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SWIFT Contract#34550 <br /> MN0620500 <br /> Department of Public Safety,Agency must have a transaction record of all 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 agrees to pay BCA for access to the criminal justice data communications network described in Minn. <br /> Stat.§299C.46 as specified in this Agreement.The bills are sent quarterly for the amount of Five Hundred Ten <br /> Dollars($510.00)or a total annual cost of Two Thousand Forty Dollars($2,040.00). <br /> Agency will identify its contact person for billing purposes,and will provide updated information to BCA's <br /> Authorized Representative within ten business days when this information changes. <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 Thomas Kinney,Chief,2401 County Road 10,Mounds View,MN <br /> 55112,(763)717-4075,or his/her successor. <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,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 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. <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 /> 3 <br />