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Res. #22-003 - Approving State of MN JPA on Behalf of its City Attorney - BCA
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Res. #22-003 - Approving State of MN JPA on Behalf of its City Attorney - BCA
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1/31/2022 8:01:11 AM
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Wolff-ons 1Y.-I I D III, ; 9 VA 'I I V, <br />t � • •If , <br />This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the <br />State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal <br />Apprehension, ("BCA") and the City of Centerville on behalf of its Prosecuting Attorney <br />("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court <br />Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any <br />legal action against any party. <br />Recitals <br />This Subscriber Amendment modifies and supplements the Agreement between the BCA and <br />Agency, SWIFT Contract number 202571, of even or prior date, for Agency use of BCA systems <br />and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and <br />tools that include access to and/or submission of Court Records may only be utilized by the Agency <br />if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA <br />systems and tools to access and/or submit Court Records to assist the Agency in the efficient <br />performance of its duties as required or authorized by law or court rule. Court desires to permit <br />such access and/or submission. This Subscriber Amendment is intended. to add Court as a party to <br />the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be <br />enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for <br />Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") <br />between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on <br />behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN <br />Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the <br />CJDN Subscriber Agreement as stated below. <br />The CJDN Subscriber Agreement is amended by the addition of the following provisions: <br />1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber <br />Amendment shall be effective on the date finally executed by all parties and shall remain in effect <br />until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as <br />provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment <br />with or without cause by giving written notice to all other parties. The effective date of the <br />termination shall be thirty days after the other party's receipt of the notice of termination, unless a <br />later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 <br />through 24 shall survive any termination of this Subscriber Amendment as shall any other <br />provisions which by their nature are intended or expected to survive such termination. Upon <br />termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. <br />2. Definitions. Unless otherwise specifically defined, each term used herein shall have <br />the meaning assigned to such term in the CJDN Subscriber Agreement. <br />1 <br />
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