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MnDOT Contract Number: 1028422
<br /> subject to Minn. Stat. §15.53, such statute will control to the extent of any conflict between the contract and the
<br /> statute.
<br /> 17. Publicity
<br /> 17.1. Publicity. Any publicity regarding the subject matter of a work order contract where the State is the
<br /> Requesting Party must identify the State as the sponsoring agency and must not be released without prior
<br /> written approval from the State's Authorized Representative. For purposes of this provision,publicity
<br /> includes notices, informational pamphlets,press releases,research,reports, signs,and similar public
<br /> notices prepared by or for the Local Government individually or jointly with others, or any
<br /> subcontractors,with respect to the program,publications, or services provided resulting from a work
<br /> order contract.
<br /> 17.2. Data Practices Act Section 17.1 is not intended to override the Local Government's responsibilities
<br /> under the Minnesota Government Data Practices Act.
<br /> 18. Governing Law,Jurisdiction,and Venue
<br /> Minnesota law,without regard to its choice-of-law provisions,governs this master contract and all work order
<br /> contracts.Venue for all legal proceedings out of this master contract or any work order contracts, or the breach of
<br /> any such contracts,must be in the appropriate state or federal court with competent jurisdiction in Ramsey
<br /> County,Minnesota.
<br /> 19. Prompt Payment;Payment to Subcontractors
<br /> The parties must make prompt payment of their obligations in accordance with applicable law.As required by
<br /> Minn. Stat. § 16A.1245,when the Local Government lets a contract for work pursuant to any work order,the
<br /> Local Government must require its contractor to pay all subcontractors,less any retainage,within 10 calendar
<br /> days of the prime contractor's receipt of payment from the Local Government for undisputed services provided by
<br /> the subcontractor(s)and must pay interest at the rate of one and one-half percent per month or any part of a month
<br /> to the subcontractor(s)on any undisputed 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 which
<br /> requires: Every contract for or on behalf of the state of Minnesota,or any county,city,town,township, school,
<br /> school district,or any other district in the state,for materials, supplies,or construction shall contain provisions by
<br /> which the Contractor agrees: (1)That, in the hiring of common or skilled labor for the performance of any work
<br /> under any contract,or any subcontract,no contractor,material supplier,or vendor, shall,by reason of race,creed,
<br /> or color,discriminate against the person or persons who are citizens of the United States or resident aliens who
<br /> are qualified and available to perform the work to which the employment relates;(2)That no contractor,material
<br /> supplier,or vendor, shall, in any manner, discriminate against,or intimidate,or prevent the employment of any
<br /> person or persons identified in clause(1)of this section,or on being hired,prevent,or conspire to prevent,the
<br /> person or 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 state,
<br /> county,city,town, school board,or any other person authorized to grant the contracts for employment,and all
<br /> money due,or to become due under the contract,may be forfeited for a second or any subsequent violation of the
<br /> 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 cancel this
<br /> MPC and any work order contracts at any time,with or without cause, upon 30 days written notice to the
<br /> Local Government.Upon termination,the Local Government and the State will be entitled to payment,
<br /> determined on a pro rata basis,for services satisfactorily performed.
<br /> 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this MPC
<br /> and any work order contracts at any time,with or without cause,upon 30 days written notice to the State.
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<br /> CM Master Partnership Contract(CM Rev.04/10/2017)
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