|
SWIFT Contract#57154
<br /> MN018061A
<br /> If Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of
<br /> Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction
<br /> record must include the individual user who requested access, and the date,time and content of the request. The
<br /> transaction record must also include the date,time and content of the response along with the destination to which the
<br /> data were sent. The transaction record must be maintained for a minimum of six(6)years from the date the
<br /> transaction occurred and must be made available to the BCA within one(1)business day of the BCA's request.
<br /> 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
<br /> Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
<br /> Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and
<br /> tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
<br /> Subscriber Amendment provides important additional terms, including but not limited to privacy(see Clause 8.2,
<br /> below), fees(see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
<br /> of the Court Records delivered through the BCA systems and tools.
<br /> 3 Payment
<br /> The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46.
<br /> No charges will be assessed to the agency as a condition of this agreement.
<br /> If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
<br /> access and/or submit Court Records via BCA's systems, additional fees,if any, are addressed in that amendment.
<br /> 4 Authorized Representatives
<br /> The BCA's Authorized Representative is Dana Gotz,Department of Public Safety,Bureau of Criminal Apprehension,
<br /> Minnesota Justice Information Services, 1430 Maryland Avenue, St.Paul,MN 55106, 651-793-1007,or her
<br /> successor.
<br /> The Agency's Authorized Representative Eric Klang,Police Chief,4638 County Road 11,Pequot Lakes,MN 56472,
<br /> (218) 568-8111,or his/her successor.
<br /> 5 Assignment,Amendments,Waiver,and Contract Complete
<br /> 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
<br /> 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
<br /> writing and will not be effective until it has been signed and approved by the same parties who signed and
<br /> approved the original agreement, or their successors in office.
<br /> 5.3 Waiver. If either party fails to enforce any provision of this Agreement,that failure does not waive the provision
<br /> or the right to enforce it.
<br /> 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
<br /> No other understanding regarding this Agreement,whether written or oral,may be used to bind either party.
<br /> 6 Liability
<br /> Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
<br /> liable for the other party's actions and consequences of those actions.The Minnesota Torts Claims Act,Minn. Stat. §
<br /> 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act,Minn. Stat.
<br /> Ch.466, governs the Agency's liability.
<br /> 7 Audits
<br /> 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books,records, documents,internal policies and accounting
<br /> procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or
<br /> Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement.Under Minn. Stat. §
<br /> 6.551,the State Auditor may examine the books,records, documents,and accounting procedures and practices of
<br /> BCA.The examination shall be limited to the books,records, documents,and accounting procedures and practices
<br /> that are relevant to this Agreement.
<br /> 3
<br />
|