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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 />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 />DPS/BCA CJDN JPA_March 2021 <br />
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