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HomeMy WebLinkAbout5.D.2. Scott Joint Prosecution Agreements to Allow E-Charging-Res. No. 7093 & 7094 CITY OF SHAKOPEE Ob ()I . POLICE DEPARTMENT Memorandum TO Honorable Mayor and City Council SENT Mark McNeill, City Administrator Kris Wilson, Assistant City Administrator FROM: Teri Scherer, Records Supervisor, assisting Bill Strait of Scott Joint Prosecution Association SUBJECT: Resolution 7093 Master Subscriber Agreement for Minnesota Court Data Services between the Office of the State Court Administration and the City of Shakopee on Behalf of Scott Joint Prosecution Resolution 7094 Minnesota Joint Powers Agreement with the City of Shakopee on behalf of Scott Joint Prosecution DATE: April 14, 2011 INTRODUCTION: Scott Joint Prosecution Association has been working on several agreements and resolutions that impact Scott Joint Prosecution Association. Specifically, Scott County is going to be the 20 Minnesota County to participate in "e- charging." This is a way to file criminal charges electronically. To accomplish this Scott Joint Prosecution Association needs two agreements approved by each member city. First, the MN Bureau of Criminal Apprehension needs a separate Joint Powers Agreement with Scott Joint Prosecution Association and the cities, to allow Scott Joint Prosecution Association personnel to participate in e- charging. They also need a resolution approving the same (Shakopee Resolution #7094). The Joint Powers Agreement was approved by the Scott Joint Prosecution Association Board on April 11, 2011. Second, the state courts need to have a "Master Subscriber Agreement" executed and approved by the Scott Joint Prosecution Association Board and that action to be ratified by resolution by each city (Shakopee Resolution #7093). This agreement was also approved by the Scott Joint Prosecution Association Board April 11, 2011, and signed by the Board Chair, Tom Terry. 1 BACKGROUND: Scott Joint Prosecution Association handles all misdemeanor prosecution for the Shakopee Police Department. Scott Joint Prosecution Association will need access to the new eCharging system being implemented by the State of Minnesota Office of State Court Administration in order to file criminal charges electronically. These resolutions and agreements will allow Scott Joint Prosecution access to this system on behalf of the City of Shakopee. Scott County, on behalf of the County Attorney's Office, has already executed and approved the necessary documents to accomplish e- charging. There will be no budget impact from these agreements. RELATIONSHIP TO VISIONING: This action supports: Goal D - Maintain, improve and create strong partnerships with other public and private sector entities. Strategy 6: Provide high quality services ALTERNATIVES: 1. Adopt Resolution # 7093 Master Subscriber Agreement for Minnesota Court Data Services between the Office of the State Court Administration and the City of Shakopee on Behalf of Scott Joint Prosecution; and Resolution 7094 Minnesota Joint Powers Agreement with the City of Shakopee on behalf of Scott Joint Prosecution 2. Do not adopt Resolution numbers 7093 and 7094. RECOMMENDATION: Alternative #1 Adopt Resolution # 7093 Master Subscriber Agreement for Minnesota Court Data Services between the Office of the State Court Administration and the City of Shakopee on Behalf of Scott Joint Prosecution; and Resolution 7094 Minnesota Joint Powers Agreement with the City of Shakopee on behalf of Scott Joint Prosecution ACTION REQUESTED: The City Council, if they concur, should by motion adopt Resolution # 7093 Master Subscriber Agreement for Minnesota Court Data Services between the Office of the State Court Administration and the City of Shakopee on behalf of Scott Joint Prosecution; and Resolution 7094 Minnesota Joint Powers Agreement with the City of Shakopee on behalf of Scott Joint Prosecution, effective April 19, 2011. 2 RESOLUTION NO. 7093 RESOLUTION APPROVING MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES BETWEEN THE OFFICE OF STATE COURT ADMINISTRATION AND THE CITY OF SHAKOPEE, ON BEHALF OF ITS PROSECUTING CITY ATTORNEY SCOTT JOINT PROSECUTION ASSOCIATION WHEREAS, the City of Shakopee, on behalf of its Prosecuting City Attorney, Scott Joint Prosecution Association, a Joint Powers Municipal Prosecution Board (hereinafter referred to as "SJPA "), desires to authorize the use one or more Court Data Services provided by the Office of State Court Administration to SJPA; and WHEREAS, the City of Shakopee is a member of SJPA, which was created to provide cost - efficient and effective prosecution services for its member cities; and WHEREAS, the City of Shakopee wishes to authorize the SJPA Board to make and enter into agreements on its behalf to accomplish the goals of said entity; and WHEREAS, the Office of State Court Administration Services requires each city which is a member of SJPA to ratify the Master Subscriber Agreement for Minnesota Court Data Services, which Agreement was approved by the SJPA Board on April 11, 2011; NOW, THEREFORE, BE IT RESOLVED by the City Council of Shakopee, Minnesota as follows: 1. That the Master Subscriber Agreement for Minnesota Court Data Services, approved by the Scott Joint Prosecution Association Board on April 11, 2011, by and between it and the Office of State Court Administration, is hereby approved. A copy of the Master Subscriber Agreement is attached to this Resolution and made a part of it. 2. That the Chair of the Scott Joint Prosecution Association Board, Thomas Terry, or his or her successor, is authorized to sign any subsequent amendment or agreement that may be required by the Office of State Court Administration to effectuate, maintain, and /or continue Court Data Services provided by that Office. Passed and Adopted by the Council on this 19th day of April, 2011. CITY OF SHAKOPEE By: [John J. Schmitt] Its Mayor ATTEST: By: [Judith S. Cox] Its City Clerk MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES THIS AGREEMENT is entered into by and between Scott Joint Prosecution Association, Prosecuting Attorneys for the Cities of Belle Plaine, Elko New Market, Jordan, New Prague, Prior Lake, Savage & Shakopee (Subscriber Name / Name of Entity) of 200 Fourth Avenue West, Shakopee, MN 55379 (Subscriber Address) (hereinafter "Subscriber ") and THE STATE OF MINNESOTA Office of State Court Administration (Judicial District OR Office of State Court Administration) of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 (Address) (hereinafter "the Court "). Recitals Subscriber desires to use one or more Court Data Services to assist Subscriber in the efficient performance of its duties as required or authorized by law or court rule. The Court desires to provide Court Data Services to Subscriber to assist the Court in the efficient performance of its duties as required or authorized by law or court rule. Court Data Services are defined in the Definitions Section of this Agreement and may involve a one -way or two -way transmission of information between the parties, some of which may include court information that is not accessible to the public and which may not be disclosed by Subscriber without the prior approval of the appropriate court or record custodian. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the Court and Subscriber agree as follows: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Agreement shall be effective on the date executed by the Court and shall remain in effect according to its terms. Either party may terminate this Agreement with or without cause by giving written notice to the other party. 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 Agreement 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. This Agreement may be superseded by a subsequent agreement between the parties. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481g) Page 1 of 12 2. DEFINITONS. a. "Court Data Services" means one or more of the following services and includes any additional or modified services identified as such on the Justice Agency Resource webpage of the Minnesota Judicial Branch website or other location designated by the Court and /or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates: i. `Bulk Data Delivery" which means the electronic transmission of Court Records in bulk form from the Court to the Subscriber, from one or more of the Court's databases and through any means of transmission, as described in applicable Request Forms, Policies & Notices, and materials referenced therein. ii. "Integration Services" which means a pre- defined automated transmissions of i) Court Records from the Court's computer systems to Subscriber's computer systems; and/or ii) Subscriber Records from the Subscriber's computer systems to the Court's computer systems; on a periodic basis or as triggered by pre - determined events, as described in applicable Request Forms, Policies & Notices, and materials referenced therein. iii. "MNCIS Login Accounts" which means a digital login account created for and provided to the Subscriber for online access to and use of Court Records, through the Minnesota Court Information System (MNCIS), as described in applicable Request Forms, Policies & Notices, and materials referenced therein. iv. "ViBES Login Accounts" which means a digital login account created for and provided to the Subscriber for online access to and use of Court Records, through the Violations Bureau Electronic System • (ViBES), as described in applicable Request Forms, Policies & Notices, and materials referenced therein. b. "Court Data Services Databases" means any databases, and the data therein, used as a source for Court Data Services, together with any documentation related thereto, including without limitation descriptions of the format or contents of data, data schemas, and all related components. c. "Court Data Services Programs" means any computer application programs, routines, transport mechanisms, and display screens used in connection with Court Data Services, together with any documentation related thereto. d. "Court Records" means all information in any form made available by the Court and/or its affiliates to Subscriber for the purposes of carrying out this Agreement, including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 2 of 12 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. e. "DCA" means the District Court Administrator pursuant to Minnesota Statutes, section 485.01. f. "Policies & Notices" means the policies and notices published by the Court and /or its affiliates in connection with each of its Court Data Services, on a website or other location designated by the Court and /or its affiliates, as the same may be amended from time to time by the Court and/or its affiliates. Policies & Notices for each Court Data Service, hereby made part of this Agreement by reference, provide additional terms and conditions that govern Subscriber's use of such services, including but not limited to provisions on fees, access and use limitations, and identification of various third party applications such as transport mechanisms that Subscriber may need to procure separately to use Court Data Services. g. "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 and/or the SCAO 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 Agreement. 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 main website for the Court, for which the current address is www.courts.state.mn.us. h. "Request Form" means the form or forms as substantially set forth as Exhibit A, which is attached to and made a part of this Agreement, describing one or more specific requests for Court Data Services offered by the Court and corresponding Records to be transmitted or exchanged under such offering, as the same may be amended from time to time by the Court. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 3 of 12 i. "SCAO" shall mean the State of Minnesota, State Court Administrator's Office. j. "Subscriber Records" means any information in any form made available by the Subscriber to the Court and /or its affiliates for the purposes of carrying out this Agreement. k. "This Agreement" means this Master Subscriber Agreement for Minnesota Court Data Services including all Exhibits, Request Forms, Policies & Notices, and other documents referenced, attached to, or submitted or issued hereunder. 1. "trade secret information of SCAO and its licensors" is defined in sections 7a., 7.b., and 7.d. of this Agreement. 3. REQUESTS FOR DATA ACCESS SERVICES. Following execution of this Agreement by both parties, Subscriber may submit to the Court one or more separate requests for Court Data Services on the Request Forms provided by the Court, each Labeled as Exhibit A. One Request Form is required for each Court Data Service account requested. Each submitted Request Form must include sufficient detail to describe the Court Data Service being requested, including the desired Court Case Information, as directed on the Request Form. Request Forms approved by the Court are adopted and incorporated herein by this reference the same as if set forth verbatim herein. It is understood that Request Forms may be submitted on behalf of Subscriber by any Subscriber business unit personnel, and Subscriber hereby authorizes such personnel to perform this function. It is also understood that Request Forms may be approved on behalf of the Court by state court administration personnel or judicial district personnel (for Request Forms delegated to DCA for review) and the Court hereby authorizes such personnel to perform this function. a. Preliminary Review / Merit. Upon receipt of a completed Request Form from Subscriber, the Court shall review the Court Data Service requested and the stated business reasons and thereafter shall determine whether the request has merit. b. Legal Authority. After preliminary review and satisfaction that a request has merit, the Court will consider whether legal authority exists for the Court Data Service requested. For example, court rule, court order, or state or federal law may provide legal authority for the requested Court Data Service. If none exists, the Court may, in its discretion, present a draft court order to a judge or court with appropriate jurisdiction. It shall be the decision of that judge or court as to whether legal authorization is granted. c. Approval. After preliminary review and satisfaction that a request has merit, and after a determination that legal authority exists to provide the Court Data Service requested, the Court shall approve the Request Form and thereby make it an Exhibit to this Agreement. Activation of the requested Court Data Service shall occur promptly following approval. d. Rejection. Requests may be rejected for any reason, at the discretion of the Court. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 4 of 12 e. Requests for Termination of One or More Court Data Services. The Subscriber may request the termination of Court Data Services previously requested by submitting a Change Request Form. See Change Request Form instructions for details on how to terminate a Court Data Service. Upon receipt of a request for termination of a Court Data Service, the Court will deactivate the service requested. The termination of one or more Court Data Services does not terminate this Agreement. Provisions for termination of this Agreement are set forth in section 1. Upon termination of 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 the Court Records shall be limited to Court Case Information identified in approved Request Forms and other Court Records necessary for Subscriber to use approved Court Data Services. Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or 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 Court Data Services in any manner not set forth in this Agreement, Policies & Notices, or other Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Agreement 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 Agreement. 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 Agreement, 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 Agreement, 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. For purposes of this Agreement, 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 Agreement and the termination of their relationship with Subscriber. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 5 of 12 e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Agreement, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Agreement. 6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER LEGAL MANDATE, PREVIOUSLY DISCLOSED COURT RECORDS, AND PREVIOUSLY SUBMITTED REQUEST FORMS. Subscriber acknowledges and agrees: a. Court Case Information Provided Under Legal Mandate. When the Court is required to provide Subscriber with Court Case Information under a legal mandate and the provision of such data by the Court is not optional or otherwise left to the discretion of the Court, for example in the case of a state statutory reporting requirement, the provisions of this Agreement that govern or restrict Subscriber's access to and use of Court Case Information do not apply to the specific data elements identified in the legal mandate, but remain in effect with respect to all other Court Case Information provided by the Court to Subscriber. All other provisions of this Agreement remain in full effect, including, without limitation, provisions that govern or restrict Subscriber's access to and use of Court Confidential Security and Activation Information. b. Previously Disclosed Court Records. Without limiting section 6.a., all Court Records disclosed to Subscriber prior to the effective date of this Agreement shall be subject to the provisions of this Agreement. c. Previously Submitted Request Forms. All Request Forms submitted by Subscriber and approved by the Court prior to the effective date of this Agreement hereby become subject to and Exhibits of this Agreement with the same effect as if they were submitted and approved following the execution of this Agreement, as described in Section 3. 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Agreement, subject to the terms and conditions hereof, the Court, with the permission of the SCAO, hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Court Records. SCAO and the Court reserve the right to make modifications to the 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. SCAO 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 SCAO and its licensors. b. Court Data Services Databases. SCAO 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 Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 6 of 12 limitation data schemas such as the Court XML Schema, are trade secret information of SCAO 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 Court Data Services, including but not limited to the marks "MNCIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of SCAO 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 SCAO or its licensors, in any way or for any purpose not specifically and expressly authorized by this Agreement. As used herein, "trade secret information of SCAO and its licensors" means any information possessed by SCAO 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 SCAO and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly, from SCAO or its licensors, information which is independently developed by Subscriber without reference to or use of information received from SCAO or its licensors, or information which would not qualify as a trade secret under Minnesota 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 documentation for each individual authorized to access, use, or configure Court Data Services, solely for its own use in connection with this Agreement. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of SCAO 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 SCAO and its licensors, of the restrictions upon duplication, disclosure and use contained in this Agreement. 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 SCAO and its licensors, or any part thereof, made available by SCAO or the Court, 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 SCAO 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 SCAO or the Court, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. 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, made available by the Court and SCAO to Subscriber hereunder, and all copies, including partial copies, thereof are and remain the property of the respective licensor. Within ten days of the effective date of termination of this Agreement or within ten days of a request for termination of a data access service as described in section 3.e., Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 7 of 12 not limited to training and configuration materials, if any, and logon account information; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF; LIABILITY. Subscriber acknowledges that the Court, SCAO, SCAO'S licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Agreement are not specifically enforced and that the Court, SCAO, SCAO'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, SCAO, SCAO'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, SCAO, SCAO'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, SCAO, SCAO'S licensors, and DCA for reasonable attorneys fees incurred by the Court, SCAO, SCAO'S licensors, and DCA in obtaining any relief pursuant to this Agreement. 9. INDEMNIFICATION. 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 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. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The Court reserves the right to terminate this Agreement immediately and /or temporarily suspend Subscriber's approved 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. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 11. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. To effect the purposes of this Agreement, Subscriber shall advise each individual who is permitted to use and/or access Court Records under this Agreement of the requirements and restrictions in this Agreement and shall require each individual to acknowledge in writing that the individual has read and understands such requirements and restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of this Agreement and shall provide the Court with access to, and copies of, such acknowledgements upon request. 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 Agreement. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) • Page 8 of 12 a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Court Data Services on a temporary basis and/or immediately terminating this Agreement. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of 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 period of one year following termination of this Agreement, 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 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 Agreement without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Court Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. 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 Agreement or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the State 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 Agreement without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Agreement for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. SCAO 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 Agreement as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP 0481 g) Page 9 of 12 PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. 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, SCAO, SCAO'S licensors, or DCA. Neither Subscriber nor the Court, SCAO, SCAO'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 Court Data Services, Policies & Notices, and Request Forms, section 3 regarding Request Forms, and in sections 13 and 14 regarding notices of or modification of fees, 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 either party at any time to enforce any of the provisions of this Agreement 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 Agreement. 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 party shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement 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 Agreement, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any corporation or other legal entity into, by or with which Subscriber may be merged, acquired or consolidated or which may purchase the entire assets of Subscriber. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 10 of 12 22. GOVERNING LAW. This Agreement 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 Agreement, 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 Agreement sets forth the entire Agreement and understanding between the Parties regarding the subject matter hereof and supersedes any prior representations, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter. Except as otherwise expressly provided in section 2 regarding Court Data Services, Policies & Notices, and Request Forms, section 3 regarding Request Forms, and in sections 13 and 14 regarding fees, any amendments or modifications to this Agreement shall be in writing signed by both Parties. 25. 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 under this Agreement; (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. Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 11 of 12 IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Agreement in duplicate, intending to be bound thereby. 1. SUBSCRIBER 3. The Court Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. By By (SIGNATURE) (SIGNATURE) Date Date Name (typed) Tom Terry Name (typed) Robert L. Hanson Title Chairman Title Director / CIO Information Technology Division of Office Scott Joint Prosecution Association Office State Court Administration The following signature required when Subscriber is a Minnesota State Agency as defined in M.S. §16C.02 subd. 2: 2. COMMISSIONER OF ADMINISTRATION, STATE OF MINNESOTA delegated to materials Management Division By (SIGNATURE) Date Master Subscriber Agreement — Revised October 26, 2010 (ITD_SP_0481 g) Page 12 of 12 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ► ®► ► • ► ► P ► ► ► • GOVERNMENT Court Data Services = MINNESOTA JUDICIAL BRANCH Instructions for Master Subscriber Agreement Copyright © 2009 -2010 by the State of Minnesota, State Court Administrator's Office, All Rights Reserved. Instructions to Subscriber -- �'p -`� ° - — ,- r sv t3 ". Vie€ i ''u 4a -'`.,& ,✓ na44' .4, A an t h k � y r+eerner� M t � , a, r >. v.a_ � t. 'r ...:mss- -d. -nc �,,,.. ... : kg; * - A-4. This Agreement is for government use only and is required to subscribe to one or more Court Data Services as described on the Justice Agency Resources page of the Minnesota Judicial Branch web site. This Agreement may be used by federal, state, and local units of government. However, it may not be used by law firms, non - profit organizations, or tribal government. A different version of this Agreement is available for tribal government and may be requested via the email address contained in the "Need Help ?" section at the end of these instructions. Law firms and non - profits are not eligible for Court Data Services. To subscribe to one or more Court Data Services, your agency must first enter into this Agreement with the Minnesota Office of State Court Administration. After this Agreement has been fully executed, it will cover all future requests and change requests for Court Data Services for all agency departments and business units covered under the Agreement. Please keep a copy of your fully executed Agreement on file because you must send a copy of it with all future requests and change requests for Court Data Services. tau -u _ "h� m.;;*s -� + r m o It l�nforma on,Pertafrntng o thist reement .t t t- z t ,. 3fi , The following documents contain important information and terms regarding this Agreement. They are referenced in this Agreement and are made part of this Agreement by reference. • Policies, Notices, & Instructions for Court Data Services: Each Court Data Service has a companion document by this or a similar name. It is located on the web page specific to that service. All Court Data Services and sub - pages can be found on the Justice Agency Resources page of the Minnesota Judicial Branch web site. • Rules of Public Access to Records of the Judicial Branch: Refer to these rules as needed to understand restrictions on re- disclosure of court records provided under this Agreement. These rules can be found on the Rules page of the Minnesota Judicial Branch web site under the heading "Public Access." • Table of Limits,: Refer to these tables for important statutes and rules pertaining to restrictions on re- disclosure of court records provided under this Agreement. This table can be found on the Rules page of the Minnesota Judicial Branch web site under the heading "Public Access." d G d '','"` ... s ! '7 `t 'C .fi'§`` ° fsa m F4 +-` ,`" r Howtt. S[abmit - th s �greerr.>ent� . --- a 4 j - � , . ' ,�. i c a c..,.,, t , rr..- ` �t x� iF,� � s, To submit this Agreement, mail a completed copy with your original handwritten signature to the address below. Within one to two weeks, you will receive a fully executed signed original back via U.S. mail. You may also send Request Forms for Court Data Services with this Agreement OR you may wait and send Request Forms by email after you receive your copy of the final agreement from us. We encourage you to put your agreement in the mail as soon as possible to allow time for processing. Mail to: ITD Office Administration Information Technology Division Office of State Court Administration 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155 � . r A a �m - - , ? r , Detailed,l structivns on IoW to ;Complete the3Agreemen�t » - --` ; -v ,' Page 1 - Identification of Subscriber: Fill out the first two blanks at the top of page one. • In the first blank, enter the full legal name of your agency, such as "Hennepin County" or "City of Duluth." The name you use here will become the "Subscriber" as indicated on page 1. We strongly discourage you from adding a department or business unit name to this line. If you use the full legal name of your agency and have this Agreement signed by someone with authority to act on its behalf, then this Agreement can be used by all departments and business units of the agency. On the other hand, if you add a department or business unit name on this line then you limit the use of this agreement to that specific division or business unit, thereby requiring other divisions and /or business units to submit a separate agreement. If you have questions about this, see "Need Help ?" below. • In the second blank, enter the legal mailing address for your agency, as described in the first blank. Instructions to subscriber continued on next page. Instructions for Master Subscriber Agreement – Revised October 26, 2010 (ITD_SP_0481 g) Page 1 of 2 ACCESS TO CASE RECORDS OF THE MINNESOTA JUDICIAL BRANCH ► ► ► ► ► ►► ► ► ►► ►GOVERNMENT Court Data Services Instructions to subscriber continued from previous page. Guidance on Subscriber Identification & Eligibility This agreement is only for use by U.S. government entities, including state, federal, and local government. Please note the following clarifications: • Tribal Government: This agreement may not be used by tribal government Subscribers. However, tribal government may contact MJCMNCISGovtAccessProceduralcourts.state.mn.us to obtain a custom tribal government agreement. • Private Attorneys, Vendors, and Independent Contractors: This agreement may not be used by private attorneys, vendors, or other independent contractors in their respective private capacities. However, if under contract with a government entity, private attorneys, vendors, and other independent contractors may obtain access to Court Data Services through that government entity. The government entity must submit an agreement and subscribe to a Court Data Service identifying the government entity as the Subscriber —not the private attorney or independent contractor as the Subscriber. A common example is when cities hire private attorneys for city prosecution and allow them to use Court Data Services in that capacity. In this example, the city must be identified as the Subscriber and must control access to its Court Data Service accounts. See Clause 5(c) in this agreement, which defines, in part, Subscriber's authorized use of Court Data Services. • Non - Profit Entities: This agreement may not be used by non - profit entities. However, if a non - profit entity is under contract with a govemment entity, it may gain access to Court Data Services as described in the bullet item above for private attorneys, vendors, and other independent contractors. • Private Attorneys as Elected. Officials: This agreement may be used by private attorneys as elected officials regardless of whether they perform their official duties from a government office or private firm. Some Minnesota rural county attorneys conduct their elected official duties from a private office. In this example, the Subscriber is the county attorney and the Subscriber Address is the address of the county attorney's private office. • Minnesota County Attorneys Prosecuting on Behalf of Minnesota Cities: When a Minnesota County attorney provides prosecution services for Minnesota cities as required or authorized under statute, city resolution, or city agreement, the county attorney is the Subscriber and may use Court Data Services for all prosecution duties required or authorized by law or court rule. Page 11 — Signature Block: Fill out the Subscriber signature block on page 12 and include a handwritten signature of a representative who is authorized to sign on behalf of your agency, as identified on page 1. Attach to this Agreement a written verification of authority as described in the Subscriber signature block section. If you have questions, see "Need Help ?" below. # ; J, 0- i pV 4 jam t a t - �f Y . s ` 4 i s S- v � : ! �,� �s:. � �� � z. '�, s � 3 . �, 'r� "�� �x',v '��. �d �* work x �,t� �7 °.. � itt R �pp 741A e$4740 *a,-, ' ' x 4..4.. If you have questions or need assistance with this agreement, please email your question with your name and phone number to: MJCMNCISGovtAccessProcedural ecourts.state.mn.us. You will receive a call from someone who can help you. Instructions for Master Subscriber Agreement – Revised October 26, 2010 (ITD_SP_0481 g) Page 2 of 2 RESOLUTION NO. 7094 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF SHAKOPEE ON BEHALF OF ITS PROSECUTING CITY ATTORNEY SCOTT JOINT PROSECUTION ASSOCIATION WHEREAS, the City of Shakopee, on behalf of its Prosecuting City Attorney, Scott Joint Prosecution Association, a Joint Powers Municipal Prosecution Board (hereinafter referred to as "SJPA "), desires to enter into a Joint Powers Agreement 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 Agreement further provides the City with 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, if any. NOW, THEREFORE, BE IT RESOLVED by the City Council of Shakopee, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Shakopee on behalf of SJPA, is hereby approved. A copy of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Lead Prosecuting Attorney for SJPA, William C. Strait, or his or her successor, is designated the Authorized Representative for SJPA. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain SJPA's connection to the systems and tools offered by the State. 3. That John J. Schmitt, the Mayor for the City of Shakopee, and Mark McNeill, the City Administrator, and Judith S. Cox, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreement. Passed and Adopted by the Council on this 19th day of April, 2011. CITY OF SHAKOPEE By: [John J. Schmitt] Its Mayor ATTEST: By: [Judith S. Cox] Its City Clerk DPS- M -1154 MN070011A STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Shakopee 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 1 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. 1 • DPS- M -1154 MN0700I 1 A , 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 /cj dn/. 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.ServiceDeslc 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 2.2B, 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. ■ 2 DPS- M -1154 MN070011A Nan 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 C. Strait, Lead Prosecuting Attorney for Scott Joint Prosecution Association, 200 4' Avenue W, Shakopee, MN 55379, 952- 496 -8621, or his/her successor. 5 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. 3 DPS- M -1154 MN070011A 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. 4 • DPS- M -1154 MN070011A , 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 andtools 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) 5 DPS - -I I54 • MN070011A 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. Stat. §§ 16A.15 and 16C.05.. - Name: Name: (PRINTED) {PRINTED} Signed: Signed: Date: Title: CFMS Contract No. A - (with delegated authority) 2. AGENCY Date: Name: John J. Schmitt 4. COMMISSIONER OF ADMINISTRATION (PRINTED) delegated to Materials Management Division Signed: B Title: Mayor Date: (with delegated authority) Date: Name: Mark McNeill (PRINTED) • Signed: Title: City Administrator (with delegated authority) Date: Name: Judith S. Cox (PRINTED) Signed: Title: City Clerk • (with delegated authority) Date: • 6 RESOLUTION NO. 7094 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF SHAKOPEE ON BEHALF OF ITS PROSECUTING CITY ATTORNEY SCOTT JOINT PROSECUTION ASSOCIATION WHEREAS, the City of Shakopee, on behalf of its Prosecuting City Attorney, Scott Joint Prosecution Association, a Joint Powers Municipal Prosecution Board (hereinafter referred to as "SJPA "), desires to enter into a Joint Powers Agreement 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 Agreement further provides the City with 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, if any. NOW, THEREFORE, BE IT RESOLVED by the City Council of Shakopee, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Shakopee on behalf of SJPA, is hereby approved. A copy of the Joint Powers Agreement is attached to this Resolution and made a part of it. 2. That the Lead Prosecuting Attorney for SJPA, William C. Strait, or his or her successor, is designated the Authorized Representative for SJPA. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain SJPA's connection to the systems and tools offered by the State. 3. That the appropriate City of Shakopee officials are authorized to sign the State of Minnesota Joint Powers Agreement. Passed and Adopted by the Council on this 19th day of April, 2011. a-S'c_0 le 5s Spec -i- i c CITY OF SHAKOPEE By: [John J. Schmitt] Its Mayor j5 00 0 ±o W v ATTEST: -j—pri W i l l vl e By: [Judith S. Cox] Sij heo 19j Its City Clerk `f cut_ rva,kash'.6dio DPS- M -1154 • MN070011A • The parties indicate their agreeinent and authority to execute this Agreement by signing below. I. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies that funds have been encumbered as required • CRIMINAL APPREHENSION by Minn. Stat. §§ 16A..15 and 16C.05.. Name: Name: • (PRINTED) • (PRINTED) Signed: Signed: - Date: Title: (with delegated authority) CFMS Contract No. A- Date: 2. AGENCY Name: John J. Schmitt 4. COMMISSIONER OF ADMINISTRATION (PRINTED) delegated to Materials Management Division Signed: B • Date: Title: Mayor (with delegated authority) Date: Name: Kris Wilson • (PRINTED) KT- 5itA_Cal-kfe, Signed: 3 Title: Acting City Administrator (with delegated authority) Date: - • • Name: Judith S. Cox (PRINTED) • • Signed: City Clerk Title: • (with delegated authority) • Date: • 6 •