Amendment to Criminal Justice Subscriber AgreementCOURT DATA SERIqCES SUBSCRIBER A= I'
CJDN SUBSCRIBER AGREEACIENT
This Court Data Services Subscriber Amendment C'Subscriber Amendment" is entered into by
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the State of Nfinnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, C'BCA") and the City of Chanhassen on behalf of its Prosecuting.Attom' e
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C'Agency"), and by and for the betefit of tb.e State of Minnesota acting tbrough its S=tate Couxt
A.dtnfiu'strator's Office ("'CourC) who ' shall be entitled to enforce any provisions hereof through
any legal action against any patty.
Recitals
This Subscriber Amendment modifies and supplements the Agreement between the BCA and
Agency, SWIFT Contract number 83317, of even or prior date, for Agency use. of BCA s-tems
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and tools {referred to herein as "the CJDN Subscriber Agreenerlt''). Certain BCA systems and
tools that include access to and/or submission of Court Records may only be utilized by the
,Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or
more BCA systems_ and 'toois to access and/ter submit Court Records to assist the Agency M the
efficient performance of its duties as required or authorized by law or court rale. Court' desires to
penuu su.cb access and/or submission. This Subscriber Amendment is intended to add Court as a
party to the CJDN Subsen~ber Agreement and to create obligations by the Agency to the Court
that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers
Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master .Authorization
Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber
Amendment on behalf of Court. Upon execution the Subscriber Amendment will be
incorporated into the CJDN Subscriber Agreement by reference. The BCA, the. Aency and the
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Court desire to an3end the CJDN Subscriber Agreement as stated below.
The CJDN Subscnber Agreement is amended by the addition of the following provisions:
1. TERM* TERMINATIONp ONGOING OBLIGATIONS. This Subscriber
Amendment shall be effective on the date finally. executed by all parties. and shall remain m
effect until expiration or termination of the CJDN 'Subscriber A.greeinent unless terminated
earlier as provided in this Amendment. Any party may terminate this Amendment with or
without case by giving written notice to all other parties. The effective date of the termination
shall be thirty days after the other party's receipt of the notice of termination, unless a. later date
is specified the notice. The provisions flf sections S through 9, 12.b., 12.c., and 15 through 24
shall survive any -termination of this Amendment as. -shall any other provisions which. by their
nature are intended or expected to survive such termination. Upon termination, the Subscriber
shall perforna the responsibilities set forthm' paragraph 7(f) hereof,
2. De itions. Unless- otherwise specifically clued, each term used herein shall
have the meaning assigned to such term in the CJDN Subscriber. Agreement.
a.. "Authorized Court Rata Services" means Court Data Services that have
been authorized for delivery to CJD -N Subscribers via BCA systems and tools pursuant to
an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data
Services to CJDN Subscribers ("Maker Autborization Agreement") between the Court
and the B CA.
b. "Court Data Services" means one or more of the services set forth on the
Justice Agency Resource webpage of the Minnesota, Judicial Branch website for which
the current address is www.court§.statejun.us) or other location designated by the Court,
as the sane may be amended from bine :to time. by. the Court.
C. `{Court Records" means all information in any form made available by
the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber
Amendment, including.
i. "Court Case fnform.4on" means any information in the Court
Records that conveys information about a particular case or
controversy, including without limitation Court Confidential Case
Information, as defined herein. _
ii. "Court Confidential CaseInformation"" means any information in
the Court Records that is inaccessible to the public pursuant to the
Rules *of Public .Access and that conveys information about a particular
case or controversy.
in". "Court Confidential Security and Activation Information" means
any information in the Court Records that is inaccessible to the public
pursuant to the Rules of Public Access and that expla�m how to use or
gain access to Court Data Services, including but not limited to login.
account names, passwords, TCP/IP addresses, Cort Data Services
user manuals, Court Data Services Programs, Court Data Services
Databases, and other technical information.
iv. "Court Confidential Ianformation" means any information in the
Court Records that is. inaccessible to the public pursuant to the Rules
of Public Access, including without limitation both. i) Court
Confidential Case Information; and ii) Court Confidential Secure
. .. Security
and Activation Information.
d. "DCA" shall mean the district courts of the state of Minnesota and their
respective staff.
e. "Policies & Notices" means the policies and notices published by the
Court in connection with each of its Court Data Services, on a website or other location
designated by the Court, as the same may be amended from time to tfine by the Court.
Policies & Notices for each Authonzed Court Data Seance identified In an approved
request form under. section 3, below, are hereby made part of this Subscriber Amendment
by this reference* and provide additional terms and conditions that govern Subscriber's
use of Court Records accessed through such services, including but not limited to
provisions on access and use limitations.
f. "Rules of Public Access" means the Rides of Public Access to Records of
the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
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amended forn time to time, including without limitation lists or tables published from
time to time by the Court entitled Limits ori Public Access to Case Records or Limits on
: ublic access to Administrative Records, all -of which by this reference are made a part of
this Subscriber Amendment. It is the obligation of Subscriber to check from *time to time
for updated rules, .lists, and tables and be familiar with the contents thereof. It is
contemplated that such rules, lists, and tables will be posted on the - Minnesota Judicial
Branch website, f6t which the current address is www.courts.state.mn.us,
g. "Courf ' shall mean the State of Minnesota, State Court Administrators
OfEce,
h. "Subscriber" shall mean the Agency.
11 "Subscriber Records" means any information in any form made available
by the Subscriber to the Court for the purposes of - carrying out this Subscriber
Amendment
3. REQUESTS FOR AUTHOIRTZED COURT DATA SERNICES. Following
execution of this Amendment by all parties, Subscriber may submit to the BCA one or :more
separate requests for Authorized Court Data Services. The BCA is authorized in the Master
Authorization. Agreement to process, credential and approve such requests on behalf of Court
and all such requests approved by the BCA are adopted and incorporated orated herein b this reference
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the same as if set forth verbatim herein.
a. Activation. �A.ctivation of the requested Authorized Court Data Service(s)
shall occur promptly following approval..
b. Rejection. Requests- may be rejected for any reason, at the discretion of
the B CA and/or the Court.
c. Requests for Termmation of one or Dere Authorized Court Data
Services. The Subscriber may request the termination of an Authorized CoW Data
Services previously requested by submitting a notice to Court with a copy to the BCA.
Promptly upon receipt of a. request for termination of a Authorized Court Data Service,
the BCA will deactivate the service requested. The termination of one or more
Aufihorized Court Data Services does not terminate this Subscriber Amendment.
Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon
terrni.nation of Authorized Court Data Services, the Subscriber .shall perform the
responsibilities. set .forth in paragraph 7(f hereof.
4. SCOPE OF ACCESS To COURT RECORDS I1IMT17ED. Subscriber's
access to and/or submission of the Court Records shall be limited to Authorized Court Data
Services identified in an approved request form under section. 3,, above, and other Court Records
necessary for Subscriber to use Authorized Court Data services.. Authorized Court Data Services
shall only be used according to the %nstructions provided in corresponding, Policies chi Notices or
other materials and only as -necessary to assist Subscriber in the efficient performance of
Subscriber's duties req=ired or authorised by law or court rule in connection with an civil,
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criminal, administrative, or arbitral proceeding in any Federal, State; or local court or agency or
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before any self-regulatory body. Subscriber's access to the Court Records for personal or non-
official use is prohibited. Subscriber will not use or attenipt to use Authorized Court Data
Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other.
Authorized Court Data Services documentation, and any such unauthorized use or
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attempted use the Court may ino_mediately terminate this Subscriber Amendment without prior
notice to Subscriber.
.$. GUARANTEES OF CONENT " I TY. Subscriber agrees:
a.. To not disclose Court Confidential Information to any third party except
where necessary to carry out the Subscriber's duties as required or authorized by law or
court rule in connection with any civil, criminal, administrative, or arbitral proceeding in
any Federal, State, or local court or agency or before any self-regulatory body.
b. To take all appropriate action, whether by - instruction, ag�re=ent, or
otherwise, to insure the protection, confidentiality and security of Court Confidential
Information and to satisfy Subscriber's obligations under this Subscriber Amendment:
c. To limit the use of and access to Court Confidential Information to
Subscriber's bona fide personnel whose use or access is necessary to effect the purposes
of this Subscriber permitted use of p
Amendment, and to advise each individual who is p
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and/or access to any Court Confidential information of the restrictions upon disclosure
and use contained in this Subscriber Amendment, requiring each individual who is
permitted use of and/or access to Court Confidential Information to acknowledge in
writing that the individual has read and. understands such restrictions. Subscriber shall
keep. such acknowledgements on file for one year following tenntination of the Subscriber
Amendment and/or CIDN Subscriber Agreement, whichever is longer, and shall provide
the Court with access to, and copies of, such acknowledgments upon request. For
purposes of this Subscriber Amendment, Subscribers bona fide personnel shall mean
individuals who are employees .of Subscriber or provide services to Subscriber either on a --
voluntary
voluntary basis or as indepen.detit contractors with Subscriber.
d, That, without limiting section 1 of this .Agreement; the obligations of
Subscriber .and its bona fide personnel with respect to the confidentiality and security of
Court Confidential Infornmation shall survive the ten'=' anon of 'dm' Subscriber
Amendment and the. CJDN _ Subscriber Agreement and the termination of the
relationship- with Subscriber.
e. That, notwithstanding any federal or state law applicable to the
nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this
Subsen'ber Amendment, such obligations of Subscriber and Subscriber's bona fide
personnel are founded independently on the provisions of this Subscriber Amendment.
6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS.
Subscriber acknowledges and agrees that all .Authorized Court Data Services and related Court
Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be
subject to the provisions of this Subscriber Amendment.
7. LICENSE AND PROTECTION OF PROPREETARY RIGHTS. During the
tern of this, Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby
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grants to Subscriber. a nonexclusive, nontransferable, -limited license to use Court Data SeMces
Programs and Court Data Services Databases to access or receive the Authorized Court Data
Services identified in an approved request . form under section 3, above, and related court
Records. Court reserves the right to make modifications to the Authorized Court Data Services,
Court Data Services Programs, and Court Data Services Databases, and related materials without
notice to Subscriber. These modifications shall be treated. in all respects as their previous
counterparts,
a, Court Data Services Programs. Court is the copyright owner and
licensor of the Court Data Services Programs, The combination of ideas; procedures,
processes, systems, logic, coherence and methods of operation embodied within the Court
Data Services Programs, and all information contained in documentation perta.i. * g. to the
Court Data Services Programs, including but not limited to manuals, user documentation,
and passwords-, are trade secret information of Court and its licensors..
b. Court Data Services Databases. Court is the copyright owner and
licensor of the Court Data Services, Databases and of all copyrightable aspects and
components thereof. All specifications and information pertaining to the Court Data
Services Databases and their structure, sequence and organization, including without-
limitation
ithoutlimitation data schemas such as the Court XML Schema., are trade secret information of
Court .and its licensors.
C. Marks. Subscriber shall neither have nor claim any right, title, or interest
in or use of any trademark used in connection with Authorized Court Data Services,
including but not limited to the marks INN CIS," and "Odyssey.,
& Restrictions on. Duplication, Disclosure, and Use. Trade secret
information of Court and its licensors will be treated by Subscriber 'in the same manner as
Court Confidential Information. In addition, Subscriber will not copy any part. of the
Court Data Services Programs or. Court Data, Services Databases, or reverse engineer or
otherwise attempt to discern the source code of the Court Data Services Programs' or
Court Data Services Databases, or use any trademark of Court or its licensors, in any way
or for any purpose not specifically and expressly authorized by this Subscriber
Amendments As used herein, "trade secret information of Court and its licensors" means
any information possessed by Court which derives independent economic value from not
being genera ly known t013.and not b6mg readily ascertainable by proper means by, other
persons who can obtain economic value from its disclosure or use. "Trade � secret
information of Court and its licensors" does not, however, include information which was
known to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly,
from Court or its licensors, information which is independently developed. by Subscriber
without refcrence to or use of information received from Court or its licensors, or
information which would not qualify as a trade secret under Minnesota law. It will not, be
a violation of this section 7, sub -section d, for Subscriber to make up to one copy of
training materials and configuration documentation, if any, for each individual authorized
to access, use, or col fig re Authorized Court Data Services, solely for its own use in
connection with- this Subscriber .amendment. Subscriber will take all steps reasonably
necessary to protect the cop yrr" ght, trade secret, and trademark rights of Court and its
licensors and Subscriber will advise its bona fide personnel who are permitted access to
any of the Court Data Services Programs and Court Data Services Databases, and trade
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secret information of Court and its licensors, of the restrictions upon duplication,
disclosure and use contained in this Subscriber Amendment,
e. Proprietary Notices. Subscriber will not remove any copyright or
proprietary notices included in and/or on the Court Data Services Programs or Court Data
Services Databases, related documentation, or trade secret information of Court and its
licensors, or any part thereof made available by- Court directly or through the BCA, if
any, and Subscriber will include in and/.or on any copy of the Court Data Services
Programs or Court Data Services Databases, or trade secret infornation of Court and its
licensors and any documents pertaining thereto, the same copght and other proprietary
notices as appear on the copies made available to Subscriber by Court directly or through
the ECA, except that copyright notices shall be updated and other proprietary notices
added as may be appropriate.
f. Title; Re%arn. The Court Data Services Programs and. Court Data
Services Databases, and related documentation, inc-14din.g but not limited to training and
configuration material, if any, and logon account information and passwords, if any,
made available by the Court to Subscnber directly or through the ECA. and all copies,
including partial copies, thereof are and remain the property of the respective licensor.
Except as expressly provided in section 12.b., within ten days of the effective date of
termination of this Subscriber Amendment or the CIDN Subscriber Agreement or within
ten days of a request for termination of Authorized. Court Data Service as described in
section 4. Subscriber shall either: (i) uninstall and return any and -all copies -of the
applicable Court Data Services Programs and Court Data Services Databases, and related
documentation, including but not limited to training and configuration rn tefials, if any,
and logon account information, if any; or (2) destroy the same and certify in Ming to
the Court that the same have been destroyed.
-S* JI CTWE RELIEF. Subscriber acknowledges that the Court, Court's
licensors, and DCA will be irreparably harmed if Subscriber's obligations' under this Subscriber
Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would
not have an adequate. remedy at law in the event of an actual or threatened violation by
Subscriber of its obligations. Therefore, Subscriber agrees that the Const, Court's licensors, and
DCA shall be entitled to an- injunction or any appropriate decree of specific performance for, any
actual or threatened violations or breaches by Subscriber or its bona ode personnel without the
necessiity of the Court, Court's licensors, or DCA. showing actual damages or that monetary
damages would not .afford an adequate remedy. Unless Subscriber is an office, officer, ageacy,
department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
Court's licensors, and. DCA for reasonable attorneys fees incurred by the Court, Court's
licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
9. LLABILITY. Subscriber and the Court agree that, except as otherwise expressly
provided herein, each party will be responsible for its own acts and the results thereof to the
extent authorized by. law and shall not be responsible for the acts of any others and the results
thereof. Liability shall be governed by applicable law. withouttiing the foregoing, liability
of the Court and any Subscriber that is an office, officer, agency, department,- division, or bureau
of the state of Minnesota shall be governed by theprovisions of the Minnesota Tort Claims .Act,
I JCinnesota Statutes, section 3.3761, and other applicable law. without limiting the foregoing, if
Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be
governed by the provisions -of Minn. Stat. Ch.. 466 (Tort Liability, Political Subdivisions) or
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other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the
BCA is governed by a separate agreement between the Court and the BCA dated December 13,
2010 with DPS_M -0958. :
10. AVAILABILITY. Specific tenn.s of availability shall be established by the
Cowart abed co am sated to Subscriber by the Court arad/•or the, BCA. The Court reserves the
right to terminate this - Subscriber Amendment immediately and/or temporarily suspend
Subscriber's Authorized Court Data Services in the event the capacity of any Bost computer :
system or legislative appropriation of funds is determined solely by the Court to be insufficient
to meet the computer needs of the courts served by the host computer system...
11. [reserved]
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set
forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere
in this Subscriber Amendment,
a. Judicial Policy Statement, Subscriber agrees to comply with all policies
identified in Policies .&. Notices applicable to Court Records accessed -by SubscriberuS"Mg
Authorized Court Data Services. Upon failure of the Subscriber to comply with such
policies, the Court shall have the option of immediately suspending the Subscriber's
Authorized Court Data Services on a temporary basis and/or immediately terminating this
Subscriber Amendment.
b. .,Access and Use; Log. Subscriber shall be responsible for all access to
and use of Authorized Court Data Services and Court Records by Subscriber's bona fide
personnel or by means of Subscriber's equipment or passwords, .whether or not
Subscriber has knowledge of or authorizes such access and use. - Subscriber shall also
maintain a log identi�g all persons to wham Subscriber has disclosed its Court
Confidential Security and Activation Information, such as user ID(s) and password(s),
including the date of .such disclosure. Subscriber shall maintain such logs for a minimum
period of six years from the date of disclosure, and shall provide the Court with access to.,
and copies o�, such logs. upon. request. The Court may conduct audits of Subscriber's
logs and use of'Authorized Court Data Services and Court Records from time to time.
Upon Subse ber's failure to maintain stich logs, to maintain accurate logs, or to promptly
provide access by the. Court to such logs, the . Court may tate this Subscriber
.Ai n-endmen:t v*ithout prior notice to Subscriber.
C. Person.neL Subscriber agrees to investigate, at the request of the Court
and/or the -B -CA, allegations of misconduct pertaining to Subscriber's bona fide personnel
having access to or use of Authorized Court Data Services, Court Confidential
Information, or trade secret information of -the Court and its licensors where such persons
are alleged to have violated the provisions of this Subscriber Amendment, Policies &
Notices, Judicial Branch. policies, or other security requirements. or laws regulating access
to the Court Records.
d.,. Mhnesota Data.. Practices Act Applicability. if Subscriber is a
Minnesota Government entity that is subject to the Minnesota Government Data Practices
Act, Min.n-, Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not
subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public
Access and other rules promulgated by the Mi
shall have the right nor the authority to assume, create or incur any liability or obligation of any
bind, express or implied, against or in the name of or on behalf of the other.
17. NOTICE. Except: as provided in section 2 regarding notices of or modifications
to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber
hereunder shall be deemed to have been received when personally delivered in writing or
seventy-two (72) hours after it has been deposited in the United States mail, first class, proper
postage prepaid, addressed to the party to whom it is intended at the address set forth on page
one of this Agreement or. at such other address of which notice has been given m accordance
herewith.
1�NON-WAIVER. The failure by any party at any time to enforce any of the
provisions of this Subscriber Amendment or any right or remedy available hereunder or at law- or
inn equity, or to exercise any option herein provided, shall not constitute a waiver of such
provision, remedy or option or 7n any way affect the validity of this Subscriber Amendment The
waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply
solely to the instance to which such waiver is directed.
19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for
failure or delay in the perfonnance of their respective obligations hereunder caused by acts
beyond their reasonable control.
20. S VERABILITY. Every provision of this subscriber Amendment shall be -
construed, to the extent possible, so as to be valid and enforceable. If any provision of this
Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,
illegal or otherwise unenforceable, such provision shall be deemed severed frons. this Subscriber
Amendment, and all other provisions shall remain in full force and effect.
21. ASSIGNMENT AND BEING EFFECT. Except as otherwise expressly
permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this
Subscriber Amendment or any of its - rights or obligations hereunder without the- prior written
consent of the other. This Subscriber amendment shall be binding upon and inure to the benefit
of the Parties hereto and their respective successor' and assigns, including any other legal r entity
into, by or with which Subscriber may be merged, acquired or consolidated..
22. GOVERNING LAW, This Subscriber Amendment shall in all respects be
governed by and interpreted, construed and enforced in accordance with the laws of the United
States and of the State of Minnesota'.
23, VENUE AND JURISDICTION. Any action arising out of or relating to this
Subscriber Amendment, its performance, enforcement or breach will -be venued in a state or
federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24, IONTEGRATION. This Subscriber Amendment contains all negotiations and
agreements between the parties. No other understanding regarding this Subscriber Amendment,
whether written or oral, may be used to bind either party, provided that all terms and conditions
of the CJDN Subscriber agreement and all previous amendments -remain in fill force and effect
except as supplemented or modified by this Subscriber Amendment.
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IN YV=S WHEREOF, the Pardes have, by th-eir duly authofized officers, -executed
this Subscriber Amendment in duplicate, intending to be bound thereby.
1. STATE EI` CUM13RANCE-VER-IFICATION
Individual cer1_Wz.tha1,*n& have been encumbered us
rtquited by Mbm. Std.L § S 16A.15 and 16C.O.
Name: A f
,APR 'TED)
Signed-.
Date: f 110
SWIFT Contract No.
Z. SUBSCRIBER (AGENCY)
Subscniber must attach written verification of
authority to sign on behalf of and bind the en*,
ign
such as an opm on of counsel or Tesolution.
Name: Thomas A. Fuxlong
(PRI - r
Siclopech
Tide: Mayor.
(with delegated authority)
Date:
Name; Todd Gerhardt
(PRINTED
:Signed:..
Title: City Clerk/Manager
(with delegated :authority
Date:
3, DEPARTM-EXT OF PTJBLIC SAFETY, BUREAU OF
CR-MINAL APPREEM-NSION
Name:
(PRINTED)
Si :. Original, Signed- By
grjed
Dana-G6-tz..'
MNJIS ExecutiV6 Director
Title:
(with delegated authority)
Date:
4. C-OAMUSSIONER OF ADARNETRATION
delegated to Materials M_ agement Division
By: Iv
Date:
S. COURTS L� Q )k
Authority granted to Bureau. of Criminal Apprqhenslon
Name: # CEE .. ) "
(PRINTED)
Signed:
Title: C
(with authorized auth city)
Date:
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