|
MnDOT Agreement # 1002067
<br />
<br />The parties must make prompt payment of their obligations in accordance with applicable law. As
<br />required by Minn. Stat. § 16A.1245, when the Local Government lets a contract for work pursuant to any
<br />work order, the Local Government must require its contractor to pay all subcontractors, less any
<br />retainage, within 10 calendar days of the prime contractor's receipt of payment from the Local
<br />Government for undisputed services provided by the subcontractor(s) and must pay interest at the rate of
<br />one and one-half percent per month or any part of a month to the subcontractor(s) on any undisputed
<br />amount not paid on time to the subcontractor(s).
<br />20. Minn. Stat. § 181.59. The Local Government will comply with the provisions of Minn. Stat. § 181.59
<br />which requires: Every contract for or on behalf of the state of Minnesota, or any county, city, town,
<br />township, school, school district, or any other district in the state, for materials, supplies, or construction
<br />shall contain provisions by which the Contractor agrees: (1) That, in the hiring of common or skilled
<br />labor for the performance of any work under any contract, or any subcontract, no contractor, material
<br />supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons
<br />who are citizens of the United States or resident aliens who are qualified and available to perform the
<br />work to which the employment relates; (2) That no contractor, material supplier, or vendor, shall, in any
<br />manner, discriminate against, or intimidate, or prevent the employment of any person or persons
<br />identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or
<br />persons from the performance of work under any contract on account of race, creed, or color; (3) That a
<br />violation of this section is a misdemeanor; and (4) That this contract may be canceled or terminated by the
<br />state, county, city, town, school board, or any other person authorized to grant the contracts for
<br />employment, and all money due, or to become due under the contract, may be forfeited for a second or
<br />any subsequent violation of the terms or conditions of this contract.
<br />21. Termination; Suspension
<br />21.1. Termination by the State for Convenience. The State or commissioner of Administration may
<br />cancel this Master Contract and any work order contracts at any time, with or without cause, upon
<br />30 days written notice to the Local Government. Upon termination, the Local Government and
<br />the State will be entitled to payment, determined on a pro rata basis, for services satisfactorily
<br />performed.
<br />21.2. Termination by the Local Government for Convenience. The Local Government may cancel this
<br />Master Contract and any work order contracts at any time, with or without cause, upon 30 days
<br />written notice to the State. Upon termination, the Local Government and the State will be entitled
<br />to payment, determined on a pro rata basis, for services satisfactorily performed.
<br />21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this
<br />Master Contract and any work order contract if it does not obtain funding from the Minnesota
<br />legislature or other funding source; or if funding cannot be continued at a level sufficient to allow
<br />for the payment of the services covered here. Termination or suspension must be by written or fax
<br />notice to the Local Government. The State is not obligated to pay for any services that are
<br />provided after notice and effective date of termination or suspension. However, the Local
<br />Government will be entitled to payment, determined on a pro rata basis, for services satisfactorily
<br />performed to the extent that funds are available. The State will not be assessed any penalty if the
<br />master contract or work order is terminated because of the decision of the Minnesota legislature
<br />or other funding source, not to appropriate funds. The State must provide the Local Government
<br />notice of the lack of funding within a reasonable time of the State’s receiving that notice.
<br />22. Data Disclosure
<br />Under Minn. Stat. §270C.65, subd. 3, and other applicable law, the Local Government consents to
<br />disclosure of its federal employer tax identification number, and/or Minnesota tax identification number,
<br />already provided to the State, to federal and state tax agencies and state personnel involved in the
<br />Page 12 of 14
<br />
<br />CM Master Partnership Contract (CM Rev. 10/05/2015)
<br />
<br />
|