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MnDOT Agreement# 02482
<br /> 17.2. Data Practices Act. Section 17.1 is not intended to override the Local Government's
<br /> responsibilities 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
<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 /> The parties must make prompt payment of their obligations in accordance with applicable law.As
<br /> required by Minn. Stat. § 16A.1245,when the Local Government lets a contract for work pursuant to any
<br /> work order,the Local Government must require its contractor to pay all subcontractors,less any
<br /> retainage,within 10 calendar days of the prime contractor's receipt of payment from the Local
<br /> Government for undisputed services provided by the subcontractor(s)and must pay interest at the rate of
<br /> one and one-half percent per month or any part of a month to the subcontractor(s)on any undisputed
<br /> 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
<br /> which requires: Every contract for or on behalf of the state of Minnesota, or any county, city,town,
<br /> township, school, school district,or any other district in the state,for materials, supplies,or construction
<br /> shall contain provisions by which the Contractor agrees: (1)That,in the hiring of common or skilled
<br /> labor for the performance of any work under any contract,or any subcontract,no contractor,material
<br /> supplier,or vendor, shall,by reason of race,creed, or color,discriminate against the person or persons
<br /> who are citizens of the United States or resident aliens who are qualified and available to perform the
<br /> work to which the employment relates; (2)That no contractor,material supplier,or vendor, shall, in any
<br /> manner,discriminate against,or intimidate, or prevent the employment of any person or persons
<br /> identified in clause(1)of this section, or on being hired,prevent,or conspire to prevent,the person or
<br /> 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
<br /> state,county,city, town, school board,or any other person authorized to grant the contracts for
<br /> employment, and all money due, or to become due under the contract,may be forfeited for a second or
<br /> 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
<br /> cancel this Master Contract and any work order contracts at any time,with or without cause,upon
<br /> 30 days written notice to the Local Government.Upon termination,the Local Government and
<br /> the State will be entitled to payment,determined on a pro rata basis, for services satisfactorily
<br /> performed.
<br /> 21.2. Termination by the Local Government for Convenience. The Local Government may cancel this
<br /> Master Contract and any work order contracts at any time,with or without cause,upon 30 days
<br /> written notice to the State.Upon termination,the Local Government and the State will be entitled
<br /> to payment, determined on a pro rata basis, for services satisfactorily performed.
<br /> 21.3. Termination for Insufficient Funding. The State may immediately terminate or suspend this
<br /> Master Contract and any work order contract if it does not obtain funding from the Minnesota
<br /> legislature or other funding source; or if funding cannot be continued at a level sufficient to allow
<br /> for the payment of the services covered here. Termination or suspension must be by written or fax
<br /> notice to the Local Government.The State is not obligated to pay for any services that are
<br /> provided after notice and effective date of termination or suspension.However,the Local
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<br /> CM Master Partnership Contract(CM Rev. 11/02/2012)
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