Res. #22-003 - Approving State of MN JPA on Behalf of its City Attorney - BCA

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SWIFT Contract # 202571 MN0D139A 9,3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, ifithas been signed byGovernmental Unit. Aspart mfthe agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative orwhen directed bythe Court. The decision tosuspend orterminate access may 6emade as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision tosuspend orterminate may also bemade based onarequest from the Authorized Representative ofGovernmental Unit. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Governmental Unit understands that ifithas signed the Court Data Services Subscriber Amendment and if Governmental Unit's Individual Users violate the provisions of that Amendment, access and use will besuspended byBCAorCourt. Governmental Unit also understands that reinstatement is only atthe direction mfthe Court. 9.3.2 Governmental Unit further agrees that if Governmental Unit believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all lega I proceedings involving this Agreement, or its breach, must be in the appropriate state or federa I court with competent jurisdiction inRamsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or witho cause, upon 30 days' written notice to the other party's Authorized Representative. 11.2 Termination for Insufficient Funding, Either party may immediately terminate this Agreement if it does n obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party's authorized representative. The Governmental Unit is not obligated to pay for a, services that are provided after notice and effective date of termination. However, the BCA will be entitle to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lac of funding must be provided within a reasonable time of the affected party receiving that notice. 'I 12 Continuing Obligations The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data Practices; 9.Investigation ofAlleged Violations; Sanctions; and Venue. THE BALANCE 0RTHIS PAGE INTENTIONALLY LEFT BLANK DPS/nCAODmJ PA_March2O21