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MnDOT Contract No. 1029944
<br /> 14.1. Termination by MnDOT. MnDOT may terminate this agreement with or without cause, upon 30 days
<br /> written notice to the Local Government. Upon termination,the Local Government will be entitled to
<br /> payment, determined on a pro rata basis, for services satisfactorily performed.
<br /> 14.2. Termination for Cause. MnDOT may immediately terminate this agreement if MnDOT finds that there has
<br /> been a failure to comply with the provisions of this agreement, that reasonable progress has not been made,
<br /> that fraudulent or wasteful activity has occurred,that the Local Government has been convicted of a
<br /> criminal offense relating to a state agreement, or that the purposes for which the funds were granted have
<br /> not been or will not be fulfilled. MnDOT may take action to protect the interests of MnDOT of Minnesota,
<br /> including the refusal to disburse additional funds and requiring the return of all or part of the funds already
<br /> disbursed.
<br /> 14.3. Termination for Insufficient Funding. MnDOT may immediately terminate this agreement if:
<br /> 14.3.1. It does not obtain funding from the Minnesota Legislature; or
<br /> 14.3.2. If funding cannot be continued at a level sufficient to allow for the payment of the services covered
<br /> here.Termination must be by written or fax notice to the Local Government. MnDOT is not
<br /> obligated to pay for any services that are provided after notice and effective date of termination.
<br /> However,the Local Government will be entitled to payment, determined on a pro rata basis,for
<br /> services satisfactorily performed to the extent that funds are available. MnDOT will not be assessed
<br /> any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or
<br /> other funding source, not to appropriate funds. MnDOT will provide the Local Government notice of
<br /> the lack of funding within a reasonable time of MnDOT's receiving that notice.
<br /> 14.4. Suspension. MnDOT may immediately suspend this agreement in the event of a total or partial government
<br /> shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the
<br /> Local Government during a period of suspension will be deemed unauthorized and undertaken at risk of
<br /> non-payment.
<br /> 15. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law,the Local Government consents
<br /> to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax
<br /> identification number, already provided to MnDOT,to federal and state tax agencies and state personnel involved
<br /> in the payment of state obligations. These identification numbers may be used in the enforcement of federal and
<br /> state tax laws which could result in action requiring the Local Government to file state tax returns and pay
<br /> delinquent state tax liabilities, if any.
<br /> 16. Fund Use Prohibited.The Local Government will not utilize any funds received pursuant to this Agreement to
<br /> compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however
<br /> organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction
<br /> applies regardless of whether the disqualified or debarred party acts in the capacity of a general contractor, a
<br /> subcontractor, or as an equipment or material supplier. This restriction does not prevent the Local Government
<br /> from utilizing these funds to pay any party who might be disqualified or debarred after the Local Government's
<br /> contract award on this Project.
<br /> 17. Discrimination Prohibited by Minnesota Statutes§181.59.The Local Government will comply with the provisions
<br /> of Minnesota Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or
<br /> any county, city,town,township, school, school district or any other district in the state,for materials, supplies or
<br /> construction will contain provisions by which Contractor agrees: 1)That, in the hiring of common or skilled labor
<br /> for the performance of any work under any contract, or any subcontract, no Contractor, material supplier or
<br /> vendor, will, by reason of race, creed or color, discriminate against the person or persons who are citizens of the
<br /> United States or resident aliens who are qualified and available to perform the work to which the employment
<br /> relates; 2)That no Contractor, material supplier, or vendor, will, in any manner, discriminate against, or
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