City Attorney Date APPROVED: .c;2:% /}~ J_, ~ 7'/' fA."A/V / Nancy A. id'rksey, Mayor/ Page 1 - COUNCIL BILL NO. 1768 RESOLUTION NO. 1395 _~",,__"""'__''''''____'''''' lllI Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: fll tiA j...{ ~,~~ M~nnant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1768 RESOLUTION NO. 1395 . January 13. 1997 January 15, 1997 January 15, 1997 January 15, 1997 State of Oregon Department of Administrative Services INTERGOVERNMENTAL AGREEMENT FOR SURPLUS PROPERTY DISPOSAL USE OF THE STATE SURPLUS PROPERTY DISPOSAL NETWORK This agreement, hereinafter referred to as "Agreement", is made and entered into this J S" day _ . 4 of ..JC\.i1 '-'Lc<...r.:3 .1912 by and between the State of Oregon; Department of Administra- tive Services, hereinafter referred to as "State", (political subdivision) - ;. and CITY OF WOODBURN 270 MON'Tr.oMERY STREET WOODBURN, OR-97071 , hereinafter referred to as "Political Subdivi- sion" . ....... 1. STATUTORY AUTHORITY, In accordance with and pursuant to the provisions of ORS Chapter 190, entitled "INTERGOVERNMENT AL COOPERATION", the State is authorized to cooper- ate with and furnish services to a city, county, district, or other municipal corporation, commission, authority, entity of political subdivision organized and existing under statute or city or county charter in Oregon. By acceptance of this Agreement, the Political Subdivision certifies that it meets the above criteria for eligibility for cooperation or receipt of services from the State. 2, SERVICES TO BE PROVIDED, (a) The State win provide surplus and confiscated property disposal Services, for the term of this Agreement, to the politicalSubdi vision in return for a service fee. Revenues derived from this service fee shall be used to defer expenses incurred in the transportation, documentation, warehousing, handling and sales directly related to the use of the State's surplus property disposal services by the political Subdivision. The services to be provided under this Agreement will be in the form of access to the use of the State Surplus Property disposal network, By acceptance of this Agreement, the Political Subdivision agrees that the services to be provided will be used for official government business only, (b) A service fee representing a percentage of the value received at sale will be applied to all assets sold through the State Surplus Property disposal network. The service fee is based on the following schedule; $00,01 - $10.00 = 100%, ---~---"-"'-,.. ~"'-_"'_'9k'" Oregon Department of Administrative Services Intergovernmental Agreement Surplus Property Disposal Services Page 2 $10.01 _ $5,000.00 = 20% and $5,000.01 and over = 15%. The services provided and charges incurred may be .modified by the execution of an amended Prop- erty Disposition Request agreed to by both parties. . (c) The State reserves the right to establish and/ or adjust resale prices of State Surplus Property to reflect fair market value. Fair market value will be established using methods that are generally accepted and used by the indus- try, This includes, bbt is not limited to, consulting vendors selling like goods, e.g. antique dealers and/or liquidators. Resale values established by the political Subdivision will be honored for a period not to exceed thirty (30) days before fair market value adjustments are executed. - .. 3. TERM~ This Agreement is effective, and will be considered fully exe~uted, upon signature by both parties, and shall remain in effect until canceled by one of the parties. However, 1n no event shall the term of this Agreement extend beyond a peri~ of five (5) years from the date it becomes effective. The term of this Agreement may be extended or renewed if it is mutually agreeable to do so. Such extension or renewal shall be in writing with the term of extension or renewal specified. 4. ~ANCELLA TION. (a) This Agreement may be canceled without liability or penalty, by either party, upon presentation of forty-five (45) days written notice. No such cancellation shall prejudice any obligations or liabilities or either party already accrued prior to the effective date of cancellation. (b) The State may cancel this Agreement immediately upon such notice as the State may provide, without liability or penalty, in the event funding sufficient to support the program is suspended, withdrawn, denied or termi- nated, The Manager of the Surplus Property Center within the Department of Administrative Services shall have absolute discretion to determine the avail- ability of sufficient funding, and may effect cancellation of this Agreement by delivery of written notice to the Political Subdivision. By mutual agreement of the parties, this Agreement may be amended to accommodate a reduction in the funding of either party. 5. RESPONSIBILITY OF THE POLITICAL SUBDIVISION, (a) It is understood that the utilization of the services authorized by this Agreement are elective on the part of the Political Subdivision. (b) The Political Subdivision is responsible for providing the State with the necessary information to provide effective and accountable surplus property "'1'.--.- . ~ ._~""".~.... . ,."-~"""","-",,,",,",-,~,,,~,,,,,,,,,,~-,,,,,,""'~,",,~";'-',,'...,"'-."""-''''''' Oregon Department of Administrative Services Intergovernmental Agreement Surplus Property Disposal Services Page 3 disposal services. This information would include, but not be limited to..the submission of complete, accurate and timely Property Disposition Requests and Property Tags for each item/items submitted to the State for disposal. (c) The political Subdivision agrees to allow all service fees applied by the State to be deducted from sale proceeds prior to their final disbursement. (d) Under this Agr~ment, the Political Subdivision becomes a subscriber to and user of the State Surplus Property disposal network, which belongs to and is used by the State of Oregon and its constituent agencies and divisions. The political Subdivision will be treated, as nearly as practicable and possible, on a parity with state agencies and other political subdivisions that subscribe to and use this service. 6. RESPONSIBILITY OF THE ST A TEl The State shall make every attempt to provide the Political Subdivision with satisfCK;tory services on a parity with all other subscribers to and users of the State Surplus Property disposal network. The State will notify the Political Subdivision in writing at least thirty (30) days prior to any scheduled changes in services and or fees. 7. ~IMITATION OF LlABILITYI The Political Subdivision agrees that the State shall not be subject to any claim, action, or liability arising in any manner whatsoever out of any act or omission, interruption, or cessation of service under this Agreement. The State shall not be liable or responsible for any direct, indirect special or consequential dam- ages sustained by the Political Subdivision, including, but not limited to, delay, interruption of business activities, or lest receipts that may result in any manner whatsoever from any act or omission, interruption, or cessation of service, 8. INDEMNIFICATION BY THE POLITICAL SUBDIVISION. To the full extent authorized by statute or charter, the Political Subdivision shall indemnify, defend, and hold harmless the State of Oregon and the Department of Administrative Services, its officers, divisions, agents, employ- ees, and members from all claims, suits, or actions of any nature arising out of the negligent acts or omissions of the Political Subdiv.ision, its officers, contractors, agents or employees under this Agreement, 9. INDEMNIFICATION BYTHE STATE, , ._..T""""'n"_..~- .....,..._..~,... .....,.. . .....---......-,......-.-. Oregon Department of Administrative Services Intergovernmental Agreement Surplus Property Disposal Services Page 4 Subje~t to the limitations and conditions of the Oregon Tort Claims Act,9RS 30.260 through 30.300, and Article XI, Section 7 of the Oregon Constitution, State of Oregon shall indemnify the Political Subdivision and hold the political Subdivision harmless from and against liability for damage to life, person or property arising solely from the negligence of the State of Oregon and the Department of Administrative Services, its officers, division, agents, employ- ees, and ,members in providing services to the Political Subdivision under this Agreement. Provided, the State of Oregon shall not be required to indemnify and hold Political Subdivision harmless from liability arising in any manner from the acts or omissions of Political Subdivision, its officers, contractors, agents, or employees. 10, ASSIGNMENT. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nei- ther party shall assign or transfer its interest in this Agreement without the prior ilfrltten approval of the other. 11, WAIVER, The failure of either party to enforce any provisions of this Agreement shall not constitute a waiver by that party of that or any other provision of this Agree- ment, or the waiver by that party of the ability to enforce that or any other provision in the event of any subsequent, similar breach. 12, SEVERABILITY, If any provision of this Agreement shall be held invalid or unenforceable by any court or tribunal of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision. If any term or provision of this Agreement is declared by a court or tribunal or competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. 13, ATTORNEY FEES, In the event a lawsuit of any kind is instituted on behalf of either party to collect -~. -< .......,~-~. Oregon Department of Administrative Services Intergovernmental Agreement Surplus Property Disposal Services Page 5 any payment due under this Agreement or to obtain performance of any kind under this Agreement, each party shall be responsible for its own attorney fees and all'related costs and disbursements incurred therein. 14. MERGER" THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OR PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER P ARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFlCA TION OR CHANGE, IF MADE SHAlJ. pE EFFECTIVE ONLY IN THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. 15. SIGNATURES. Each p~y, by the signature below of its authorized representative, hereby acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Each person signing this Agreement represents and warrants to have authority to execute this Agreement. NANCY A. KTRKSF.Y (name - please print) MmTS C"HTT .ns (name - please print) (title) '--;n'~~ (signat re) ,/ / /:5"/7 7 I (date) CITY ArMINISTRATOR (title) MAYOR ~u- (signature) 1/15'/'17 . # (date) Agency contact person:BEN GILLESPIE, FIijANCR DIR Phone: (5.01) qR? l:i?ll (name - please print) State Surplus Manager Date leA ."..."m"..-......H..."".-..._,_..,..,..,',...-',___-.._......~~....~.~