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03-13-23-R
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03-13-23-R
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SWIFT Contract # 223957 <br />M N 062021A <br />method of access and can change the methodology following the process in Clause 2.10. <br />2.3 Federal Systems Access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may <br />provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime <br />Information Center. <br />2.4 Governmental Unit Policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have <br />policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality <br />assurance, screening (pre -employment), security, timeliness, training, use of the system, and validation. <br />Governmental Unit has created its own policies to ensure that Governmental Unit's employees and <br />contractors comply with all applicable requirements. Governmental Unit ensures this compliance through <br />appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from <br />time to time, are incorporated into this Agreement by reference. The policies are available at <br />https://bcanextest.x.state.mn.us/launchpad/. <br />2.5 Governmental Unit Resources. To assist Governmental Unit in complying with the federal and state <br />requirements on access to and use of the various systems and tools, information is available at <br />https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is <br />found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data <br />available at https://bcanextest.x.state.mn.us/launchpad/ciisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS. <br />2.6 Access Granted. <br />A. Governmental Unit is granted permission to use all current and future BCA systems and tools for <br />which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all <br />applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; <br />and (iii) acceptance by BCA of Governmental Unit's written request for use of a specific system or tool. <br />B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative <br />authority to make written requests for those systems and tools provided by BCA that the <br />Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is <br />eligible. <br />2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit <br />with access to those systems or tools which may become available after the signing of this Agreement, to <br />the extent that the access is authorized by applicable state and federal law. Governmental Unit agrees to be <br />bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools <br />provided under this Agreement. <br />2.8 Limitations on Access. BCA agrees that it will comply with applicable state and federal laws when making <br />information accessible. Governmental Unit agrees that it will comply with applicable state and federal laws <br />when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own <br />compliance with the most current applicable state and federal laws. <br />2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA <br />and the Governmental Unit regarding access to and use of systems and tools provided by BCA. <br />2.10 Requirement to Update Information. The parties agree that if there is a change to any of the information <br />whether required by law or this Agreement, the party will send the new information to the other party in <br />writing within 30 days of the change. This clause does not apply to changes in systems or tools provided <br />under this Agreement. <br />This requirement to give notice additionally applies to changes in the individual or organization serving the <br />Governmental Unit as its prosecutor. Any change in performance of the prosecutorial function must be <br />provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. <br />2.11 Transaction Record. The BCA creates and maintains a transaction record for each exchange of data utilizing <br />its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause <br />7, there must be a method of identifying which individual users at the Governmental Unit conducted a <br />DPS/BCA CJDN JPA_March 2021 <br />
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