The Minnesota Chapter
of the National Institute
of Governmental Purchasing, Inc.

-Established 1981-

V. BONDS (continued)

the State.  This provision requires the approval of the commissioner of Administration and only applies to contracts not exceeding $5,000.

a. Under § 574.264 a State contract for a forestry development project may have security submitted in lieu of bond including "a certified check, a cashier's check, a postal, bank or express money order, asignable bonds or notes of the United States, or an assignment of a bank savings account or investment certificate or an irrevocable bank letter of credit."

b. Minn. Stat. § 574.38 provides that whenever this chapter or other law or home rule charter requires a performance bond from a contractor doing a public work project of under $50,000 for a home rule charter or statutory city, county, town, school district or other local government authority, the contractor may be permitted to provide, in lieu of the bond, an irrevocable bank letter of credit in the same amount required for the bond and subject to the same conditions as the bond.

C. Bond Approval

1. Under Minn. Stat. § 574.20, county bonds are generally approved as to form and execution by the county attorney of the respective county.  The following items should be checked when approving a bond:

a. Name of the entity or "principal" providing the bond.

b. Name of the insurance company or "surety" providing the bond as insurance.

c. Name of the entity or county "obligee" to whom the bond is given.

d. Amount of the bond.

e. Duration of the bond.

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