|
31 SECTION 2: MASTER AGREEMENT TERMS AND CONDITIONS | 2014_0122
<br />
<br />products being recommended for inclusion in the Master Agreement as well as defining how adding the product will
<br />enhance the Master Agreement. The Lead State may request that products, other than those recommended, are
<br />added to the Master Agreement.
<br />
<br />In the event that the Lead State desires to add new products and services that are not included in the original Master
<br />Agreement, the Lead State requires that independent manufacturers and resellers cooperate with the already
<br />established Contract Vendor in order to meet the Lead State’s requirements. Evidence of the need to add products or
<br />services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or
<br />amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No
<br />products or services will be added to the Master Agreement without the Lead State’s prior approval.
<br />
<br />10. CONFLICT MINERALS. Contract Vendor agrees to provide information upon request regarding adherence to the
<br />Federal Conflict Minerals Trade Act. See: http://beta.congress.gov/111/bills/hr4173/111hr4173enr.pdf#page=838
<br />http://www.sec.gov/news/press/2012/2012-163.htm
<br />
<br />11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce and publish proposals in
<br />any manner necessary for State agencies and local units of government to access the responses, including but not
<br />limited to photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing. In the event that the
<br />response contains copyrighted or trademarked materials, it is the responder’s responsibility to obtain permission for
<br />the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or
<br />reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all
<br />necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify,
<br />protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising
<br />from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such
<br />action.
<br />
<br />12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon
<br />the date of final execution by the Lead State, unless a later date is specified in the Master Agreement.
<br />
<br />13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information
<br />regarding the location of where services, data storage and/or location of data processing under the Master Agreement
<br />will be performed.
<br />
<br />14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota
<br />Government Data Practices Act, Minn. Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part
<br />of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the
<br />Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the
<br />Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the
<br />Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained,
<br />or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected
<br />nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable,
<br />that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch).
<br />
<br />In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor
<br />must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the
<br />release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08,
<br />apply to the release of the data by either the Contract Vendor or the Lead State.
<br />
<br />The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless
<br />from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the
<br />Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the
<br />Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master
<br />Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the
<br />Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work.
<br />
<br />15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may
<br />create hazardous substances, harmful physical agents or infectious agents as set forth in applicable State and federal
<br />laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A
<br />copy must be included with each delivery.
|