|
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. Mn DOT 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
<br />
|