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MnDOT Contract Number: 1050164
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<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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