HomeMy WebLinkAboutItem 4 Master Subscriber Agreement for MN Court Data Services for Governmental Agencies MASTER SUBSCRIBER AGREEMENT
FOR N11-INNESOTA COURT DATA SERVICES
FOR GOVERNMENTAL AE CIE S
`RES AGREE.1ffiN'T'is entered into by and between
City of Lake Elmo
..___.....-._._.._...__...,..�...._---�..,.,.. (Ctov rre meat Subsa•i8^r iV�me/hEame ofEi�ttty) -___.,.._-_._w__...-._-._.,_
of �3800 Laverne Avenue North, Lake Elmo, MN 55042
" fT(Crave:utaarrf ub:,aritser Ad ress) .
(hereitafter"Government Subscriber")and THE STATE OF, MTNNESUTA
a ce of State Court.Admi im-ation
Puaicia District it 4 icr of State Cot.rtAdministration)
of 25 Rev. Dr, Martin.Luther King Jr.Blvd. St.Paul,Mitmesota 55155
f7
press) •-- -- '
Oiereinafter"ho Court")
Recitals
T6 Court offers Court Data Services, as defined herein, to'Miittlesota Government
Subscribers as authorized by the Rules of Public,Access. Tne Court Data Services are of'erect. to
Government Subscribers as goverruncutal units and are offered solely for certain governmental
use as permitted herein. Government Subscriber desires to use Court Data Services, and the
Court desires to provide the same, to assist Government Subscriber in the efficient,perforrnance
of its governmental duties as required or authorized.by lavr or court rule in coianection with any
civil, criminal, administrative, or arbitral t)roceeding in any Federal, SI.ate or loctil court or
agency or before any self-regulatory body.
Court Data Services are def�ed in the Definitions section of this Agreement and may
involve a one-way or two-wry transmission of information between the parties, sorrie of which
rnay include court inforinetion that is not accessible to the public pursuant to the Roles of Public
Access and which may not be disclosed by Governnicnt.Subseribt r-writliout the prior approval of
ctsurt or.,rrecord Custodian_ Government_Subscriber agrees here� to limit its -
access to and use of Court Records and Cotirt Doctltxtextts tlirottgli Court Data Servi= to the
Government Subscriber's"L egi.tini.ate Governmental Business?'geed"as de15ned lieicin.
The access to state'M-de public Court Doeumeuts is a pilot progrw-, During the initial
phase of the pilot program, the State will not charge (overnment.Stites,ribcr for access to Court
Do"metits. The State may charge Croveannjeit Subscriber for access to Court Documents at a
Later date or after the initial Abase of the:pilot program concludes.
Arrecitaen.t
NOW, T-i,RRET'ORF, in consideration of the i uitial covenants, promises and
agreeruents contained herein,the Court and.Gavernmetit Subscriber agree as follows:
Water ;r Agrearl apt`cr i"Chr lei otm Cowl Data ices''01't,.wer11i77wNi A;Jes1 dc-13^-Revised October 12,21)9 e
Face 1 Of?5
�. TEWM;TERMINATION; ONGOING OBLIGATIONS.
1.1 'Perm. finis Agreement shall be effective. on the date executed by the Court and
shall retxzaln in effi:ct according to its te—mns,
1.2. Termination.
1 2.1 either party may term.imate this Agreement with or without cause by giving
written notice to the other party. The effective date of the termination shall be
thirty(30)days after the other party's receipt.of the znotics of termination,unless a
later slate is specified in the notice. Termination of this Agreement pursuant to
Clause 4.5 shall the eft'eetive inr nimliately and nmy occur Without prior notice to
Governmert Subscriber.
1.2.2 The provisions of Clauses 5,f, 8, 9, 10, 12.2, 1.2.3 and 15 throw 24 shall
survive any termination of this Agreement, as shall arty oilier previsions fimt b
their nature are intended or expected to survive such termination. Upon
termination, tine Government Subscriber shall .perfornn the responsibilities set
forto in para.gntph 8.6 hereof.
1.3 Sttbseslttent Agreement. This Agreement may be superseded by a subsequent
agreement between the parties.
,. DEFL ITIONS.
2.1 "Court Data Services"means one or more of the following services and izncludes
any additional or nlodif�ecl services identi,�ted a.s such on. flue Justice Agenti;y
Resource webpage of the Minnesota Judicial Branch website, which is culTently
1.v~.vw.courts.state.nun.us, or othcx location desitnnated by the Court andlor its
affiliates, as the sarne may be amended froth time to time by the Court andfor its.
affihiates,
2.1.1 "Bulk, Data Delivery"ireeans the electronic tr<unsrnission of CoGrt.Reco ds
in bulk form from the Court to the Governtnnent Subscriber, mom one or
snore of the Court's databases and through any means of transmission, as
described in applicable Policies & Notices and materials referenced
therein..
2.1.2 "Court Integration Services" mearis pre-defined automated tratisinissiorxs
-the- -Cot is computer systems to Yx �eanuient:__
Subscriber's computer systems;atnd rur ii)C%overnrnent Subscriber Records
fi:am the (h vermuent Subscriber's computer systems to the co-urt's
computer systems: on a periodic basis or as triggered by pre-determined
events, as described in applicable Policies & Notices and materials
references{•therein,
2.1.3 `%MNCla Login Am)utnfs" means a. digital login account created for and
provided to the Government Subscriber .for online access to and use of
Court records and Court. Doemnt-•nts thmugh the Minnesota Court
Information System (`°MNC1S"), as described in applicable Policies &
Notices anti:materf.als referenced therein.
4,aster Nubscpber Agreei-tent ar Minnescla Court Uata Ser=1icce for Goverrunenirl A;�rfnr s.-Revised[:c:cc 7 r i;l,2012
Pale 2 of 15
2.1.4 "VIBES Login Accounts" meads a digital login account created for and
provided to the Government Subscriber for online access to and use of
Court records through. the Violations Bureau Electronic System
(`'ViDES"), as described in applicable Policies & Notices and materials
referenced therein.
23 "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 schema.,and all related components.
2.3 "Court Data Services Programs" means any computer application l rograins,
routines, transport inechanisms, and display screens used in connection with
Court Data Services,Together with,nny documentation related thereto.
2.4 "Court Doenmeuts." means electronic images of documents that are part of or
included in a court file when the electronic i1nages become available. Court
Documents have a document security classification m Follows:
2.4.1 s°Publiel"means the classification.eised for documents that are accessible
to the general public in electronic forin ftorn any location.
2.4.2 "Public2" means the classification used for documents that arc accessible
to the general public hi electronic ford-at the cnin-thouse,but not from any
ether location.
2A.3 r`Public2 Citations" inuans the classification -used for Court Payment
Center documents that are accessible to the genoral public .in electronic
form at the courthouse,but not from any other location.
2.4.4 "Coniridenti:all" means the classification used for documents that are not
accessible to the genera/ public in electronic fbi , but are available to
Government Subscribers with legal authorization to access the case under
-Minn..R.Pub.Ai;cess,8,subd.4(b).
2.4.5 "Confidential.2P7 paeans the classification used for documents that are not
accessible to the public in electronic, form and is not accessible to
Goverm- ent Subscribers except as authorized,by ;b3aecific court rtfts or
orders that identify the specific doeuinent'to be accessod.
2.4.6 "Sealedi" means the clzssifica:tion used fbi documents that are not:
!accessible to anyone except by court order or specific aadlorization.
2.5 "Court.Records" means all b orination in any form.made availably by the Court
and/or its afflWes to Government Subbscriber for the purposes of ewrykag out this
Agreement,including:
2.5.0 "Court Case Information" means nny information. in the Court records
that conveys information about a partic;ala.-case or controversy, including
without limitation. Court Confidential Case' Infon-nation and Court
Docuax-erns,when available,as defined.hercile.
Master SubsclberAg"mmnt torMinriesota C;oad Data Serif-ces for t.,overrinzewsl Agenm.s—Revised October 121 2012
Pap 3 o€15
2.5.1 "Court Confidential Case Information" means any information L'I the
Ctaurt Records that is inaccessible to the public pursuant to the Rules of,
Public Access and that conveys information about a particular case or
controversy.
2.5 2 "Court Confidential Security and Activation faforrnatiorr" means any
iaxx'ormation in the Court Records that is inaccessible to the public ptarszant
to the Rules of Public Access and that explains how to use or gala access
to Court :Data Services, including but not limired to login account names,
passwords, TCP/IP addresses, Court Data Sen4ces riser nnanuals,.Court
Data Services Programs, Court Data Services Databases,•and.•'oth.er
technical inforrna1ttion.
2.5.3 "Court Confidential %formattan" 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
hiforrnation.
2.6 "DCA" means the District Conrt Adrxriaistratm pursuant to Minnesota Statutes,
section.4$5.01.
2.7 "Governin+ent Subscriber Records" means any Worniation ha ally form made
available by the Government Subscriber to the Court anchor its. affiliates.for Idle
purposes of carrying out this Agreement.
18 "Government Subscriber's Individual Users" means-Government Subscriber's
employees or independent contractors whose use or access of Court-Data
Services,a.s well as the access,use and dissemination of C,oul-t Records art l Court
Documents, i s necessary to effectuate till.purposes of Chis Ag eernent.
2.9 ".Legitimate Governmental Business Need" paeans a requirement, duty or
obligation for the d ic:ient perform m ce of governmental tasks or governmented
responsibi]Hties and as required or authorized by law or court rule in connection .
with any civil, criminal, administautiye, or arbitral proceeding i a. a►ty Federal,
State or local court or agency or before eMy self=n•egulatory body,
2.10 "Policies &.Notices" means the policies and notices publisbed by the Cotnt
andlcrr its affiliates in. connection with each of its Cowl Data Services, orr_a__.'W
ogler location clesignaterl by the t`uurrt.and/or its affiliates, as the seine
z>.Yay be aaucnded fi<om time to time by tie Court tinned./or its affiliates. Policies
Notices for each Court Data Service, hereby made pw t of this Agreement by
reference, provide additional terms and conditions that govern Government
Subscriber's use, of such services,including but not.l.i.mited to provisioass-on f- es,
access and use limitations, and identification of various third part' applications,
such as transport inechani.snls;that Crovernment Subscriber may need to procum
separately to use Court Data Services.
2.11. "Rates cif Public Access" tmans the Mules of Public. A cess to R3::cords ol. the
Judicial Branch promulgated by the Minaosota auprerne,Court, as the stia e may
be amended from tine to time, including without ILnitation lists or tables
Master Subscriber-A.ir5a.meat;or Nfli stesota Gaort.Data SwAces for Goverrn7anta,A%Vjendes ReAsod October U,2012
Page 4 o,15
-published frorn 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 Government Subscriber to check, from time to time for updated
n ales, 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 v,ensite for the Court,
for which the current address is www.courts.statc.rnn.irs.
2.12 "SCAO"means the Slate of Minnesota,State Court Administrator's Office.
2.13 "This Agreement" means this Master Subscriber Agreement for Nffmiesota
Court Data Services for Governmental Agencies, including all. Exhibits, Policies
& Notices, and other d.ocumenti referenced, attached to, or submitted or issued
hereunder.
2.14 ''"Trade Secret Information of SCAO and-its•licen.surs" is defined in sections
8.1, 8.2 anal 8.4 of this,kgreentent.
2.15 "User Acknowledgement Form" means the form attached to this docunnent as
Exhibit 13, signed by Governn-iont Subscriber's Individual Users to conhum in
writing that the Individual 'User has read and understands the requiremer:.ts and
restrictions in this Agreement,
3. DATA ACCESS SERVICES 3'AO VIDEM TO GOVERNMENT AGENCY.
Followinci execution of this Agreement by both parties, Government Subscriber will be:
offered access to the Count.Data. Services described ir,.txhibit A, atta(e had hereto and
incorporated by reference.
4. A.I.,TI-10RIZED AC:C.ESS, 'USE, AND D SSEN NI A.TI'ON OF COURT RECORDS
At'ti7) COURT DOCUMENTS LIMITED; TRAINING; VIOLA.TIONS;.
SANCTIONS.
4.1 Authorized Access to Court Data Services, Court Records and Court
Documents..
'.I.l Government Subserber.and GoverrLenerrt Subscriber's Individual Users
shall. access- only the Court Data Setvices,,Court Records and Court
_I3oc3trrre;�#s,..vtilarr�rvailabl.e;t�ecessa:� r a.._..Lettiin.a#e-Crc�vern.rnental— .. _ ._ --
Business ltioed•
=r.1..2 The access of Court Data Services, Court Records or Court Documents,
when available, by Government St=_bscribe.r or Governtnerat Subscriber's
Individual Users for personal or non-official. use, or any use that is not a
"Legit:imate Goo ernrnental Business Need" as def€:red herein, is
prohibited.
4.1.3 Government. Subscriber and Cjovernmr,.nt Subscriber's Individual Users
shall not,aceess or attempt to access Co�ut Data Services, Cot rt records
or Court Documents; \�hen.availabl;,, m any manner not set forth- in this
Waster.Sul^scCber AgeaMenf for Mf,,watt..C*.curt Data semca;for mterrr=nfil Agencies Revfsed GctcVar 12,2012
F ege 5 of 15
Agreement, Policies & Notices, or other Coin Data —Services
documentation.
4,2 Authorized Use of Court Data Services, Cmir•t Records and Court
Documents.
4.2.1 Government Subscriber and Government Subscriber's Individual Users
shall use the Court Data Services, Court Records and Court Documcaits,
tvhen available, accessed only for a Legitimate Goveznrxental Business
Need and according to the insttuctions provided in corresponding Policies
&Notices or other materials.
4.2.2 The use of Court Data Services,Court Records or i;aa.rt Documents,when
available, by Government Subscriber or Government S_bwriber's
Individual'Users for personal or non-oftici.at use, or any use that is not a
"Legitimate Governmental Business Need" as defined Herein, is
prohibited.
4.2.3 Government Subscriber and. Government Subscriber's Individual Users
shall not, use or attempt to use Court Data Sen°ices, Court Records or
Cowt Doccunerits, when available, in. any nwi er not set ford, in this
Ag erne rt, Policies & Notices, or ottier Coat Data Services
docurneatation..
4.3 Dissemination of Court Records and Court Documents: GoverwneRzt
Subscriber and Govctumient Subscriber's Individual Users shell not Share the
Court Records or Court Documents,,their available,accessed and. data therefrom
with thifd parties mid other individuals other tl~= as needed to fitrther a
Legitimate Governmentat Business Need.
4.4 'Training. Goverrunent Subscriber shall provide C's`tn e,.ri3rnetzt Subscriber's
Individual Lasers training in the access, use, and.. dissenihiation of Court Records
arid.Cowl Documents.
4.5 Violations.
4.5.1 The access or use of Court Data Services, Court Records or• Court
Doculnerrts, when..avaJilable;.beyorut what is necessary'•for.,a.Legitirri.ate .
Governmental BLISiness reed by Govern m ent Subscriber or Government
" ses`. s vi.cr3atic�n .af tlaats Agreement. The
disseirrir..ation of Court.Records or Cow-t Documents, when available, by
Government Subscriber or Government Subscriber's Individual U'scrs
with thxd patties or other individuals beyond what is mcesur", fl,r a
Legitimate Governmental Business Need is a violation of th is Agreerr ert.
The access, use and dissemination of Court Data Services, Court Records
or C;ourt Documents, v en a- ailable, by Govern-mane. Subscriber or
Goverment Subscriber's Individual Users for personal case is a violation
of ttris Agreement.
4.5.2 Any violation pursuant to C1Giuse 4.5.1, or any unauthorized or attexrpted
access, use or dissamiriation of Court Data Services, Court Records or
Mister&Ix ortbei'Aye rnant for Mir.neso#.a Cm!rt Nta Servit—s for Gov arnme-oWI Ac,endes-•-Reai -_�Octot>er 12,2e12
E
Court Uocuinents, when available, by Goverrunent Subscriber or
Government Subscriber's Individual Users shall be grounds for the Court
to unpose sanctions as described in Clause 4.6 and to tenninate this-
Ag_eerrient without prior notice to Goverruncnt Subscriber ar;dfor
Government Subscriber's Individual Users.
4.6 Sanctions.
4.6.1 Sanctions Bor a violation -pursuant to Clause 4.5.1 may be imposed upon a
Government Subscriber and/or Goverrunent Subscriber's Individual Users
znd may include the suspension of access or termination of access for
Goverrunent Subscriber and/or Government Subscriber's Individual Users.
4,62 If the Conti decides to terminate the access for Government Subscriber
and/or Govenu-rent Subscriber's Individual Users, the Court shall notify
the affected party in vrriting: The termination shall be effeetivo
immediately. Prior notice:to Govern.ent Subscriber andlox Goverrur€ent
Subscriber's Individual Users is not required, Reinstatement of the access
shall only be upon the written direction of the Court.
5. G11mt.Awntzs OF€:ONFIDENTIALITY. Government Subscriber agrees:
5.1. To not disclose Court Confidential Information, or Court Documents, when
available,to any Third party except where necessaty to carry out the,GovMMteUt.
Subscriber's Legitimate Governmental Business Need. as defined in This
Agreement.
5.2 To take all appropriate action.,whefner by institaction, agreemeat,or otherwise, to
insure thte protection, confidentiality and security of Court Confidential
l'nfonnation and Court Documents, wben available, tmd to satisfy Government
Subscriber's obligations under this Agreement.
5.3 To ED)J.t the use of and access to Court Cortfiderrtial Irtfotination to Government
Subscriber's Individ-al Users, Gov=cr,,iment Subscriber shall advise Goverruuent
Subscriber's Individual Users of the restrictions upon access, use and disclosure
contai€'ed in this Agreement, requiring each Governnreitt.Subscriber's Individual
User to acknowledge in writing tl a..the individual has read and understands such
restrictions. G04' Pi1i71ent . Subscriber's .I11dviduaI _Users. shall- .sign the,.,..
Acknowledgrneitt Fonn attached in Exhibit B before: accessing Court.Dad_.___.
5A That,vv ithout':ini tutg Clause 1. of this gr4 rz�ent,the obligations of Government
Sta.bscriber and Government Subscriber's Individual Users with respect to the
confidentiality and security of Court Confidential Information and Coup!
Doct€r-ients, vrhen available, shall survive the termination of this Agreeirieat appal
the termination of their relationship with Goverment Subscriber.
5.5 That, Notwithstanding arty federal w� state law applic:ablo to the 3tondisciosure
obligations of Government Subscriber and Government Subscriber's Individual.
Users under this Agrecment, such obligations of Government Subscriber and
MF,;c[er Sub miber Aa reetreplt for ,,;'Inesota Gourt Data Servfce-s for Goveranientat Ager►ae r-,wipe Qctc bar 12,9-092
PaVAlofIca
t
Government Subscriber's Individual Users are founded independently can th-;
provisions of this Agreement.
5.6 That,a violation of Goven-anent Subscriber's agreements contained in.-this Clause
5,or aviolation of those wine agreements by Government Subscriber's Individual
Users,shall be grounds for the Court to terminate this agreement and.Government
Subscriber and/or Government Subscriber's Individual Users access to Court Data
Services,Court Records and Court DocumenLts,when available.
6. APPLICABILITY TO COURT CASK'INFOXIM.A"TION .PROWDED UNDER
LEGAL MANDNTE AND PREVIOUSLY DISCLOSED COURT RECORDS AND
COURT DOCUVtEI,TS. Subscriber aclmovrledges and agrees:
6,1. Court Case Information Provided Under Legal. Mandate., When the Court is
required to provide Govarntrient.Subscriber witl: Court Case Information.under a
,egal 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 requircr icnt, the provisions of this Agreement that govern or
restrict Government 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
Government Subscriber. All other provisions of this Agreement rerraui in full
effect, including, vhthout litnitwzion, pravisions that govern or restrict
flovernment Subscriber's access to and use of Court Confidential Security and .
Activation Information.
6.2 Previously Disclosed Court'kRceords and Court Documents. Without limiting
seedon 6.1, all Court Records and Court Documents disclosed to Cxoverdintnt
Subscriber prior to the effective (late of this Agreement shawl be subject to the
provisions of this Agreemei}t.
7. ACKNOWL.EDGMT&`IT BY INDIVIDUALS WITH ACCESS TO COI1€t,`.t
RECORDS L7NDEMTiiIS AGREEMENT.
7A Requirement to Advise Government Subscriber's Individual Users. To effect
the p usposes of this Agreement,. Govenurent Subscriber sba.11 advise each of
Gover:me.nt Subscriber's hidividual Users who are permitted to use and/or access
Court Data Services; Court R.ecards and C o'uir Do'ci ments, 1,W.i1 available, ender.
__..........____.._.__._......._.__.__�.._il-a_is-,��;s�een�e�xt-of'-t:�Lz`�=�ii;tieirier��ti:�tTfestiicticins iii t'.11a�:�iv�eet�zeirt.
7.2 Required.AckuovNledgem.ent by Government Subscriber's Individual Users.
7.2.1 Government Subscribes' shall require each of Goverrun-Mit Subscriber's
Individual Users to sign the Trser Acknowledge.rrent Form.(Exhibit B).
7 2.2 The User Adhiowledge:nent. Forms of current Goventraent Subscriber's
Individual Users must be obtained prior to subautting this Agreeartent.to
th,e Court for approval and shall accor►iparty the submission of this
Agreement for approval.
it,istar Sub acritw.,rAgrearnentfer°M1nn�s�� Court ET to Senrrc s{b xotec�trnsrtal�,c�r� c+es .F2 iEis d Gc char 12, rf 2
7 2.3 Until the User Acknowledgement Form required in Clause 7-.2.1 is
obtained; a Govemm°ent Subscriber's Individual User is prohibited from
accessing, using or disseminating Cotu-t Data Services, Court Records or
Court Documents, when available. The access, use or dissemination of
Court Data Services,Court Records.or Court Documents by a Government ,
Subscriber's Individual User -that has not completed a User
Acknowledgement Form as required in Clause-7,2.1 is a violation of fins
Agreement.
7.2.4 Governuncra Subscriber shall Keep all such written acknowledgements on
file while this Agt'eernent is in effect and for one (1) year following the
termination of this Agreement. Govenurrent Subscriber shall promptly
provide the Court with access to, and copies of, such acknowledgements
upon request.
7.2.5 The User Ackno-wledgment lr`orms are'incorporated.herein.by refereatec-
S. LICENSE AND PRO'['TCTltC3N OF PROPRIETARY RIGHTS, During the term of
this Agreemer_t,subject to the terms and conditions hereof,the Court,with the permission
of the SCAO, Hereby grants to Government Subscriber a nondxclusive, nontransferable,
limited license to use Court Data.Services Programs and Court Data Services Databases
to access or receive the Court.Records and Court Documents,when-available. SCAO and
the Court reserve the right to male modifications to the Court Data Services,Court Data
Services Programs, and Court Data. Services Databases, and related materials without
notice to Government Subscriber. These modifications shall be treated. in.all .respects as
their previous counterparts.
8.1. Court Data Services Progrrnrns. SCA.D is the copyriglit owner and licensor of
:he Court Data Services Programs. The combination. of ideas, procedures,
Processes, systems, logic, coherence and medlods of operation embodied within
the Court Data Services Programs, and all Wonuation contained in
documentation pertaining to the Court.Data Services Programs, including but not
l rnited to manuals, user documontxtion, and passwords, are trade secret
information ofSCAO and its licensors.
8.2 Court ]lata Services Databases. SC:A.C} is the copyright o•Nvsrer Mid licensor of
the Court Data Services Databases and of all. copyri&htable aspects. and
components thereof. All specifications and information pertaining to the Court
.-__._-----------Data
...Scrvicc�s..Datab -
Without liuzitation data schernas such as the Court XML Schema, are trade secret
inforniat.ion of SC:A€3 and its licensors.
8.3 Marks. Government Subscriber shall .neither have DOT claim any right, title, or
interest in or usc;of any trademark used is connection with. Court t7atttt Service,,
including but not limited to the marks"MNC-18"arnd"Odyssey."
8.4 Restrictions on Duplication,Disclosure,and Usc.
9.4.1- Txarle secret imform'ation of SC:A0 :and its licensors will be treated by
Government. 5obscriber in the sarine irraw e r as Court Con:fide'atial
Information. la addition, Government Subscriber will not copy any part
Master 8,ibscti�el'Agreea art for minnesota Court Data Services for Governrrvantal agencies. Revised 0clobar 112-2012
of the Cowt Data Services Programs ox Court Data Services Databases, or
reverse engineer or otherwise attempt to discern the source code of.the
Count Data Services Programs or Count Data Services Databases, or use
any trademark of SCAO or its licensors, in.any way or for any purpose not
specifically and expressly aueLorizee by this Agreement. As used herein,
"trade secret idormation of SCAO and its licensors" means an
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 frond its disclosure or. use. "Trade secret.information of SCAO and
its licensors" does not,however,include irafurmation which was known to
Government Subscriber prior. to Government Subscriber's receipt thereof,
either directly or indirectly, from SCAO or its licensors, information.
which is ialdepeadently developed by Government. Subscriber 'Mtnout
reference to ar use of infoimation received.from SCAO or its licensors,or
information whicll Would not qualify as a trade secret under Miriiesota
laze.
8.4.2 It will.not be a violation of Clause 8.4 for Gove nment Subscriber to make
tip to one (1) copy of training materials and configuration documentation
for each individual authorized to access, use, or configure Court Data
Services,so le.ly for its own use in connection with this Agreement.
8.4.3 . Government Subscriber will take all steps reasonably necessary to protect
the cap}aright,trade secret,and tradtrnark ragnts of SCAO and its licensors
and Government Subscriber will advise Government SubscHber's
individwd 'Users who are permitted access to any of the Court Data
Services Progrwits and Court Data Services Databases, and trade secret
ii'_fom)atiori of SCAO and its licensors, of dw restrictions, upon
duplica( on,disclosure and use contained in this Agreement.
8.5 Proprietary Notices. Cioverrunent Subsc.-riber will not remove any copyright or
proprietary notices included in and/or on the Court Datsa. Services Progran€is 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 Government Subserfoer will include is midlor on any copy of the
Cotu-t Data Services Programs or Court Data Services Databases, or trade secret
information of SC`AO and its licensors and tuiy doct meats pertaining-hereto, fho
same copyright, and other proprietary notices as....appear on the copies made.
. ..........._._.-____..._.-.....availabPeto 0overiuneat Subscriber-by SC,AO or t1re Court,except tint copyri�glit
notices shall bit updated and other .roprictary notices added as nay be
appropriate.
8,6 Title; Return. `Fhe Court Data. Services Programs and Cotat Data Services
Databases, and related documentation, including but not limited to tr iziing and
configuration material, if any, and logon account 4iformation and passwords,
made,available by the Count and SCAO to Government Subscriber horetmder,and
all copies, inc?udirg partial copies; thereof are and remain tl e property of the
respective licensor... Within teat days of the elective. date of termitia".ion of this
Agreement, Guvcrrnrnent..Subscriber shill either: (i) tminstall and return.any aad.
all copies of thc applicable CoLL-t Data Services Programs and Court Data
Master Sta�ycr�cr'A�ir4rrm�nt?oi NfEn;es�ta a4!rt Daf�>ery cis frar C;ev�rnm��la?fiy rct�� .r'uvis�d t ctraheir t2.,.2 i12
Ps��'EOc�f i�
Services Databases, and, related docurr,.entation. including but not limited to
training and configuration materials,if any,and logon account inforrnation;or(2)
destroy the salve a ad certify in writing to the Court that the.same have been
destroyed.
8.' Reasonable Security t Measures. The Court may add i-easonable security
measures including, but not limited to, a time-oat feature, to Court Data:Services
9. INJ"[iNCTIVI <'LI�:L+;I+'; LIABILITY. Government Subscriber ackno Adedges that fhe
Court, SCAO, SCAO's licensors, aitd DCA will be irreparably harmed if Government
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 Government Subscriber of its
obligations. Therefore, Goverm-vent Subscriber agrees that the Court, SCAO, SCAO's
licensors,and DCA shall be entitled to an injunction or any approp_iate decree of specific
performance for any actual or threatened violations or breaches by Government
Subscriber or Government Subscriber's Individual Users without the necessity of the
Court, SCAO, SCAO's licensors, or DCA showing actual daniages or that monetary
damages -would not afford: a.n adequate remedy. Unless Government Woscriber is an
office, officer, agency, department, division, or bureau of the state of Minnesota,
Government Subscriber shall be liable to the Court, SCAO, SCAO's Heelasors, and DCA.
for reasonable auoiney's fees incurred by the Court, SCAO, SCAO's licensors, and DCA
in Waining any relief'pursuant to this Agreement.
10. COMPItQ1MISE LIABII.I'I'V, Government Subscriber and.the Court agree that,except
as otherwise expressly provided. herein, each party will be responsible for its, o*n nets
and the results thereof to the extent authorized by law and shall not be responsible for the
acts of any of kors and the results thereof. Liability shall be governed by applicable law,
Without limiting the foregoing,iia bility of the Court acid any Eloven�rnent Siila>crl�7er that
is an office, officer, agency, department, division, or bureau of the state of Minnesota.
shall be governed by the provisions of the 1vlii.mesota Tort �"la s Act, Minnesota
Statutes, section 3.376, aad other applicable law. Without lireidng the foregoing, if
Government Subscriber is a political subdivision of:he state of Minnesota, liability of the
Siitiscriber shall be, governed by the provisions of Minn.. Stat. Ch. 466.('fort Liability,
Political Subdivisions)or other applicable law.
II. AVAILABILITY. Specific terms of ava lability shall be established by the; Court and
. -......set ford in the�Polices &Notices. The Court reserves Ole right--to t 1a_illato this
Agreement in mod r.*ely andlor temporarily susptmd Goverrunem Subscribers approved
Court Data Services hi the event th- capacity of any lost computer systcm or legislative
appropriation of funds is detenrined solely by the Court to be insufficient to ineet the
computer needs of the,coiuls served by the host computer system, Monthly fees, if any,
shall be prorated only for periods of suspension or upon termfiiat oe.of this Agrecrne:nt.
:I?. ADDITIONAL, USER OBLIGATIONS. The obligations of the C;ovemment
Subscriber set forth in tWs. section are in addition. to the other obligations of the
Government Subscriber set forth-1wwhcrc in this Agreement.
12A Judicial Policy Statement. Government Subscriber t~greea to coni,r-ily wi�-J al
policies identified in applicable Policies & Noti.m: . Upon Lailure of the
t'mster Si.,t)scrlt.er `or,Mimiesula Court Data Senircrss for taovernrr4ntal Agencies-•Revised Octc;t)car 12,2012
Page 1.1 of 15
Govextunent Subscriber to comply with such policies, the Court shall have the
option of itnunediaieiy suspending or terminating the Goverlunent Slibscriber's
Court Data ,Services on a. temporary basis and/or immediately terminating this
Agreement.
12.2 Access and'Use; Log.
12.2.1. Crovemment. Subscriber shall be responsible for all access to aad use of
Court Data Services, Court Records, and Cdu-rt Doomnents by
Government Subscriber's Individued Users or by means of Government
Subscriber's equipment or passwords, whether or n.o Government
Subscriber has knowledge of or authorizes such access and—use.
12.2.2 Governmeni Subscriber shall also maintain a log identifying all persons to
whom Clovernment Subscriber has disclosed its Court Confidential
Security'and Activation Information, such as user ID(s) and passwhrd(s),
including the date of such disclosure. Government Subscriber shall
ivauitain such logs while this Agreement is in effect and for a period of
one (l) .year following termination of this Agreen{ent. Government
Subscriber shall promptly pro%,ide the Court with access to,and,copies of,
such logs upon request.
12.23 Mia Court inay conduct a.uoits of Governrrient Subscriber's logs and use of
Court Data Services, Court Records, and Court Documents ioiu.t,irrie to
time. Upon Government Subscriber's failure to inaintain such logs, to
maintain accurate logs,or to promptly provide access by the Court to saich
logs, the Court may terminate this Ajppewaieat without prior notice to
tdoverainent Subscriber.
12.3, Persoutiel. Governtuent Subscriber agrees to investigate, at the request of the
Cc7iu t,. allegations of misconduct pertaining to Government Sub crit is
Individual Users having access to or use of Court Data. Services, Court
Confidential information, or trade secret information of the SCAC) and its
licensors wliere such persons violate the provisions of this Agreement,Policies &
Notices, Judicial Branch policies, or other security requirements or laws
regulatiag Access to the Court kecordz. Geverpxment Subscriber agrees to notify
the Court oi'the xesutts of such investigation.
.....__._._____13w_...._-__-' 'S;_).t'�'V S l+C�;1?S, L7:k t;_fl'MO T'R() R ,____...__------__...._.....__.-.----_-__._..._._,..____...____.._._.__..__._.-__.-__----..
13.1 Fees and Invoices. Applicable monthly fees commence ten(10) days after notice
of the C:ourt's approval of this Agreement or upon the initial. 0-ove.rtunent
Subscriber trarr:saction, as defined in the Policies & Nbtieics, vyhichever occurs
earlier. When fees 4pply, the State shall invoice Government Subscriber oa a
mont ly basis for charges incurred.in the preceding month and,applicable taxes,if
any, and payment of all axiounts shall be blue upon x—cesipt of invoice. If all.
amounts are not paid withi=i thirty(30)days of the ch to of the invoice, the Court
may immediately cancel this Agreement without notice to Government Subscriber
and, piirsue all available legal remedies. Government Subscdber certifies that
:-nerds have been appropriated for the payment of charges render this Agreement
for the current fiscal yea.,if applicable.
Master subscriber Pt«re—eme t.for Plinriwsota(,curt Deta Sor:ices for Govermiental A.gr-,•r do a-Rftisect Olaober 2,2W
f'ege ?2of1.5
Vz
13.2 Fees During Pilot Program. During the iaitial phase of the access to Court
Documents pilot program, the State will not charge, Government Subscriber for
access to Court Docurnwits. The State rnay charge Goveramont Subscriber for
access to Court Documents at a later date.
14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies &
Notices as provided herein, and the rnodifii.-d fees shall be affective oil the date specified
in the Policies & Notices, which shall not be Icss than -thirty (30) days from the
publication of the Policies & Notices. Government Subscriber shall have the option of
accepting such changes or terminating this Agreement as provided in section I hereole
WARR.ANTY DISCLAINME16.
15A W-kRRANTY. EXCLUSIONS. EXCEPT AS SPECIFICALLY
LY V41D
EXPRESSLY PROVIDED HEREIN, COLTIrf, SCAO, SCAO'S LICENSORS,
N-11) DCA MAIZE NO REPRESENTA:17IONS OR, WARRANTIES OF ANTY
KIND, INCLUDING BUT NOT LalTFED 10 THE NVz-2aMTIFS OF
FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY,NOR
ARR ANY -WARRANTIES TO BE M)LIED, wmrf R.F-spriCT T 0 THE
INFORMATION, SERVICES OR COMPU'117ER PROGRAMS MADE
AVAIL A. Bi.x trNDERTHiS AC REEK,
15.2 ACCURACY, COMPLETEMESS AND AVATIAM11TY OF
INFORM.4110N. '%WHOUT LWITING TWE GENIER�, YFY OF THE
PRCC.EDIXG PARAC;RAIIII, COUI;Cf, SCAO, SCAO'S I,'ICENSORS, AND
DCA MAKE NO WARRANTIES AS TO THE ACCTMACY OR
COMPLETENESS OFF TUE INFOPWATTON CONTAINED IN THE COURT
RECORD&THE COURT IS NOT LIA13IE FOR ANY COURT RECORDS OR
COURT DOCUMENTS :NOT AVAILABLE THROUGH COURT DATA
SERVICES I)VE TO COMPUTER OR NETWORK, MALFUNCTION,
MISTAKE OR USER ERROR.
16, RELATIONSHIP OF TUT. PARTIES. Government Subscriber is an mdependent
contractor mid shall not be deemed for any putl)ose to be an employee,partner,agent or
franchisee of the Court, SCAO, SCAO'S licensors, or DCA. Neither Goveraimnt
Subscribor 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 eny kind, express or
implicd,against or in the name of or on behalf:of the.other. '
................. .................
17. NO".110E. E'xcepf as provided.in Clause 2 regarding no does of or modifications to Comb
Data. Services and Policies &Notices, and in Clauses 13 and 14 regarding notices of or
modification of fees, any notice to Court or Government Subscriber hereunder shaft,be
deemed to have been received when personally delivered in writing or seventy-two (72)
hours after it has been deposited in the Ui3ited.Stateslnait, firA class, proper postage
prepaid, addressed to the party to whoin.it is intended at the address set forth on page one
of this Agreem(,nit or at swh other address Of w-hizi-L notice has been giver in acc ordanioe
herewith.
18. 1VY0N-WA.1VV-;R. The failure by either Part), at any time to enforce any of the proAsioris
of this Agreement or any right or rernedy available here.Under or at law or in equity, or to
Master SiCbscri'mr for?A innesota.Court D a 43 Services for Govc-rnnien to I Age-nde s-Rev Is ed October l 2,20 1,2
Page 13 6, 116
exercise any option herein provided, shall not constitt to a lvaiver of such. provision,
remedy, or option or in any way affect the validity of this Agreement. 'Me 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, F ORC-E MA,I:LUIE. Neither party shall be responsible for failure or dela-y, in the
perform,wice of their respective obligations bereund-ar caused by acts bey oad their
reasonable coit.tml.
20. SEVE,RARILIT'Y', Eveiy provision of this Agreeincnt shall be construed, to the extent
possible., so as to'be valid•ant/ enforceable, If any provision of. this Agreement so
construed is held by a court of competent jurisdiction to be invalid, illegal or othemise
unenforceable, such provision shall be deemed severed from this Agreement, and all
other provisions shall remain in frill force and effect,
21. ASSIGNME NIT AND MINDING EFFEC'I'. 'Except as otherwise expressly permitted
,herein, neither Party may assign, delegate and/or otherwise tratisfer this Agreement or
arty of its rights or obligations hereunder without the prior written consent of the oilier.
11iis A.g*cement slnti-1 be binding upon and inure to the benefit of the Parries hereto acid
their m,3pective successors mud assigns, including any corporation or other legal entity
into, by or with which Government S'abscriber may be merged., acquired or consolidated
or which may purchase the entire assets of Government Subscriber.
22. GOVERNING LVX. 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 SUMSDI(".1'ICIN. Any action arising out of or relating to this
Agreement, its perfarnrrayice,•enforceineiit or breach %vill be venued in a state or fed-oral
court situated within the State ofMinnesota. Goverrment Subscriber hereby irrevocably
consents and submits itself to the personal jurisdiction of said courts for that purpose.
24, Irl'MPGRATIO-N. This Agreement sets forth the entire Agreement and understanding;•
betweexi the Pailies regarding the subject matter hereof and supersedes any prior
representations, statertments, proposals, negotiations, disrussimis, understandings, or
agTeerneiats regardLng the same subject matter.. 13.xcept as otherwise expressly 1.31"ovided in
Clause 2 mgarding Court Data Services and Policies&Notices, a.r.d in Cla.rises 13 and 14
regarding fees, any amendinents or modifications to this Agrcement shall be, in.wr-ring
........... rigi d j?Y_:_hot/:._P.....� _-__.,..___��_.____ _—._____._..-------_..__.______.__
25. MINN:I!`„SKYFA DATA, PRACTICES ACT -APPLICABILITY. If Government
Subscriber is a -Minnesota Government entity tluxt is subject to' the lvlznnmota
Government Data Practices Act, Minn.. Stat. Ch. 13, Government Subscriber
acknowledges and agrees that: (1) the Court is not subject to Minn, Stat. CIL 13 (nee
section 13.90) but is subject to the Rales of Public.Access t itd other 1-11103 promulgated by
the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, sub67ision 4(e) requires
that Government Subscriber comply with the Rules of Public Access and. other rifles
promulgated by the Minnesota Suprcmc Court for access to Comt Records provided
loader chic Agre-einenk. (3) the use tW and ac is to Court Records may be restricted by
rules promulgated by the '.Mi unesota Supreme Court, applicable. state statute or federal
PJldstae bscri}�a=Aar rn rrt for MlnnazaLa Golirt:Data uen+iceas for Dove mmenta!ix..g amies—neviwil 0c oher'12.,2012
Payc� !�ai 15
laur; and (4) these applicable restrietioas must be followed in the appropriate
circumstances.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers., executed
this Agreement in duplicate,intending to b:;bound thereby.
1. GOVERNMENT SUBSCIUBE,R 2. `I`1F COURT
Gov.-maient Subscriber must attach
-documented verification of authrzty
to sign or. behalf of and bind the
entity, suoh a council resolution,
board authority or legally 'binding
decision rnaker mid attach same as
Exhibit C.
By By
(SIGNATURE) (SIGNATURE)
Date Date
Nant8(typed) Dean. Zuleger T :Fame(typed)
Title City Administrator Tine CIO/.Director
Information Technology
Division of State Court
Office w_ ..__.__..._.__.....__ _ _ office Administration
Master Subsu'Iter Agreement for itinrrescla Coot#Uala a^ervicess For Gc verrunerital Age=rdes-Re-Visas GrI1,aer 12,2012
Page"5 at 16