08.01 Master Joint Powers Agreement

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SWIFT Contract#134629 MNO 18061 A keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses da.ta from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data,Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. 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 da.te,time and content of the response along with the destination to which the data.were sent. The transaction record must be mainta.ined 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. I 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. 2.13 Vendor personnel screening.The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will mainta.in records of the federal,fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency understands there is a cost for access to the criminal justice data communications network described in Minn. Stat. § 299C.46.At the time this Agreement is signed,BCA understands that a third party will be responsible for the cost of access. Agency will identify the third party and provide the BCA with the contact information and its conta.ct person for billing purposes so that billing can be established. The Agency will provide updated information to BCA's Authorized Representative within ten business days when this information changes. 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 T'he 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 Chief Eric Klang,4638 Main Street,Pequot Lakes,MN 56472, (218)568-8111,or hislher successor. 5 Assignment,Amendments,Waiver,and Contract Complete 5.1 Assignmen� 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,their successors in office,or another individual duly authorized. 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 conta.ins 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. 3