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  • Encumberance
    Minnesota Statutes, Chapter 16A.15, Subd. 3.  “Allotment and encumbrance.  A payment may not be made without prior obligation.  An obligation may not be incurred against any fund, allotment, or appropriation unless the commissioner has certified a sufficient unencumbered balance in the fund allotment, or appropriation to meet it.  An expenditure or obligation authorized or incurred in violation of this chapter is invalid and ineligible for payment until made valid.  A payment made in violation of this chapter is illegal.  An employee authorizing or making the payment, or taking part in it, and a person receiving any part of the payment, are jointly and severally liable to the state for the amount paid or received.  If an employee knowingly incurs an obligation or authorizes or makes an expenditure in violation of this chapter or takes part in the violation, the violation is just cause for the employee’s removal by the appointing authority or by the governor if any appointing authority other than the governor fails to do so.  In the latter case, the governor shall give notice of the violation and an opportunity to be heard on it to the employee and to the appointing authority.  A claim presented against an appropriation without prior allotment or encumbrance may be made valid on investigation, review, and approval by the commissioner, if the services, materials, or supplies to be paid for were actually furnished in good faith without collusion and without intent to defraud.  The commissioner may then draw a warrant to pay the claim just as properly allotted and encumbered claims are paid…”

  • Audit
    Minnesota Statutes, Chapter 16C.05, Subd. 5.  Subject to audit.  A contract or any pass-through disbursement of public funds to a vendor of services or a grantee made by or under the supervision of the commissioner or any county or local unit of government must include, expressed or implied, an audit clause that provides that the books, records, documents, and accounting procedures and practices of the vendor or other party, that are relevant to the contract or transaction, are subject to examination by the contracting agency, and either the legislative auditor or the state auditor as appropriate for a minimum of six years….

  • Length of Lease, Termination, Consulting with Capitol Area Architectural and Planning Board and Legislative committees, vacant public space, Preference for Certain Buildings and Recycling
    As part of such statute requirements, RECS requires the completion of a Certificate of Compliance in order to comply with item (b) and (c) below.

    Minnesota Statutes, Chapter 16B.24, Subd. 6.  “Property rental

    (a) Leases.  The commissioner shall rent land and other premises when necessary for state purposes.  Notwithstanding subdivision 6, paragraph (a), the commissioner may lease land or premises for up to ten years or less, subject to cancellation upon 30 days written notice by the state for any reason except lease of other nonstate owned land or premises for the same use.  The commissioner may not rent nonstate owned land and buildings or substantial portions of land or buildings within the capitol area as defined in section 15.50 unless the commissioner first consults with the capitol area architectural and planning board.  If the commissioner enters into a lease-purchase agreement for buildings or substantial portions of buildings within the capitol area, the commissioner shall require that any new construction of nonstate owned buildings conform to design guidelines of the capitol area architectural and planning board.  Lands needed by the department of transportation for storage of vehicles or road materials may be rented for five years or less, such leases for terms over two years being subject to cancellation upon 30 days written notice by the state for any reason except rental of other land or premises for the same use.  An agency or department head must consult with the chairs of the house appropriations and senate finance committees before entering into any agreement that would cause an agency’s rental costs to increase by ten percent or more per square foot or would increase the number of square feet of office space rented by the agency by 25 percent or more in any fiscal year.

    (b) Use vacant public space.  No agency may initiate or renew a lease for space for its own use in a private building unless the commissioner has thoroughly investigated presently vacant space in public buildings, such as closed school buildings, and found that none is available or use of the space is not feasible, prudent and cost effective compared with available alternatives. 

    (c) Preference for certain buildings.  For needs beyond those which can be accommodated in state-owned buildings, the commissioner shall acquire and utilize space in suitable buildings of historical, architectural, or cultural significance for the purposes of this subdivision unless use of that space is not feasible, prudent and cost effective compared with available alternatives.  Buildings are of historical, architectural, or cultural significance if they are listed on the national register of historic places, designated by a state or county historical society, or designated by a municipal preservation commission.

    (d) Recycling space.  Leases for space of 30 days or more for 5,000 square feet or more must require that space be provided for recyclable materials.”

  • Energy Use
    Minnesota Statutes, Chapter 16B.32, Subd. 2.  “Energy conservation goals; efficiency program  (a)… The goal of the program in this paragraph is to demonstrate that through effective energy conservation the total energy consumption per square foot of state-owned and wholly state-leased buildings could be reduced by at least 25 percent, and climate control energy consumption per square foot could be reduced by at least 15 percent from consumption in the base year of 1990…”
  • Accessibility For Persons with Disabilities
    Minnesota Statutes, Chapter 363A.36.  “Accessibility.  (b) leased space.  No agency of the state may lease space for agency operations in a non state owned building unless the building satisfies the requirements of the state building code for accessibility by the physically handicapped, or is eligible to display the state symbol of accessibility.  This limitation applies to leases of 30 days or more for space of at least 1,000 square feet.”

  • Human Rights
    Minnesota Statutes, Chapter 363A.36.  “Scope of application.  For goods and services in excess of $100,000, no department or agency of the state shall accept any bid or proposal for a contract or agreement or from any business having more than 40 full-time employees within this state during the previous 12 months, unless the firm or business has an affirmative action plan for the employment of minority persons, women, and the disabled individuals submitted to the commissioner of human rights for approval.  No department or agency of the state shall execute any such contract or agreement until the affirmative action plan has been approved by the commissioner of human rights.  Receipt of a certificate of compliance issued by the commissioner shall signify that a firm or business has an affirmative action plan that has been approved by the commissioner.  A certificate shall be valid for a period of two years…”
  • Renting Out State Property
    Minnesota Statutes, Chapter 16B.24, Subd.5
    (a)        “Authority.  The commissioner may rent out state property, real or personal, that is not needed for public use, if the rental is not otherwise provided for or prohibited by law.  The property may not be rented out for more than five years at a time without the approval of the state executive council and may never be rented out for more than 25 years….”
    (d)        “Lease of space in certain state buildings to state agencies.  The commissioner may lease portions of the state-owned buildings under the custodial control of the commissioner to state agencies and the court administrator on behalf of the judicial branch of state government and charge rent on the basis of space occupied….” 
    (e)        “Lease of space in Andersen and Freeman buildings. The commissioner may lease space in the Elmer L. Andersen and Orville L. Freeman buildings to state agencies and charge rent on the basis of space occupied…”