§ 24.265. Subcontractors and independent contractors.

Any contractor or subcontractor who plans to accomplish all or a portion of the work under a contract within the scope of section 24.220 using subcontractors or self-employed independent contractors may be required to provide the department of civil rights with bona fide proof of the status of such entities in the pre-award conference required by section 24.230. All such subcontractors and independent contractors must have executed a written contract/subcontract agreement for their work performance. The department of civil rights will accept the following as a bona fide demonstration of subcontractor status:

(1)

Current business filing with the Minnesota Secretary of State along with the address and telephone number for that entity;

(2)

Proof of workers' compensation insurance coverage;

(3)

Proof of unemployment insurance.

In addition to the above criteria, a self-employed independent contractor must be performing work on the project under an independent contractor exemption certificate as defined by Minnesota Statutes, Section 181.723, subd. 4 and Section 326B.701. If the status of subcontractors or self-employed independent contractors cannot be determined by submission of the above information or documentation, subcontractor or independent contractor status will be disallowed and the individual(s) performing the work will be included on the engaging company's payroll as employees and will be entitled to receipt of the prevailing wage from the engaging company for all work performed. ( Ord. No. 2016-044 , § 8, 6-17-16)