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MnDOT Contract Number:
<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 Stare 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 Mester Partnership Contract (CM Rev. 04/102017)
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