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MnDOT Contract No. 1062987
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<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 />13.4. 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 />14. 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 />15. 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 />16. 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 />intimidate, or prevent the employment of any person or persons identified in clause 1 of this section, or on being
<br />hired, prevent or conspire to prevent, the person or persons from the performance of work under any contract on
<br />account of race, creed or color; 3) That a violation of this section is a misdemeanor; and 4) That this contract may
<br />be canceled or terminated by the state of Minnesota, or any county, city, town, township, school, school district or
<br />any other person authorized to contracts for employment, and all money due, or to become due under the
<br />contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this Agreement.
<br />17. Appendix II 2 CFR Part 200. The Local Government agrees to comply with the following federal requirements as
<br />identified in 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal
<br />Awards, and agrees to pass through these requirements to its subcontractors and third party contractors, as
<br />applicable. In addition, the Local Government shall have the same meaning as “Contractor” in the federal
<br />requirements listed below.
<br />17.1.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
<br />determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations
<br />Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
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