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MnDOT Contract Number: 1050325
<br /> 16.1. Each party will be responsible for its own employees for any workers compensation claims.This MPC,and
<br /> any work order contracts issued hereunder,are not intended to constitute an interchange of government
<br /> employees under Minn.Stat. §15.53.To the extent that this MPC,or any work order issued hereunder, is
<br /> determined to be subject to Minn.Stat. §15.53,such statute will control to the extent of any conflict
<br /> between the contract and the 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 notices
<br /> prepared by or for the Other Party individually or jointly with others,or any subcontractors,with respect to
<br /> the program, publications,or services provided resulting from a work order contract.
<br /> 17.2. Data Practices Act.Section 17.1 is not intended to override the Other Party's responsibilities under the
<br /> Minnesota Government Data Practices Act.
<br /> 18. Governing Law,Jurisdiction,and Venue
<br /> 18.1. Minnesota law,without regard to its choice-of-law provisions,governs this master contract and all work
<br /> order contracts.Venue for all legal proceedings out of this master contract or any work order contracts,or
<br /> the breach of any such contracts, must be in the appropriate state or federal court with competent
<br /> jurisdiction in Ramsey County, Minnesota.
<br /> 19. Prompt Payment;Payment to Subcontractors
<br /> 19.1. The parties must make prompt payment of their obligations in accordance with applicable law.As required
<br /> by Minn.Stat.§ 16A.1245,when the Other Party lets a contract for work pursuant to any work order,the
<br /> Other Party must require its contractor to pay all subcontractors, less any retainage,within 10 calendar days
<br /> of the prime contractor's receipt of payment from the Other Party for undisputed services provided by the
<br /> subcontractor(s)and must pay interest at the rate of one and one-half percent per month or any part of a
<br /> month to the subcontractor(s)on any undisputed amount not paid on time to the subcontractor(s).
<br /> 20. Minn.Stat.§181.59.
<br /> 20.1. The Other Party will comply with the provisions of Minn.Stat. § 181.59 which requires: Every contract for or
<br /> on behalf of the state of Minnesota,or any county,city,town,township,school,school district,or any other
<br /> district in the state,for materials,supplies,or construction shall contain provisions by which the Contractor
<br /> agrees: (1)That, in the hiring of common or skilled labor for the performance of any work under any
<br /> contract,or any subcontract, no contractor, material supplier,or vendor,shall, by reason of race,creed,or
<br /> color,discriminate against the person or persons who are citizens of the United States or resident aliens
<br /> who are qualified and available to perform the work to which the employment relates; (2)That no
<br /> contractor, material supplier,or vendor,shall,in any manner,discriminate against,or intimidate,or prevent
<br /> the employment of any person or persons identified in clause(1)of this section, or on being hired, prevent,
<br /> or conspire to prevent,the person or persons from the performance of work under any contract on account
<br /> 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,county,city,town,school board,or any other person authorized to
<br /> grant the contracts for employment,and all money due,or to become due under the contract, may be
<br /> forfeited for a second or 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 cancel this
<br /> MPC and any work order contracts at any time,with or without cause, upon 30 days written notice to the
<br /> Other Party. Upon termination,the Other Party and the State will be entitled to payment,determined on a
<br /> pro rata basis,for services satisfactorily performed.
<br /> 21.2. Termination by the Other Party for Convenience.The Other Party may cancel this MPC and any work order
<br /> contracts at any time,with or without cause, upon 30 days written notice to the State. Upon termination,
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