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SWIFT Contract # 31975
<br />MN071011A
<br />If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota
<br />Department of Public Safety, Agency must have a transaction record of alI access to the data that are maintained. The
<br />transaction record must include the individual user who requested access, and the date, time and content of the
<br />request. The transaction record must also include the date, time and content of the response along with the destination
<br />to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date
<br />the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request.
<br />2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
<br />Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber
<br />Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and
<br />tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services
<br />Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
<br />below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission
<br />of the Court Records delivered through the BCA systems and tools.
<br />3 Payment
<br />The Agency currently accesses the criminal justice data communications network described in Minn. Stat. §299C.46.
<br />No charges will be assessed to the agency as a condition of this agreement.
<br />If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to
<br />access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment.
<br />4 Authorized Representatives
<br />The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
<br />Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
<br />successor.
<br />The Agency's Authorized Representative is Tina Allard, City Clerk, 13065 Orono Parkway, Elk River; MN 55330,
<br />763-635-1003, or his/her successor.
<br />Assignment, Amendments, Waiver, and Contract Complete
<br />5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
<br />5.2 Arnendmercts. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
<br />writing and will not be effective until it has been signed and approved by the same parties who signed and
<br />approved the original agreement, or their successors in office.
<br />5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
<br />or the right to enforce it.
<br />5.4 Contract C©mplete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
<br />No other understanding regarding this Agreement, whether written or oral, maybe used to bind either party.
<br />6 Liability
<br />Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or
<br />liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. §
<br />3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.
<br />Ch. 466, governs the Agency's liability.
<br />7 Audits
<br />7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
<br />procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
<br />Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
<br />6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
<br />BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
<br />that are relevant to this Agreement. .
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