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4.3. SR 09-08-2020
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4.3. SR 09-08-2020
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SWIFT Contract # 181872 <br />MN071011A <br />3 <br /> <br />keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to <br />occur. <br /> <br />If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public <br />Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that <br />are kept by the Agency. The transaction record must include the individual user who requested access, and the date, <br />time and content of the request. The transaction record must also include the date, time and content of the response <br />along with the destination to which the data were sent. The transaction record must be maintained for a minimum of <br />six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business <br />day of the BCA’s request. <br /> <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 /> <br />2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is <br />required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based <br />background check on each vendor employee as well as records of the completion of the security awareness training <br />that may be relied on by the Agency. <br /> <br />3 Payment <br />The Agency understands there is a cost for access to the criminal justice data communications network described in <br />Minn. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible <br />for the cost of access. <br /> <br />Agency will identify the third party and provide the BCA with the contact information and its contact person for <br />billing purposes so that billing can be established. The Agency will provide updated information to BCA’s <br />Authorized Representative within ten business days when this information changes. <br /> <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 /> <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 /> <br />The Agency's Authorized Representative is Scott Baumgartner, City Attorney, 2140 4th Ave N, Anoka, MN 55303, <br />(763) 427-8877 or his/her successor. <br /> <br />5 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 Amendments. 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, their successors in office, or another individual duly authorized. <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 Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. <br />No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
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