HomeMy WebLinkAbout4.E.1. Approve Court Data Services Subscriber Amendment q.E • 1.
CITY OF SHAKOPEE
Police Department COilc°E"T
To: Mayor and City Council
From: Tammy Helgeson, Records Supervisor
Meeting Date: September 18, 2012
Subject: Court Data Services Subscriber Amendment
MEMORANDUM
ACTION SOUGHT:
In this memo, it is recommended that the City Council take the following action:
Pass a motion approving the Court Data Services Subscriber Amendment that amends the
existing Master Joint Powers Agreement adopted in March of 2011 under Resolution #7088.
INTRODUCTION:
Council is asked to approve the attached Court Data Services Subscriber Amendment to the existing
Master Joint Powers Agreement that was originally approved under Resolution #7088 in March of 2011.
This amendment addresses the use of Integrated Search Services that will access Court Data Records,
which is not covered under the existing Master Joint Powers Agreement.
BACKGROUND:
Effective March 1, 2011, Resolution #7088 was adopted that allowed the Shakopee Police Department
to enter into a consolidated Joint Powers Agreement with the State of Minnesota, Department of Public
Safety and the Bureau of Criminal Apprehension to use systems and tools available over the State's
Criminal Justice Data Communications Network. The Bureau of Criminal Apprehension has recently
developed Integrated Search Services, which is a tool that allows certified Criminal Justice Information
Services users the ability to search multiple databases under a single search function. This search
includes accessing Court data. The Bureau of Criminal Apprehension has entered into a separate
agreement with Courts that delegate to the Bureau of Criminal Apprehension the authority to enter into
an agreement that allows agencies to access Court records. This Amendment would allow the Shakopee
Police Department to use Integrated Search Services to access court records, thereby increasing
productivity.
BUDGET IMPACT:
There are no changes to the budget as a result of this amendment.
ALTERNATIVES:
1. Approve the Court Data Services Subscriber Amendment to the Master Joint Powers Agreement.
2. Table the Court Data Services Subscriber Amendment to the Master Joint Powers Agreement.
3. Deny the Court Data Services Subscriber Amendment to the Master Joint Powers Agreement.
RECOMMENDATION:
Alternative 1 — Approve the Court Data Services Subscriber Amendment to the Master Joint Powers
Agreement.
RELATIONSHIP TO VISIONING:
This action supports:
Goal D — Maintain, improve and create strong partnerships with other public and private sector entities.
ACTION REQUIRED:
The City Council, if they concur, should by motion approve the attached Amendment to the existing
Master Joint Powers Agreement.
Attachments: Court Data Services Subscriber Amendment to CJDN Subscriber Agreement
Resolution No. 7088
RESOLUTION NO. 7088
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF
SHAKOPEE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT
WHEREAS, the City of Shakopee on behalf of its Prosecuting Attorney and Police Department
desires to enter into 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.
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 its Prosecuting Attorney and Police Department, are hereby approved.
A copy of the Joint Powers Agreement is attached to this Resolution and made a part of it.
2. That the Chief of Police /Emergency Management Director, Jeff Tate, or his successor, is
designated the Authorized Representative for the Police Department.
To assist the Authorized Representative with the administration of the agreement, Captain of
Services is appointed as the Authorized Representative's designee.
3. That the Scott Joint Prosecution and Scoff County Attorney, Pat Ciliberto, or his successor, is
designated the Authorized Representative for the Prosecuting Attorney.
4. 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 First day of March, 2011.
CITY OF SHAKOPEE
B . [John J.� chmittj
I s Mayor
ATTEST: r i,t,antiit, j • elf/
By: [Ju t S. Cox]
Its City Irk
COURT DATA SERVICES SUBSCRIBER AMENDMENT TO
CJDN SUBSCRIBER AGREEMENT
This Court Data Services Subscriber Amendment ( "Subscriber Amendment ") is entered into by
the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, ( "BCA ") and City of Shakopee on behalf of its Police Department ( "Agency "),
and by and for the benefit of the State of Minnesota acting through its State Court
Administrator's Office ( "Court") who shall be entitled to enforce any provisions hereof through
any legal action against any party.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, Contract number DPS -M -1040, of even or prior date, for Agency use of BCA systems
and tools (referred to herein as "the CJDN Subscriber Agreement "). 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 this Subscriber Amendment. The Agency desires to use one or
more BCA systems and tools to access and/or submit Court Records to assist the Agency in the
efficient performance of its duties as required or authorized by law or court rule. Court desires to
permit such access and/or submission. This Subscriber Amendment is intended to add Court as a
party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court
that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers
Agreement for Delivery of Court Data Services to CJDN Subscribers ( "Master Authorization
Agreement ") between the Court and the BCA, the BCA is authorized to sign this Subscriber
Amendment on behalf of Court. Upon execution the Subscriber Amendment will be
incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the
Court desire to amend the CJDN Subscriber Agreement as stated below.
The CJDN Subscriber Agreement is amended by the addition of the following provisions:
1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally executed by all parties and shall remain in
effect until expiration or termination of the CJDN Subscriber Agreement unless terminated
earlier as provided in this Amendment. Any party may terminate this Amendment with or
without cause by giving written notice to all other parties. 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 Amendment 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. -
2. Definitions. Unless otherwise specifically defined, each term used herein shall
have the meaning assigned to such term in the CJDN Subscriber Agreement.
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a. "Authorized Court Data Services" means Court Data Services that have
been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers ( "Master Authorization Agreement ") between the Court
and the BCA.
b. "Court Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which
the current address is www.courts.state.mn.us) or other location designated by the Court,
as the same may be amended from time to time by the Court.
c. "Court Records" means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including:
i. "Court Case Information" means any information in the Court
Records that conveys information about a particular case or
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.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
e. "Policies & Notices" means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to time by the Court.
Policies & Notices for each Authorized Court Data Service identified in an approved
request form under section 3, below, are hereby made part of this Subscriber Amendment
by this reference and provide additional terms and conditions that govern Subscriber's
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
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f. "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 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 Subscriber Amendment. 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 Minnesota Judicial
Branch website, for which the current address is www.courts.state.mn.us.
g. "Court" shall mean the State of Minnesota, State Court Administrator's
Office.
h. "Subscriber" shall mean the Agency.
i. "Subscriber Records" means any information in any form made available
by the Subscriber to the Court for the purposes of carrying out this Subscriber
Amendment.
3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following
execution of this Amendment by all parties, Subscriber may submit to the BCA one or more
separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization Agreement to process, credential and approve such requests on behalf of Court
and all such requests approved by the BCA are adopted and incorporated herein by this reference
the same as if set forth verbatim herein.
a. Activation. Activation of the requested Authorized Court Data Service(s)
shall occur promptly following approval.
b. Rejection. Requests may be rejected for any reason, at the discretion of
the BCA and/or the Court.
c. Requests for Termination of One or More Authorized Court Data
Services. The Subscriber may request the termination of an Authorized Court Data
Services previously requested by submitting a notice to Court with a copy to the BCA.
Promptly upon receipt of a request for termination of a Authorized Court Data Service,
the BCA will deactivate the service requested. The termination of one or more
Authorized Court Data Services does not terminate this Subscriber Amendment.
Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon
termination of Authorized 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 and/or submission of the Court Records shall be limited to Authorized Court Data
Services identified in an approved request form under section 3, above, and other Court Records
necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services
shall only be used according to the instructions provided in corresponding Policies & Notices or
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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 Authorized Court Data
Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other
Authorized Court Data Services documentation, and upon any such unauthorized use or
attempted use the Court may immediately terminate this Subscriber Amendment 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 Subscriber Amendment.
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 Subscriber Amendment, 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 Subscriber Amendment, 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. Subscriber shall
keep such acknowledgements on file for one year following termination of the Subscriber
Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgements upon request. For
purposes of this Subscriber Amendment, 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 Subscriber
Amendment and the CJDN Subscriber Agreement and the termination of their
relationship with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this
Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
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7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the
term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court 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 Authorized Court Data
Services identified in an approved request form under section 3, above, and related Court
Records. Court reserves the right to make modifications to the Authorized 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. Court 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 Court and its licensors.
b. Court Data Services Databases. Court 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
limitation data schemas such as the Court XML Schema, are trade secret information of
Court 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 Authorized Court Data Services,
including but not limited to the marks "MNCIS" and "Odyssey."
d. Restrictions on Duplication, Disclosure, and Use. Trade secret
information of Court 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 Court or its licensors, in any way
or for any purpose not specifically and expressly authorized by this Subscriber
Amendment. As used herein, "trade secret information of Court and its licensors" means
any information possessed by Court 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 Court and its licensors" does not, however, include information which was
known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly,
from Court or its licensors, information which is independently developed by Subscriber
without reference to or use of information received from Court 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, if any, for each individual authorized
to access, use, or configure Authorized Court Data Services, solely for its own use in
connection with this Subscriber Amendment. Subscriber will take all steps reasonably
necessary to protect the copyright, trade secret, and trademark rights of Court and its
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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 Court and its licensors, of the restrictions upon duplication,
disclosure and use contained in this Subscriber Amendment.
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 Court and its
licensors, or any part thereof, made available by Court directly or through the BCA, if
any, 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 Court 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 Court directly or through
the BCA, 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, if any,
made available by the Court to Subscriber directly or through the BCA and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
ten days of a request for termination of Authorized Court Data Service as described in
section 4, 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 not limited to training and configuration materials, if any,
and logon account information, if any; or (2) destroy the same and certify in writing to
the Court that the same have been destroyed.
8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
Amendment are not specifically enforced and that the Court, Court'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, Court'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, Court'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,
Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LIABILITY. 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
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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. Subscriber and Court further acknowledge that the liability, if any, of the
BCA is governed by a separate agreement between the Court and the BCA dated December 13,
2010 with DPS -M -0958.
10. AVAILABILITY. Specific terms of availability shall be established by the
Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the
right to terminate this Subscriber Amendment immediately and/or temporarily suspend
Subscriber's Authorized 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.
11. [reserved]
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 Subscriber Amendment.
a. Judicial Policy Statement. Subscriber agrees to comply with all policies
identified in Policies & Notices applicable to Court Records accessed by Subscriber using
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. Access and Use; Log. Subscriber shall be responsible for all access to
and use of Authorized 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 minimum
period of six years from the date of disclosure, 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 Authorized 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 Subscriber
Amendment without prior notice to Subscriber.
c. Personnel. Subscriber agrees to investigate, at the request of the Court
and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential
Information, or trade secret information of the Court and its licensors where such persons
are alleged to have violated the provisions of this Subscriber Amendment, Policies &
Notices, Judicial Branch policies, or other security requirements or laws regulating access
to the Court Records.
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d. 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 via the BCA systems and tools under this Amendment; (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.
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 Amendment or upon the initial Subscriber transaction as defined in the
Policies & Notices, whichever occurs earlier. When fees apply, the Court 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
Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber
certifies that funds have been appropriated for the payment of charges under this Amendment for
the current fiscal year, if applicable.
14. MODIFICATION OF FEES. Court 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 Amendment as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, COURT'S LICENSORS, AND DCA
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A 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, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE
ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE
COURT RECORDS.
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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, Court's licensors, or DCA. Neither Subscriber nor the Court, Court'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 Authorized Court Data Services and Policies & Notices, 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 any party at any time to enforce any of the
provisions of this Subscriber Amendment 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 Subscriber Amendment. 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 Subscriber nor Court 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 subscriber Amendment shall be
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment 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 Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its rights or obligations hereunder without the prior written
consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successors and assigns, including any other legal entity
into, by or with which Subscriber may be merged, acquired or consolidated.
22. GOVERNING LAW. This Subscriber Amendment 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
Subscriber Amendment, 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 Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
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of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect
except as supplemented or modified by this Subscriber Amendment.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Subscriber Amendment in duplicate, intending to be bound thereby.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
Individual certifies that finds have been encumbered as CRIMINAL APPREHENSION
required by Minn. Stat. §§ 16A.15 and 16C.05.
Name:
Name: (PRINTED)
(PRINTED)
Signed:
Signed:
Title:
Date: (with delegated authority)
SWIFT Contract No. Date:
2. SUBSCRIBER (AGENCY)
4. COMMISSIONER OF ADMINISTRATION
Subscriber must attach written verification of delegated to Materials Management Division
authority to sign on behalf of and bind the entity,
such as an opinion of counsel or resolution. By:
Name: Brad Tabke Date:
(PRINTED)
Signed: 5. COURTS
Authority granted to Bureau of Criminal Apprehension
Title: Mayor Name:
(with delegated authority) (PRINTED)
Date: 9/18/12 Signed:
M ark McNeill Title:
Name: (with authorized authority)
(PRINTED)
Signed:
Date:
Title: City Administrator
(with delegated authority)
Date: 9/18/12
10