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Agenda Packets - 2025/03/24
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Agenda Packets - 2025/03/24
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Last modified
3/28/2025 6:01:33 PM
Creation date
3/25/2025 2:44:52 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
3/24/2025
Description
Regular Meeting
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SWIFT Contract#264316 <br /> M N062091A <br /> 9.3 Sanctions Involving Only Court Data Services <br /> The following provisions apply to those systems and tools covered by the Court Data Services Subscriber <br /> Amendment, if it has been signed by Governmental Unit.As part of the agreement between the Court and <br /> the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber <br /> Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its <br /> own initiative or when directed by the Court. The decision to suspend or terminate access may be made as <br /> soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an <br /> investigation has occurred. The decision to suspend or terminate may also be made based on a request <br /> from the Authorized Representative of Governmental Unit. The agreement further provides that only the <br /> Court has the authority to reinstate access and use. <br /> 9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment <br /> and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and <br /> use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is <br /> only at the direction of the Court. <br /> 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its <br /> Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an <br /> investigation as described in Clause 9.1 may occur. <br /> 10 Venue <br /> Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal <br /> court with competent jurisdiction in Ramsey County, Minnesota. <br /> 11 Termination <br /> 11.1 Termination.The BCA or the Governmental Unit may terminate this Agreement at any time,with or without <br /> cause, upon 30 days' written notice to the other party's Authorized Representative. <br /> 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not <br /> obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued <br /> at a level sufficient to allow for the payment of the services covered here.Termination must be by written <br /> notice to the other party's authorized representative.The Governmental Unit is not obligated to pay for any <br /> services that are provided after notice and effective date of termination. However, the BCA will be entitled <br /> to payment, determined on a pro rata basis,for services satisfactorily performed to the extent that funds <br /> are available. Neither party will be assessed any penalty if the agreement is terminated because of the <br /> decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack <br /> of funding must be provided within a reasonable time of the affected party receiving that notice. <br /> 12 Continuing Obligations <br /> The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data <br /> Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue. <br /> THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK <br /> 6 <br /> DPS/BCA CJDN JPA_March 2021 <br />
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