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SWII✓T Contract # 95428
<br />MN 0710200
<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.
<br />7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
<br />compliance with laws, regulations and policies about access, use, and dissemination of data,
<br />7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
<br />cooperate with FBI examiners and make any requested data available for review and audit.
<br />7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
<br />used to access the data covered by this Agreement and the physical location of each.
<br />8 Government Data Practices
<br />8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act,
<br />Minn, Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
<br />collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
<br />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
<br />BCA.
<br />8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment rcferred to in
<br />Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
<br />data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
<br />of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
<br />acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
<br />the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
<br />All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
<br />defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
<br />Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
<br />restrictions must be followed in the appropriate circumstances.
<br />9 Investigation of alleged violations; sanctions
<br />For purposes of this clause, "Individual User" means an employee or contractor of Agency.
<br />9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
<br />violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the
<br />investigation of suspected violations of the policies and procedures referenced in this Agreement, When BCA
<br />becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to
<br />any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform
<br />BCA subject to any restrictions in applicable law.
<br />9.2 Sanctions Involving Only BCA Systems and Tools.
<br />The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
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