08.01 Master Joint Powers Agreement

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SWIFT Contract#134629 MN018061A 6 Liability Each pariy 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. T'he 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 pra.ctices 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. § I 6.551,the Sta.te Auditor may examine the books,records, documents,and accounting procedures and practices of II BCA.The examination shall be limited to the books,records,documents,and accounting procedures and practices �I that are relevant to this Agreement. �I 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 da,ta.. 7.3 If Agency accesses federal databases,the Agency's records a.re subject to exarnination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilita.te the audits required by state and federal law,Agency is required to have an inventory of the equipment used to access the da.ta covered by this Agreement and the physical location of each. S 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 refened 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 refened 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. Sta.t. § 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 sta.te 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 and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Ageement. When BCA becomes aware that a violation may have occuned,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.None of these provisions alter the Agency's internal discipline processes, including those governed by a 4