Common use of Pursuant to Minn Clause in Contracts

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to Upon request by the software, products, or subscriptions available through this Contractparticipating entity, the Contractor agrees must make best efforts to develop functionality provide current Voluntary Product Accessibility Templates (VPATS) for all products offered which supports are available for review at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/en-us/accessibility/conformance-reports. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions information upon request at no additional charge regarding adherence to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance Conflict Minerals section of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and either approve them or request a remediation plan from the ContractorConsumer Protection Act (Section 1502). Contractor warrants that its Products comply with the aboveSee: ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/111/bills/hr4173/111hr4173enr.pdf#page=838 ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/news/press/2012/2012-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.163.htm

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to DocuSign Envelope ID: 87F53414-136E-413E-907B-A408CF7AA97C develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to DocuSign Envelope ID: F95706BF-7282-4AB8-B0D8-6298E823225C develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. https://mn.gov/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to DocuSign Envelope ID: 87F53414-136E-413E-907B-A408CF7AA97C develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to DocuSign Envelope ID: BF4B4936-8E51-4BC4-A663-96CA64FAF922 DocuSign Envelope ID: 49580045-48A1-433C-A5B7-A9BA792C6C30 DocuSign Envelope ID: D41CD8ED-C7DA-4DDA-A0EC-12C70DC05DC6 develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to use commercially reasonable efforts to provide alternative solutions upon request at no additional charge to the StateState or if unable to do so, remove the nonconforming product from the Product and Services Schedule at NASPO’s request. When updates or upgrades are made to the products or services available through this Contract, upon the written request by NASPO, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor, if necessary. If Contractor is unable to provide a remediation plan, Contractor will remove the product at issue from the Product and Services Schedule at NASPO’s written request. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any third party claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standardsapplicable State or Federal law. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to DocuSign Envelope ID: 2ACCCABB-6861-448D-A210-420739EC0EE7 develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. §§ 16C.145, the Contractor shall must comply with the following nonvisual technology access standardsstandards to the extent required by law: • That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; • That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; • That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and • That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired; and • Executive branch state agencies subject to Section 16E.03, subdivision 9, are not required to include nonvisual technology access standards developed under this Section in contracts for the procurement of information technology. • These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges This Contract does not have any insurance requirements. Within 60 days of receipt of order MnDOT Office of Materials and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: Road Research Mailstop 645 ▇▇▇▇ ▇▇▇▇▇://▇▇.▇ ▇▇▇/mnit/government/policies/accessibility/. The Standards apply ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Requirements: Provide two reduced size LWD’s (Specifications listed under section I below) with cases. Ship to web sites▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, software applications▇▇▇▇▇▇▇▇▇, electronic reports ▇▇ ▇▇▇▇▇. Provide Light Weight Deflectometers (LWD) with the following characteristics: Measures a soil's Dynamic Elastic Modulus Have a mass of less than 18 Kg‌ Have a drop mass of 5 Kg Have a rod length of 25-28" Have a Plate radius of 75mm‌‌ Create a collision force of 3.25 - 3.75 Kn Create a soil Pressure of 175 - 225 kPa‌ Have a handheld digital readout control box for the Dynamic Elastic Modulus readout Has a handle on the base plate One-year limited warranty on the device which includes all parts & service Case must be made of Thermoplastic and output documentationhave PE Foam cut out to hold the LWD. It must be waterproof, training delivered in electronic formats (includingairtight, but not limited to, documents, videoscrush proof, and webinars)corrosion resistant, among othersIt must have a waterproof seal. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to develop functionality which supports accessibility. If any issues arise due to nonconformance It must have ergonomic foldable handles with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility rubber coating and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in defaulthave stainless steel hasps.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall must comply with the following nonvisual technology access standardsstandards to the extent required by law: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired; and Executive branch state agencies subject to Section 16E.03, subdivision 9, are not required to include nonvisual technology access standards developed under this Section in contracts for the procurement of information technology. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Security and Data Protection. [For IT-related contracts, if you are a MNIT Consolidated agency, Contact MNIT at ▇▇▇.▇▇▇▇@▇▇▇▇▇.▇▇.▇▇ to determine if this section is necessary and to receive current language. For physical records contact your agency legal staff to determine if necessary and to receive current language.] Compliance with Data Privacy and Security Laws and Standards. [For IT-related contracts, if you are a MNIT Consolidated agency, Contact MNIT at ▇▇▇.▇▇▇▇@▇▇▇▇▇.▇▇.▇▇ to determine if this section is necessary and to receive current language. For physical records contact your agency legal staff to determine if necessary and to receive current language.] Supply Chain Security. [For IT-related contracts, if you are a MNIT Consolidated agency, Contact MNIT at ▇▇▇.▇▇▇▇@▇▇▇▇▇.▇▇.▇▇ to determine if this section is necessary and to receive current language. For physical goods contact your agency legal staff to determine if necessary and to receive current language.] [Optional] PCI Language. [Instruction: if the Contractor acknowledges and is fully aware that accepting credit card, P-Card or Fleet Card as a form of payment either from the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in partpublic or the state, the Web Content Accessibility Guidelines following clause must be included.] All of Contractor’s systems and components that process, store, or transmit Cardholder Data shall comply with the most recent version of the Payment Card Industry Data Security Standard (WCAG“PCI DSS”) and Section 508 which can be viewed promulgated by the PCI Security Standards Council, available online at: ▇▇▇▇▇://▇▇▇.▇▇▇/mnit/government/policies/accessibility/. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/document_library. The Contractor shall, upon request, provide the State with Contractor’s current Attestation of Compliance signed by a PCI QSA (“Qualified Security Assessor”). For purposes of this sub-section, “Cardholder Data” has the meaning defined by the PCI Security Standards Council, Payment Card Industry (PCI) Data Security Standard (DSS) and Payment Application Data Security Standard (PA-DSS), Glossary of Terms, Abbreviations, and Acronyms, available online at: ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/document_library. Survival of Terms. The following clauses survive the expiration or cancellation of this Contract: Indemnification; State Audits; Government Data Practices; Intellectual Property; Publicity and Endorsement; Governing Law, Jurisdiction, and Venue; and Data Disclosure. Any other Contract term that expressly states or by its nature shall survive, shall survive. Subcontracting. [Delete the text in red unless the estimated value of the solicitation is close to $50,000. If it is close to $50,000 change the red text color to black.] Only subcontractors that have been approved by the Contract Administrator can be used for this Contract. See attachments to Exhibit A, Supplements 2, and 3, Responsible Contractor forms. After the effective date of the Contract, the Contractor shall not, without submitting Supplement 3 to Exhibit A and receiving prior written approval of the Contract Administrator, subcontract for the performance of any of the Contractor’s obligations that were not already approved for subcontracting when the Contract was awarded. During this Contract, if an approved subcontractor is determined to be performing unsatisfactorily by the Contract Administrator, the Contractor will receive written notification that the subcontractor can no longer be used for this Contract. The provisions of the Contract shall apply with equal force and effect to web sitesall approved subcontractors engaged by the Contractor. Notwithstanding approval by the State, software applicationsno subcontract shall serve to terminate or in any way affect the primary legal responsibility of the Contractor for timely and satisfactory performances of the obligations contemplated by the Contract. Subcontractor Payment. In accordance with Minn. Stat. § 16A.1245, electronic reports the Contractor shall, within ten (10) days of receipt of payment from the State, pay all subcontractors and output documentationsuppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contractor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, training delivered undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontractor that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney’s fees that were incurred in electronic formats bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under the Contract. In the event the Contractor fails to make timely payments to a subcontractor or supplier, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a subcontractor or supplier. If there are no remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. Responsible Contractor Requirement (includingMinn. Stat. § 16C.285, subd. 3). [Delete unless the estimated value of the solicitation is close to $50,000.] List and submit all first-tier Subcontractors on Supplement 2, titled “Supplement 2 – First-Tier Subcontractors List.” This may be submitted with the response, but it must be submitted prior to contract execution. If additional Subcontractors are added to a project after execution of a contract, complete and submit the attachment tilted “Supplement 3 Additional Subcontractors List” within 14 days of retaining the additional Subcontractors. Supplement 3 verifies the additional Subcontractors have been certified as in compliance with the requirements of Minn. Stat. § 16C.285. Upon request from the ordering entity, the Contractor shall submit copies of the signed certifications of compliance from all Subcontractors of any tier. Prevailing Wage. All State funded or partially State funded work against this contract is subject to the prevailing wage requirements pursuant to Minnesota Statutes 177.41 to 177.44 and corresponding Minnesota Rules 5200.1000 to 5200.1120 as established by the Minnesota Department of Labor and Industry. Specifically, all contractors and all tiers of subcontractors must pay all laborers and mechanics the established prevailing wages for work performed under the contract. Failure to comply with the aforementioned may result in civil or criminal penalties. Work under this contract includes, but is not limited to, documents[Enter examples of trades that may be used under the scope of this contract]. See ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇.▇▇▇/rules/?id=5200.1102 and ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇.▇▇▇/rules/?id=5200.1100. The Contractor and Subcontractor shall furnish to the ordering entity all payrolls, videosof all workers on the project, via email as attachments, to the email address provided on the purchase order. If an email address is not included on the purchase order, contact the ordering entity to obtain the appropriate email address. The Contractor and Subcontractor must submit the State of Minnesota Prevailing Wage Payroll Report and Statement of Compliance Form within fourteen (14) days after the end of each pay period. The forms are available on the Office of State Procurement (OSP) website at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇/mn02000.htm. No other payroll forms will be accepted to meet this requirement. The Contractor and Subcontractor must compete the Prevailing Wage Payroll Report in Microsoft Excel, and webinarsthe Statement of Compliance in an Adobe PDF format. The subject line of the email must provide the company name, contract/purchase order number, and pay period ending dates. The Department of Labor and Industry has a web page with Frequently Asked Questions about prevailing wages at ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/business/employment-practices/prevailing-wage-information For questions regarding the Prevailing Wage Laws, contact the Department of Labor and Industry at 651.284.5091. Federal ▇▇▇▇▇-▇▇▇▇▇ Prevailing Wage. [Option #1]Federally funded or partial federally funded projects are subject to the ▇▇▇▇▇-▇▇▇▇▇ Act which requires that all contractors and all tier of subcontractors performing on federally funded projects (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract’s ▇▇▇▇▇-▇▇▇▇▇ wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area. If a project is federally funded and ▇▇▇▇▇-▇▇▇▇▇ prevailing wages are required, the ordering entity shall notify the contractor of this requirement upon a request for quotation. The ordering entity must download the ▇▇▇▇▇-▇▇▇▇▇ wage determination for the county in which the project will take place. See Federal Wage Determinations ▇▇▇▇▇.▇▇▇ at ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/dba.aspx. If State and federal funds are being used to fund a project both State and federal prevailing wage requirements and wage rates must be included on the order. If the ▇▇▇▇▇-▇▇▇▇▇ hourly rate classification is higher than the State’s prevailing wage classification contractors may adjust their labor rate per classification. [Option #2] Federally funded or partial federally funded projects are subject to the ▇▇▇▇▇-▇▇▇▇▇ Act which requires that all contractors and all tier of subcontractors performing on federally funded projects (and contractors or subcontractors performing on federally assisted contracts under the related Acts) in excess of $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits listed in the contract’s ▇▇▇▇▇-▇▇▇▇▇ wage determination for corresponding classes of laborers and mechanics employed on similar projects in the area. Form WH-347 has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/agencies/whd/forms/wh347. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), among others. As upgrades are made as to payrolls submitted in connection with contracts subject to the software▇▇▇▇▇-▇▇▇▇▇ and related Acts. The Contractor and Subcontractor shall furnish to the ordering entity all payrolls, productsof all workers on the project, via email as attachments, to the email address provided on the purchase order. If an email address is not included on the purchase order, contact the ordering entity to obtain the appropriate email address. CPV Requirements. CPV members are responsible to confirm if they are subject to rules, regulations, or subscriptions available through this Contractordinances which establish the prevailing wage rate as defined in Minn. Stat. § 177.42. [Delete these pw instructions below if your contract will not be open to MnDOT) How to Provide Information for the Minnesota Department of Transportation (MnDOT). After receiving orders from MnDOT, Contractors are required to provide payroll information in the time frame specified by Statute and in the method specified by MnDOT below. To meet Minn. Stat. § 177.43 requirements, the Contractor agrees and Subcontractor(s) shall submit payroll forms according to develop functionality which supports accessibilityMnDOT (Office of Construction, Transportation Building, Mail Stop 650, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Blvd., St. ▇▇▇▇, MN 55155-1899) requirements. All Contractors shall submit a payroll statement to the Department of Transportation, Minn. Stat. § 177.44, Subd. 7. The statement shall be submitted based on the Contractor’s payment schedule. If a Contractor pays its employees biweekly, a payroll statement shall be submitted biweekly (MnDOT Contract Administration Manual, Section .320). All Contractors shall pay its employees at least once every 15 days on a date designated in advance by the employer (Minn. Stat. § 181.10). Each Statement submitted shall include all employees that performed work under the contract and provide at a minimum the following information (Minn. Rules 5200.1106, Subpart 10 and Minn. Stat. § 177.30): Contractor’s name, address, and telephone number. State project number. Payroll report number. Project location. Workweek ending date. Name, social security number, and home address for each employee. Labor classification(s) and/or three-digit code for each employee. Hourly straight time and overtime wage rates paid to each employee. Daily and weekly hours worked in each labor classification, including overtime hours for each employee. Authorized legal deductions for each employee. Project gross amount, weekly gross amount and net wages. Payroll records may be submitted in any issues arise due form provided it includes all the information contained in Subpart A (1-11) of this section. However, Contractors needing a payroll form may utilize the “front side” of the U.S. Department of Labor’s, WH-347 Payroll Form. This form is available by visiting the Labor Compliance website (▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/▇▇▇▇▇/▇▇▇▇▇). All payroll records must be accompanied with a completed and signed MnDOT 21658 – Statement of Compliance Form (Minn. Rules 5200.1106, Subpart 10). The prime contractor is responsible for assuring that its payroll records and those of all subcontractors include all employees that performed work under this contract and accurately reflect the hours worked, regular and overtime rates of pay and classification of work performed (Minn. Stat. § 177.30(1)(2)(3)(4)). The prime contractor is responsible to nonconformance with maintain all certified payroll records, including those of all subcontractors, throughout the above-mentioned accessibility Standardscourse of a construction project and retain all records for a period of three years after the final contract voucher has been issued (Minn. Stat. § 177.30(4)). At the end of each pay period, each contractor shall provide every employee, in writing an accurate, detailed earnings statement (Minn. Stat. § 181.032). Upon request from the Minnesota Department of Labor and Industry (MN/DLI) or the Department of Transportation, the Contractor agrees prime contractor shall promptly furnish copies of payroll records for its workers and those of all subcontractors, along with records, deemed appropriate by the requesting agency to provide alternative solutions upon request at no additional charge to determine compliance with these contract provisions (Minn. Stat. § 177.44, subd. 7 and Minn. Rules 5200.1106, Subpart 10). At the State. When updates or upgrades are made to the products or services available through this ContractDepartment of Transportation’s discretion, the Contractor agrees project engineer may administer the submission of payroll records according to document how the changes will impact or improve the productMnDOT’s or service’s accessibility and usabilityPayroll Maintenance Program. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient The guidelines for the state to review implementation and administration of this program are outlined in the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnifyMnDOT Contract Administration Manual, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.Section A

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to DocuSign Envelope ID: 62B80F6D-84BD-4E43-A453-7A956D12B824 develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to the products or services available through this Contract, the Contractor agrees to document how the changes will impact or improve the product’s or service’s accessibility and usability. This documentation, upon request, must be provided to the Lead State in advance of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standards. If agreed-upon updates fail to improve the product or service’s accessibility or usability as planned, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor in default.

Pursuant to Minn. Stat. § 16C.145, the Contractor shall comply with the following nonvisual technology access standards: That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. Contractor acknowledges and is fully aware that the Lead State (Executive branch state agencies) has developed IT Accessibility Standard effective September 1, 2010. The standard entails, in part, the Web Content Accessibility Guidelines (WCAG) and Section 508 which can be viewed at: ▇▇▇▇▇://▇▇.▇▇▇/mnit/government/policies/accessibility/. The Standards apply to web sites, software applications, electronic reports and output documentation, training delivered in electronic formats (including, but not limited to, documents, videos, and webinars), among others. As upgrades are made to the software, products, or subscriptions available through this Contract, the Contractor agrees to develop functionality which supports accessibility. If any issues arise due to nonconformance with the above-mentioned accessibility Standards, the Contractor agrees to provide alternative solutions upon request at no additional charge to the State. When updates or upgrades are made to Accessibility Conformance Reports (ACRs formerly known as VPATs) will be publicly available for the products or services available through this ContractContractor’s offerings. The reports should record the accessibility of an offering in the manner recommended by the Information Technology Industry Council (ITI). It includes the following standards: US Section 508 of the Rehabilitation Act, the European standards as defined by EN 301 549, and WCAG. For each offering created and maintained by the Contractor, Contractor agrees to document how will make a publicly available ACR upon General Availability of the changes offering. The ACR will impact or improve record that offering’s current accessibility status. If a new version of an offering addresses creates any modification in the product’s or serviceoffering’s accessibility status, a new ACR will be created and usabilitylinked to that new offering version. This documentation, upon request, must Details around what has changed between versions will be provided available in the public change logs of an offering. Up to the Lead State in advance two previous versions of the change, occurring within an agreed upon timeframe sufficient for the state to review the changes and either approve them or request a remediation plan from the Contractor. Contractor warrants that its Products comply with the above-mentioned accessibility Standards and agrees to indemnify, defend, and hold harmless the Lead State against any claims related to non-compliance of Contractor’s Product with the above-mentioned accessibility Standardsoffering will be supported. If agreed-upon updates fail to improve the product or serviceitems around an offering’s accessibility are found to be intentionally misrepresented in the ACR or usability as plannedthe Contractor fails to provide alternative solutions upon request for offerings it creates and maintains, the failure to comply with this requirement may be cause for contract cancellation or for the Lead State to consider the Contractor contract in default. Contractor agrees to provide information upon request regarding adherence to the Conflict Minerals section of the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act (Section 1502). See: ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/111/bills/hr4173/111hr4173enr.pdf#page=838, ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/news/press/2012/2012- 163.htm