Res 2011- 52 Jt Powers Agr with MN BCACity of Mendota Heights
Dakota County, Minnesota
RESOLUTION 2011-52
RESOLUTION APPROVING A STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE CITY OF MENDOTA HEIGHTS ON BEHALF OF ITS CITY
ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Mendota Heights on behalf of its Prosecuting Attorney and
Police Department desires to enter into Joint Powers Agreements with the State of
Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use
systems and tools available over the State's criminal justice data communications
network for which the City is eligible. The Joint Powers Agreements further provide the
City the ability to add, modify and delete connectivity, systems and tools over the five
year life of the agreement and obligates the City to pay the costs for the network
connection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Mendota Heights,
Minnesota as follows:
1. That the State of Minnesota Joint Powers Agreements by and between the
State of Minnesota acting through its Department of Public Safety, Bureau of
Criminal Apprehension and the City of Mendota Heights on behalf of its
Prosecuting Attorney and Police Department, are hereby approved. Copies of
the two Joint Powers Agreements are attached to this Resolution and made a
part of it.
2. That the Chief of Police, Michael Aschenbrener or his or her successor, is
designated the Authorized Representative for the Police Department. The
Authorized Representative is also authorized to sign any subsequent amendment
or agreement that may be required by the State of Minnesota to maintain the
City's connection to the systems and tools offered by the State.
To assist the Authorized Representative with the administration of the
agreement, City Administrator is appointed as the Authorized Representative's
designee.
3. That the law firm of Grannis and Hauge, William Bernard esq., or his or her
successor, is designated the Authorized Representative for the Prosecuting
Attorney. The Authorized Representative is also authorized to sign any
subsequent amendment or agreement that may be required by the State of
Minnesota to maintain the City's connection to the systems and tools offered by
the State.
1
To assist the Authorized Representative with the administration of the
agreement, prosecuting attorney, is appointed as the Authorized
Representative's designee.
4. That Sandra Krebsach, the Mayor for the City of Mendota Heights, and Sandie
Thone, the City Clerk, are authorized to sign the State of Minnesota Joint Powers
Agreements.
Adopted by the City Council of the City of Mendota Heights the 5th day of July, 2011.
F-11 11111 *3
I ( i 1
rng IM 174tc
CITY COUNCIL
2
SWIFT Contract # 47089
MN019041A
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ( "BCA ") and the City of Mendota Heights on behalf of its Prosecuting Attorney ( "Agency ").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice
data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains ,
repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties.
Agency wants to access these data in support of its criminal justice duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
Term of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
2 Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use. BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA will provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
SWIFT Contract # 47089
NIN019041A
2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
www.dps.state.mn.us/cidn/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at https://sps.x.state.mn.us/ sites /bcaservicecatalog /default.aspx.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA.
2.10 Requirement to update information. The parties agree that if there is a change to any of the information
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk(a),state.mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's
transaction record meets FBI -CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to
occur.
SWIFT Contract # 47089
MN019041A
If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The
transaction record must include the individual user who requested access, and the date, time and content of the
request. The transaction record must also include the date, time and content of the response along with the destination
to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date
the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
.Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
of the Court Records delivered through the BCA systems and tools.
3 Payment
The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46.
No charges will be assessed to the agency as a condition of this agreement.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
4 Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her
successor.
The Agency's Authorized Representative is William Bernard, City Attorney, 1260 Yankee Doodle Road, #200,
Eagan, MN 55121, 651- 797 -7416, or his/her successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by. the same parties who signed and
approved the original agreement, or their successors in office.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
Ch. 466, governs the Agency's liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
SWIFT Contract # 47089
NIN019041A
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
8 Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes
aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to. any
restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay.
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
SWIFT Contract # 47089
NIN019041A
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative.
11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
(THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
SWIFT Contract # 47089
NIN019041A
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION
by Minn. Slat. §§ 16A.15 and 16C.05.
Name:
Name:
(PRINTED)
Signed:
Signed:
Date:
CFMS Contract No. A-
2. AGU"rnv
Name:
Signed;
Title:
(with delegated authority)
Date:
Title: Z wlr'1%74 .
(with delegated au/tthorsn)
Date:` l r I d3
Name: %.-
(PRINTED)
Signed: /� z
Title: �^ 1 / % ,�,4i � �Ct
(with delegated authority)
Date: 4:K"16 1102.
Name: L V-Y`I (�'� -Ir h
Signed:
Title: Li
y -3
(PRINTED)
COMMISSIONER OF ADMINISTRATION
-gated to Materials Management Division
.)ate:
W-- r goo
r
This Court Data Services Subscriber Amendment ( "Subscriber Amendment ") is entered into by
the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, ( "BCA ") and City of Mendota Heights on behalf of its Prosecuting Attorney
( "Agency"), and by and for the benefit of the State of Minnesota acting through its State Court
Administrator's Office ( "Court") who shall be entitled to enforce any provisions hereof through
any legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 47089, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as "the CJDN Subscriber Agreement "). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the
Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or
more BCA systems and tools to access and/or submit Court Records to assist the Agency in the
efficient performance of its duties as required or authorized by law or court rule. Court desires to
permit such access and/or submission. This Subscriber Amendment is intended to add Court as a
party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court
that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers
Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization
Agreement ") between the Court and the BCA, the BCA is authorized to sign this Subscriber
Amendment on behalf of Court. Upon execution the Subscriber Amendment will be
incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the
Court desire to amend the CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in
effect until expiration or termination of the CJDN Subscriber Agreement unless terminated
earlier as provided in this Amendment. Any party may terminate this Amendment with or
without cause by giving written notice to all other parties. The effective date of the termination
shall be thirty days after the other party's receipt of the notice of termination, unless a later date
is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24
shall survive any termination of this Amendment as shall any other provisions which by their
nature are intended or expected to survive such termination. Upon termination, the Subscriber
shall perform the responsibilities set forth in paragraph 7(f) hereof.
2. Definitions. Unless otherwise specifically defined, each term used herein shall
have the meaning assigned to such term in the CJDN Subscriber Agreement.
0
a. "Authorized Court Data Services" means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers ("Master Authorization Agreement") between the Court
and the BCA.
b. "Court Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which
the current address is www.courts.state.=.us) or other location designated by the Court,
as the same may be amended from time to time by the Court.
C. "Court Records" means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
"Court Case Information" means any information in the Court
Records that conveys information about a particular case or
controversy, including without limitation Court Confidential Case
Information, as defined herein.
ii. "Court Confidential Case. Information" means any information in
the Court Records that is inaccessible to the public pursuant to the
Rules of Public Access and that conveys information about a particular
case or controversy.
iii. "Court Confidential Security and Activation Information" means
any information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that explains how to use or
gain access to Court Data Services, including but not limited to login
account names, passwords, TCP/IP addresses, Court Data Services
user manuals, Court Data Services Programs, Court Data Services
Databases, and other technical information.
iv. "Court Confidential Information" means any information in the
Court Records that is inaccessible to the public pursuant to the Rules
of Public Access, including without limitation both i) Court
Confidential Case Information; and ii) Court Confidential Security
and Activation Information.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
e. "Policies & Notices" means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to time by the Court.
Policies & Notices for each Authorized Court Data Service identified in an approved
request form under section 3, below, are hereby made part of this Subscriber Amendment
by this reference and provide additional terms and conditions that govern Subscriber's
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
f. "Rules of Public Access" means the Rules of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended form time to time, including without limitation lists or tables published from
time to time by the Court entitled Limits on Public Access to Case Records or Limits on
Public Access to Administrative Records, all of which by this reference are made a part of
this Subscriber Amendment. It is the obligation of Subscriber to check from time to time
for updated rules, lists, and tables and be familiar with the contents thereof. It is
contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial
Branch website, for which the current address is www.courts.state.nm.us.
Office.
9. "Court" shall mean the State of Minnesota, State Court Administrator's
h. "Subscriber" shall mean the Agency.
i. "Subscriber Records" means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber
Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Amendment by all parties, Subscriber may submit to the BCA one or more
separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court
and all such requests approved by the BCA are adopted and incorporated herein by this reference
the same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of
the BCA and/or the Court.
C. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data
Services previously requested by submitting a notice to Court with a copy to the BCA.
Promptly upon receipt of a request for termination of a Authorized Court Data Service,
the BCA will deactivate the service requested. The termination of one or more
Authorized Court Data Services does not terminate this Subscriber Amendment.
Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon
termination of Authorized Court Data Services, the Subscriber shall perform the
responsibilities set forth in paragraph 7(f) hereof.
4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's
access, to and/or submission of the Court Records shall be limited to Authorized Court Data
Services identified in an approved request form under section 3, above, and other Court Records
necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services
shall only be used according to the instructions provided in corresponding Policies & Notices or
3
other materials and only as necessary to assist Subscriber in the efficient performance of
Subscriber's duties required or authorized by law or court rule in connection with any civil,
criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or
before any self-regulatory body. Subscriber's access to the Court Records for personal or non-
official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data
Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other
Authorized Court Data Services documentation, and upon any such unauthorized use or
attempted use the Court may immediately terminate this Subscriber Amendment without prior
notice to Subscriber.
5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees:
a. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber's duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by instruction, agreement, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber's obligations under this Subscriber Amendment.
C. To limit the use of and access to Court Confidential Information to
Subscriber's bona fide personnel whose use or access is necessary to effect the purposes
of this Subscriber Amendment, and to advise each individual who is permitted use of
and/or access to any Court Confidential Information of the restrictions upon disclosure
and use contained in this Subscriber Amendment, requiring each individual who is
permitted use of and/or access to Court Confidential Information to acknowledge in
writing that the individual has read and understands such restrictions. Subscriber shall
keep such acknowledgements on file for one year following termination of the Subscriber
Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgements upon request. For
purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean
individuals who are employees of Subscriber or provide services to Subscriber either on a
voluntary basis or as independent contractors with Subscriber.
d. That, without limiting section 1 of this Agreement, the obligations of
Subscriber and its bona fide personnel with respect to the confidentiality and security of
Court Confidential Information shall survive the termination of this Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their
relationship with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this
Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services
Programs and Court D ' ata Services Databases to access or receive the Authorized -Court Data
Services identified in an approved request form under section 3, above, and related Court
Records. Court reserves the right to make modifications to the Authorized Court Data Services,
Court Data Services Programs, and Court Data Services Databases, and related materials without
notice to Subscriber. These modifications shall be treated in all respects as their previous
counterparts.
a. Court Data Services Programs. Court is the copyright owner and
licensor of the Court Data Services Programs. The combination of ideas, procedures,
processes, systems, logic, coherence and methods of operation embodied within the Court
Data Services Programs, and all information contained in documentation pertaining to the
Court Data Services Programs, including but not limited to manuals, user documentation,
and passwords, are trade secret information of Court and its licensors.
b. Court Data Services Databases. Court is the copyright owner and
licensor of the Court Data Services Databases and of all copyrightable aspects and
components thereof. All specifications and information pertaining to the Court Data
Services Databases and their structure, sequence and organization, including without
limitation data schemas such as the Court XMI, Schema, are trade secret information of
Court and its licensors.
C. Marks. Subscriber shall neither have nor claim any right, title, or interest
in or use of any trademark used in connection with Authorized Court Data Services,
including but not limited to the marks "NINCIS" and "Odyssey."
d. Restrictions on Duplication, Disclosure, and Use. Trade secret
information of Court and its licensors will be treated by Subscriber in the same manner as
Court Confidential Information. In addition, Subscriber will not copy any part of the
Court Data Services Programs or Court Data Services Databases, or reverse engineer or
otherwise attempt to discern the source code of the Court Data Services Programs or
Court Data Services Databases, or use any trademark of Court or its licensors, in any way
or for any purpose not specifically and expressly authorized by this Subscriber
Amendment. As used herein, "trade secret information of Court and its licensors" means
any information possessed by Court which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use. "Trade secret
information of Court and its licensors" does not, however, include information which was
known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly,
from Court or its licensors, information which is independently developed by Subscriber
without reference to or use of information received from Court or its licensors, or
information which would not qualify as a trade secret under M-ftmesota law. It will not be
a violation of this section 7, sub-section d, for Subscriber to make up to one copy of
training materials and configuration docurnentation\ if any, for each individual authorized
to access, use, or configure Authorized Court Data Services, solely for its own use in
connection with this Subscriber Amendment. Subscriber will take all steps reasonably
necessary to protect the copyright, trade secret, and trademark rights of Court and its
licensors and Subscriber will advise its bona fide personnel who are permitted access to
any of the Court Data Services Programs and Court Data Services Databases, and trade
secret information of Court and its licensors, of the restrictions upon duplication,
disclosure and use contained in this Subscriber Amendment.
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if
any, and Subscriber will include in and/or on any copy of the Court Data Services
Programs or Court Data Services Databases, or trade secret information of Court and its
licensors and any documents pertaining thereto, the same copyright and other proprietary
notices as appear on the copies made available to Subscriber by Court directly or through
the BCA, except that copyright notices shall be updated and other proprietary notices
added as may be appropriate.
L Title; Return. The Court Data Services Programs and Court Data
Services Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, if any,
made available by the Court to Subscriber directly or through the BCA and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
ten days of a request for termination of Authorized Court Data Service as described in
section 4, Subscriber shall either: (i) uninstaH and return any and all copies of the
applicable Court Data Services Programs and Court Data Services Databases, and related
documentation, including but not limited to training and configuration materials, if any,
and logon account information, if any; or (2) destroy the same and certify in writing to
the Court that the same have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would
not have an adequate remedy at law in the event of an actual or threatened violation by
Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and
DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary
damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the
extent authorized by law and shall not be responsible for the acts of any others and the results
thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability
of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau
of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,
Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if
2
Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or
other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the
BCA is governed by a separate agreement between the Court and the BCA dated December 13,
2010 with DPS-M -0958.
10. AVAILABILITY. Specific terms of availability shall be established by the
Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the
right to terminate this - Subscriber Amendment immediately and/or temporarily suspend
Subscriber's Authorized Court Data Services in the event the capacity of any host computer
system or legislative appropriation of funds is determined solely by the Court to be insufficient
to meet the computer needs of the courts served by the host computer system.
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere
in this Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to
and use of Authorized Court Data Services and Court Records by Subscriber's bona fide
personnel or by means of Subscriber's equipment or passwords, whether or not
Subscriber has knowledge of or authorizes such access and use. Subscriber shall also
maintain a log identifying all persons to whom Subscriber has disclosed its Court
Confidential Security and Activation Information, such as user ID(s) and password(s),
including the date of such disclosure. Subscriber shall maintain such logs for a minimum
period of six years from the date of disclosure, and shall provide the Court with access to,
and copies of, such logs upon request. The Court may conduct audits of Subscriber's
logs and use of Authorized Court Data Services and Court Records from time to time.
Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly
provide access by the Court to such logs, the Court may terminate this Subscriber
Amendment without prior notice to Subscriber.
C. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential
Information, or trade secret information of the Court and its licensors where such persons
are alleged to have violated the provisions of this Subscriber Amendment, Policies &
Notices, Judicial Branch policies, or other security requirements or laws regulating access
to the Court Records.
IN
d. Minnesota Data Practices Act Applicability. If Subscriber is a
Minnesota Government entity that is subject to the Minnesota Government Data Practices
Act, Minn. Stat. Ch. 13, Subscriber acknowledges, and agrees that: (1) the Court is not
subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat.
section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public
Access and other rules promulgated by the Minnesota Supreme Court for access to Court
Records provided via the BCA systems and tools under this Amendment; (3) the use of
and access to Court Records may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law; and (4) these applicable
restrictions must be followed in the appropriate circumstances.
13. FEES; INVOICES. Unless the Subscriber is an office, officer, department,
division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set
forth in applicable Policies & Notices, together with applicable sales, use or other taxes.
Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant
to section 3 of this Amendment or upon the initial Subscriber transaction as defined in the
Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice
Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,
if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not
paid within 30 days of the date of the invoice, the Court may immediately cancel this
Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber
certifies that funds have been appropriated for the payment of charges under this Amendment for
the current fiscal year, if applicable.
14. MODIFICATION OF FEES. Court may modify the fees by amending the
Policies & Notices as provided herein, and the modified fees shall be effective on the date
specified in the Policies & Notices, which shall not be less than thirty days from the publication
of the Policies & Notices. Subscriber shall have the option of accepting such changes or
terminating this Amendment as provided in section I hereof.
VJ&4JUVJ,1A1J1
_67WAXC 1 11
,4gJ;JkVJJ
b. ACCURACY AND COMPLETENESS OF INFORMATION.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH,
COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
A
16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor
and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the
Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA
shall have the right nor the authority to assume, create or incur any liability or obligation of any
kind, express or implied, against,or in the name of or on behalf of the other.
17. NOTICE. Except as provided in section 2 regarding notices of or modifications
to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
hereunder shall be deemed to have been received when personally delivered in writing or
seventy-two (72) hours after it has been deposited in the United States mail, first class, proper
postage prepaid, addressed to the party to whom it is intended at the address set forth on page
one of this Agreement or at such other address of which notice has been given in accordance
herewith.
18. NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or
in equity, or to exercise any option herein provided, shall not constitute a waiver of such
provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The
waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply
solely to the instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for
failure or delay in the performance of their respective obligations hereunder caused by acts
beyond their reasonable control.
20. SEVERABIELITY. Every provision of this subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber
Amendment, and all other provisions shall remain in fall force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns, including any other legal entity
into, by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota.
23. VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will be venued in a state or
federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
0
of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Subscriber Amendment in duplicate, intending to be bound thereby.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. § § 16A.15 and 16C.05.
Name:
(PRINTED)
Signed:
Date:
SWIFT Contract No.
2. SUBSCRIBER (AGENCY)
Subscriber must attach written verification of
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution.
Name: bAA
(P TED)
Signed:
Title:
(with delegated authority)
Date: '611-711a
Name: LZ V- V-
Signed:
' S R.1
Title: O_A C .
3 -30 - DLO (a-
3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name:
H22M
Signed:
Title:
(with delegated authority)
Date:
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
L*-A
Date:
5. COURTS
Authority granted to Bureau of Criminal Apprehension
Name:
(PRINTED)
Signed:
Title:
(with authorized authority)
Date:
10