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6/19/2013 12:19:40 PM
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1/15/2015 3:15:01 PM
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Roseville City Council
Document Type
Council Resolutions
Meeting Date
5/13/2013
Resolution #
11069
Resolution Title
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ROSEVILLE ON BEHALF OF ITS CITY ATTORNEY
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SWIFT Contract#60437 <br /> 7 Audits MN062061A <br /> 7.1 Under Minn.Stat. § 16C.05, subd. 5,the Agency's books,records,documents,internal policies and accounting <br /> procedures and practices relevant to this Agreement are subject to examination by the BCA,the State Auditor or <br /> Legislative Auditor,as appropriate, for a minimum of six years from the end of this Agreement.Under Minn. Stat. § <br /> 6.551,the State Auditor may examine the books,records,documents,and accounting procedures and practices of <br /> BCA.The examination shall be limited to the books,records, documents,and accounting procedures and practices <br /> that are relevant to this Agreement. <br /> 7.2 Under applicable state and federal law,the Agency's records are subject to examination by the BCA to ensure <br /> compliance with laws,regulations and policies about access,use,and dissemination of data. <br /> 73 If Agency accesses federal databases,the Agency's records are subject to examination by the FBI and Agency will <br /> cooperate with FBI examiners and make any requested data available for review and audit. <br /> 7.4 To facilitate the audits required by state and federal law,Agency is required to have an inventory of the equipment <br /> used to access the data covered by this Agreement and the physical location of each. <br /> 8 Government Data Practices <br /> 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, <br /> Minn. Stat. Ch. 13,as it applies to all data accessible under this Agreement,and as it applies to all data created, <br /> collected,received,stored,used,maintained, or disseminated by the Agency under this Agreement.The remedies of <br /> Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the <br /> BCA. <br /> 8.2 Court Records.If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in <br /> Clause 2.12 in order to access and/or submit Court Records via BCA's systems,the following provisions regarding <br /> data practices also apply. The Court is not subject to Minn. Stat.Ch. 13 (see section 13.90)but is subject to the Rules <br /> of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties <br /> acknowledge and agree that Minn. Stat. § 13.03,subdivision 4(e)requires that the BCA and the Agency comply with , <br /> the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. <br /> All parties also acknowledge and agree that the use of,access to or submission of Court Records,as that term is <br /> defined in the Court Data Services Subscriber Amendment,may be restricted by rules promulgated by the Minnesota <br /> Supreme Court,applicable state statute or federal law. All parties acknowledge and agree that these applicable <br /> restrictions must be followed in the appropriate circumstances. <br /> 9 Investigation of alleged violations;sanctions <br /> For purposes of this clause,"Individual User"means an employee or contractor of Agency. <br /> 9.1 Investigation.Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected <br /> violations of federal law, state law, and policies and procedures referenced in this Agreement.When BCA becomes <br /> aware that a violation may have occurred,BCA will inform Agency of the suspected violation,subject to any <br /> restrictions in applicable law.When Agency becomes aware that a violation has occurred,Agency will inform BCA <br /> subject to any restrictions in applicable law. <br /> 9.2 Sanctions Involving Only BCA Systems and Tools. <br /> The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber <br /> Amendment. <br /> 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment,Agency <br /> must determine if and when an involved Individual User's access to systems or tools is to be temporarily or <br /> permanently eliminated.The decision to suspend or terminate access may be made as soon as alleged violation is <br /> discovered,after notice of an alleged violation is received,or after an investigation has occurred. Agency must report <br /> the status of the Individual User's access to BCA without delay. <br /> 4 <br />
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