08.01 Master Joint Powers Agreement

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SWIFT Contract#134629 MN018061 A i collective bargaining agreement. 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 I the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different I determination concerning an Individual User's access to systems or tools than that made by Agency and BCA's I determination controls. I 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. 9.3 Sanctions Involving Only Court Data Services ' T'he 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 occuned. The decision to suspend or terminate may also be made based on a request from the Authorized Representa.tive of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 93.1 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 reinsta.tement 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 Termihation. The BCA or the Agency may terminate this Agreement at any time,with or without cause,upon 30 days' written notice to the other pariy's Authorized Representa.tive. 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obta.in 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 Ageement: 6.Liability; 7.Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and lO.Venue. 5