D-5. Approve Resolution for Minnesota Access Master Agreement0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
MEMORANDUM
TO: Mayor & City Council
FROM: Todd Gerhardt, City Manager
DATE: March 14, 2016 DY�
SUBJ: Approve Resolution Authorizing Entering into the Minnesota Government
Access Master Subscriber Agreement, and Authorize the Mayor to Sign
Agreements Necessary for that Agreement
PROPOSED MOTION:
"The City Council Approves a Resolution Authorizing Entering into the Minnesota
Government Access Master Subscriber Agreement, and Authorizes the Mayor to Sign
Agreements Necessary for that Agreement."
Approval requires a simple majority vote of the City Council.
The Minnesota Judicial Branch (the Courts) is changing the way that court information will
be accessed by government prosecution agencies. We currently use a software -based system
for accessing MNCIS (Minnesota Court Information System) data, called Odyssey
Assistant. This software is provided to participating prosecuting agencies by the State. They
are switching over to a web -based system for access called MGA (Minnesota Government
Access). In order to continue our access to this court data, the new system requires that each
government entity sign a Master Subscriber Agreement acknowledging the City's
(prosecutor's) permissible uses of the court information and documents available on the
system.
Recreation Center
2310 Coulter Boulevard The Minnesota Judicial Branch also needs documentation that the person signing the Master
Phone: 952.227.1400 Subscriber Agreement actually has authority to sign the Agreement on behalf of the city —
Fax: 952.227.1404 thus the need for a resolution authorizing the signature.
Planning & The term of the agreement is en -ended. It can be terminated without cause b either art
Natural Resources g p Y party
Phone: 952.227.1130 at any time. (Paragraph 1.2).
Fax: 952.227.1110
There are currently no costs associated with this access (as is the case under the current
Public Works system). The Master Subscriber Agreement contains provisions regarding monthly fees;
7901 Park Place however, I have been informed by the Minnesota Judicial Branch that these provisions are
Phone: 952.227.1300 contained in the document only in the event that fees are required in the future. At this point
Fax: 952.227.1310 in time they have no expectation that this access will require fees.
Senior Center I have attached a proposed Resolution and a copy of the Master Subscriber Agreement. The
Phone: 952.227.1125 Minnesota Judicial Branch requires the resolution as proof that the person signing the
Fax: 952.227.1110 Agreement has authority from the City to do so.
Website ATTACHMENTS
www.ci.chanhassen.mn.us
1. Resolution.
2. Master Subscriber Agreement.
g:\admin\tg\prosecution\mga master subscriber agreement cc memo 03-14-2016.docx
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: March 14, 2016 RESOLUTION NO: 2016 -
MOTION BY:
SECONDED BY:
RESOLUTION AUTHORIZING ENTERING INTO THE MINNESOTA
GOVERNMENT ACCESS MASTER SUBSCRIBER AGRREEMENT AND
AUTHORIZE THE MAYOR TO SIGN AGREEMENTS NECESSARY FOR THAT
AGREEMENT
WHEREAS, the City of Chanhassen is located in the State of Minnesota; and
WHEREAS, The State of Minnesota is implementing a new Court data access system
(MGA); and
WHEREAS, access to Court data is important for the City of Chanhassen in its legal
obligations to provide prosecution services for the City through its City Attorney; and
WHEREAS, the State of Minnesota requires that the City Council approve entering into
the Minnesota Government Access Master Subscriber Agreement and designate a signer for the
agreement;
NOW, THEREFORE, BE IT RESOLVED, that the City of Chanhassen Council
approves entering into the Minnesota Government Access Master Subscriber Agreement and
authorizes the Mayor to enter said agreement by signing any required agreements on behalf of
the City of Chanhassen.
Passed and adopted by the Chanhassen City Council this 14`h day of March, 2016.
ATTEST:
Todd Gerhardt, City Manager
Denny Laufenburger, Mayor
YES NO ABSENT
MASTER SUBSCRIBER AGREEMENT
FOR MINNESOTA COURT DATA SERVICES
FOR GOVERNMENTAL AGENCIES
THIS AGREEMENT is entered into by and between
City of Chanhassen
(Government Subscriber Name)
of 7700 Market Blvd., P.O. Box 147, Chanhassen, Minnesota 55024
(Government Subscriber Address)
(hereinafter "Government Subscriber") and THE STATE OF MINNESOTA
Office of State Court Administration
of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155
(hereinafter "the Court").
Recitals
The Court offers Court Data Services, as defined herein, to Minnesota Government
Subscribers as authorized by the Rules of Public Access and Court Order. The Court Data Set -vices
are offered to Government Subscribers as governmental units and are offered solely for certain
governmental use as permitted herein. Government Subscriber desires to use Court Data Services,
and the Court desires to provide the same, to assist Government Subscriber in the efficient
performance of its governmental 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.
Court Data Services are defined in the Definitions section of this Agreement and may
involve a one-way or two-way transmission of information between the parties, some of which may
include court information that is not accessible to the public pursuant to the Rules of Public Access
and which may not be disclosed by Government Subscriber without the prior approval of the
appropriate court or record custodian. Government Subscriber agrees herein to limit its access to
and use of Court Records and Court Documents through Court Data Services to the Government
Subscriber's "Legitimate Governmental Business Need" as defined herein.
Ap,reement
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements
contained herein, the Court and Government Subscriber agree as follows:
1. TERM; TERMINATION; ONGOING OBLIGATIONS.
1.1 Term. This Agreement shall be effective on the date executed by the Court and
shall remain in effect according to its terms.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 1 of 14
1.2 Termination.
1.2.1 Either party may terminate this Agreement with or without cause by giving
written notice to the other party. The effective date of the termination shall be thirty
(30) days after the other party's receipt of the notice of termination, unless a later
date is specified in the notice. Termination of this Agreement pursuant to Clause 4.5
shall be effective immediately and may occur without prior notice to Government
Subscriber.
1.2.2 The provisions of Clauses 5, 6, 8, 9, 10, 12.2, 12.3 and 15 through 24 shall
survive any termination of this Agreement, as shall any other provisions that by their
nature are intended or expected to survive such termination. Upon termination, the
Government Subscriber shall perform the responsibilities set forth in paragraph 8.6
hereof.
1.3 Subsequent Agreement. This Agreement may be superseded by a subsequent
agreement between the parties.
2. DEFINITIONS.
2.1 "Agency Account Manager" means the Government Subscriber employee assigned
with the tasks of. (1) being the point of contact for communications between
Government Subscriber and the Court; (2) maintaining a current list Government
Subscriber's Individual Users and their signed User Acknowledgment Forms and
promptly notifying the Court when Government Subscriber's Individual Users with
individual logins should have accounts added or deleted; (3) reporting violations of
this agreement by Government Subscriber's Individual Users and steps taken to
remedy violations to the Court.
2.2 "Court Data Services" means one or more of the following services and includes
any additional or modified services identified as such on the Justice Agency
Resource webpage of the Minnesota Judicial Branch website, which is currently
www.mncourts.gov, or other location designated by the Court and/or its affiliates, as
the same may be amended from time to time by the Court and/or its affiliates:
2.2.1 "Bulk Data Delivery" means the electronic transmission of Court Records in
bulk form from the Court to the Government Subscriber, from one or more of
the Court's databases and through any means of transmission, as described in
applicable Policies & Notices and materials referenced therein.
2.2.2 "Court Integration Services" means pre -defined automated transmissions of
i) Court Records from the Court's computer systems to Government
Subscriber's computer systems; and/or ii) Government Subscriber Records
from the Government Subscriber's computer systems to the Court's computer
systems; on a periodic basis or as triggered by pre -determined events, as
described in applicable Policies & Notices and materials referenced therein.
2.2.3 "MNCIS Login Accounts" means a digital login account created for and
provided to the Government Subscriber for online access to and use of Court
Records and Court Documents maintained by the Minnesota Court
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 2 of 14
Information System ("MNCIS"), as described in applicable Policies &
Notices and materials referenced therein.
2.3 "Court Data Services Databases" means any databases and the data therein, used
as a source for Court Data Services, together with any documentation related thereto,
including without limitation descriptions of the format or contents of data, data
schemas, and all related components.
2.4 "Court Data Services Programs" means any computer application programs,
routines, transport mechanisms, and display screens used in connection with Court
Data Services, together with any documentation related thereto.
2.5 "Court Records" means all information in any form made available by the Court
and/or its affiliates to Government Subscriber for the purposes of carrying out this
Agreement, including:
2.5.1 "Court Case Information" means any information in the Court Records that
conveys information about a particular case or controversy, including without
limitation Court Confidential Case Information and Court Documents, as
defined herein.
2.5.2 "Court Confidential Case Information" means any information in the
Court Records (including Court Documents) that is inaccessible to the public
pursuant to the Rules of Public Access and that conveys information about a
particular case or controversy.
2.5.3 "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 explains how to use or gain access to
Court Data Services, including but not limited to login account names,
passwords, TCP/IP addresses, Court Data Services user manuals, Court Data
Services Programs, Court Data Services Databases, and other technical
information.
2.5.4 "Court Confidential Information" 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 Security and Activation Information.
2.5.5 "Court Documents" means electronic images of documents that are part of
or included in a court file.
2.6 "DCA" means the District Court Administrator pursuant to Minnesota Statutes,
section 485.01.
2.7 "Government Subscriber Records" means any information in any form made
available by the Government Subscriber to the Court and/or its affiliates for the
purposes of carrying out this Agreement.
2.8 "Government Subscriber's Individual Users" means Government Subscriber's
employees or independent contractors whose use or access of Court Data Services,
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 3 of 14
as well as the access, use and dissemination of Court Records (including Court
Documents), is necessary to effectuate the purposes of this Agreement.
2.9 "Legitimate Governmental Business Need" means a requirement, duty or
obligation for the efficient performance of governmental tasks or governmental
responsibilities and 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.
2.10 "Policies & Notices" means the policies and notices published by the Court and/or
its affiliates in connection with each of its Court Data Services, on a website or other
location designated by the Court and/or its affiliates, as the same may be amended
from time to time by the Court and/or its affiliates. Policies & Notices for each
Court Data Service, hereby made part of this Agreement by reference, provide
additional terms and conditions that govern Government Subscriber's use of such
services, including but not limited to provisions on fees, access and use limitations,
and identification of various third party applications, such as transport mechanisms,
that Government Subscriber may need to procure separately to use Court Data
Services.
2.11 "Rules of Public Access" means the Rules of Public Access to Records of the
Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be
amended from time to time, including without limitation lists or tables published
from time to time by the Court and/or the SCAO entitled "Limits on Public Access
to Case Records" or "Limits on Public Access to Administrative Records," all of
which by this reference are made a part of this Agreement. It is the obligation of
Government Subscriber to check from time to time for updated rules, lists, and tables
and be familiar with the contents thereof. Such rules, lists, and tables are posted on
the main website for the Court, for which the current address is www.mncourts.gov.
2.12 "SCAO" means the State of Minnesota, State Court Administrator's Office.
2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota Court
Data Services for Governmental Agencies, including all Exhibits, Policies &
Notices, and other documents referenced, attached to, or submitted or issued
hereunder.
2.14 "Trade Secret Information of SCAO and its licensors" is defined in sections 8.1,
8.2 and 8.4 of this Agreement.
2.15 "User Acknowledgement Form" means the form signed by Government
Subscriber's Individual Users to confirm in writing that the Individual User has read
and understands the requirements and restrictions in this Agreement (Exhibit A).
3. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT AGENCY. Following
execution of this Agreement by both parties, Government Subscriber will be offered access
to the Court Records (including Court Documents) described in the Government Subscriber
Access Chart, which is posted on the Policies & Notices.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 4 of 14
4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT DATA
SERVICES AND COURT RECORDS LIMITED; TRAINING; VIOLATIONS;
SANCTIONS.
4.1 Authorized Access to Court Data Services and Court Records.
4.1.1 Government Subscriber and Government Subscriber's Individual Users shall
access only the Court Data Services and Court Records (including Court
Documents) necessary for a Legitimate Governmental Business Need.
4.1.2 The access of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal or non -official use, or any use that is not a
"Legitimate Governmental Business Need" as defined herein, is prohibited.
4.1.3 Government Subscriber and Government Subscriber's Individual Users shall
not access or attempt to access Court Data Services or Court Records
(including Court Documents) in any manner not set forth in this Agreement,
Policies & Notices, or other Court Data Services documentation.
4.2 Authorized Use of Court Data Services and Court Records.
4.2.1 Government Subscriber and Government Subscriber's Individual Users shall
use the Court Data Services and Court Records (including Court Documents)
accessed only for a Legitimate Governmental Business Need and according
to the instructions provided in corresponding Policies & Notices or other
materials.
4.2.2 The use of Court Data Services or Court Records (including Court
Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal or non -official use, or any use that is not a
"Legitimate Governmental Business Need" as defined herein, is prohibited.
4.2.3 Government Subscriber and Government Subscriber's Individual Users shall
not use or attempt to use Court Data Services or Court Records (including
Court Documents) in any manner not set forth in this Agreement, Policies &
Notices, or other Court Data Services documentation.
4.3 Dissemination of Court Records. Government Subscriber and Government
Subscriber's Individual Users shall not share the Court Records (including Court
Documents) accessed and data therefrom with third parties and other individuals
other than as needed to further a Legitimate Governmental Business Need.
4.4 Training. Government Subscriber
Individual Users training in the proper
Records (including Court Documents).
4.5 Violations.
shall provide Government Subscriber's
access, use, and dissemination of Court
4.5.1 The access, use, or dissemination of Court Data Services or Court Records
(including Court Documents) beyond what is necessary for a Legitimate
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 5 of 14
Governmental Business Need by Government Subscriber or Government
Subscriber's Individual Users is a violation of this Agreement. The access,
use or dissemination of Court Data Services or Court Records (including
Court Documents) by Government Subscriber or Government Subscriber's
Individual Users for personal use is a violation of this Agreement.
4.5.2 Any violation pursuant to Clause 4.5.1, or any unauthorized or attempted
access, use or dissemination of Court Data Services, Court Records or Court
Documents by Government Subscriber or Government' Subscriber's
Individual Users shall be grounds for the Court to impose sanctions as
described in Clause 4.6 and to terminate this Agreement without prior notice
to Government Subscriber and/or Government Subscriber's Individual Users.
4.6 Sanctions.
4.6.1 Sanctions for a violation pursuant to Clause 4.5.1 may be imposed upon a
Government Subscriber and/or Government Subscriber's Individual Users
and may include the suspension of access or termination of access for
Government Subscriber and/or Government Subscriber's Individual Users.
4.6.2 If the Court decides to terminate the access for Government Subscriber and/or
Government Subscriber's Individual Users, the Court shall notify the affected
party in writing. The termination shall be effective immediately. Prior
notice to Government Subscriber and/or Government Subscriber's Individual
Users is not required. Reinstatement of the access shall only be upon the
written direction of the Court.
5. GUARANTEES OF CONFIDENTIALITY. Government Subscriber agrees:
5.1 To not disclose Court Confidential Information to any third party except where
necessary to carry out the Government Subscriber's Legitimate Governmental
Business Need as defined in this Agreement.
5.2 To take all appropriate action, whether by instruction, agreement, or otherwise, to
insure the protection, confidentiality and security of Court Confidential Information
and to satisfy Government Subscriber's obligations under this Agreement.
5.3 To limit the use of and access to Court Confidential Information to Government
Subscriber's Individual Users. Government Subscriber shall advise Government
Subscriber's Individual Users of the restrictions upon access, use and disclosure
contained in this Agreement, requiring each Government Subscriber's Individual
User to acknowledge in writing that the individual has read and understands such
restrictions. Government Subscriber's Individual Users shall sign the User
Acknowledgment Form (Exhibit A) before accessing Court Data Services.
5.4 That, without limiting Clause 1 of this Agreement, the obligations of Government
Subscriber and Government Subscriber's Individual Users with respect to the
confidentiality and security of Court Confidential Information shall survive the
termination of this Agreement and the termination of their relationship with
Government Subscriber.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 6 of 14
5.5 That, notwithstanding any federal or state law applicable to the nondisclosure
obligations of Government Subscriber and Government Subscriber's Individual
Users under this Agreement, such obligations of Government Subscriber and
Government Subscriber's Individual Users are founded independently on the
provisions of this Agreement.
5.6 That, a violation of Government Subscriber's agreements contained in this Clause 5,
or a violation of those same agreements by Government Subscriber's Individual
Users, shall be grounds for the Court to terminate this agreement and Government
Subscriber and/or Government Subscriber's Individual Users access to Court Data
Services and Court Records (including Court Documents).
6. APPLICABILITY TO COURT CASE INFORMATION PROVIDED UNDER
LEGAL MANDATE AND PREVIOUSLY DISCLOSED COURT RECORDS AND
COURT DOCUMENTS. Subscriber acknowledges and agrees:
6.1 Court Case Information Provided Under Legal Mandate. When the Court is
required to provide Government Subscriber with Court Case Information under a
legal mandate and the provision of such data by the Court is not optional or
otherwise left to the discretion of the Court, for example in the case of a state
statutory reporting requirement, the provisions of this Agreement that govern or
restrict Government Subscriber's access to and use of Court Case Information do not
apply to the specific data elements identified in the legal mandate, but remain in
effect with respect to all other Court Case Information provided by the Court to
Government Subscriber. All other provisions of this Agreement remain in full
effect, including, without limitation, provisions that govern or restrict Government
Subscriber's access to and use of Court Confidential Security and Activation
Information.
6.2 Previously Disclosed Court Records and Court Documents. Without limiting
section 6. 1, all Court Records and Court Documents disclosed to Government
Subscriber prior to the effective date of this Agreement shall be subject to the
provisions of this Agreement.
7. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT
RECORDS UNDER THIS AGREEMENT.
7.1 Requirement to Advise Government Subscriber's Individual Users. To affect
the purposes of this Agreement, Government Subscriber shall advise each of
Government Subscriber's Individual Users who are permitted to use and/or access
Court Data Services and Court Records (including Court Documents) under this
Agreement of the requirements and restrictions in this Agreement.
7.2 Required Acknowledgement by Government Subscriber's Individual Users.
7.2.1 Government Subscriber shall require each of Government Subscriber's
Individual Users to sign the User Acknowledgement Form (Exhibit A).
7.2.2 The User Acknowledgement Forms of current Government Subscriber's
Individual Users must be obtained prior to submitting this Agreement to the
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 7 of 14
Court for approval and shall accompany the submission of this Agreement
for approval.
7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is signed, a
Government Subscriber's Individual User is prohibited from accessing, using
or disseminating Court Data Services and Court Records (including Court
Documents). The access, use or dissemination of Court Data Services or
Court Records (including Court Documents) by a Government Subscriber's
Individual User that has not completed a User Acknowledgement Form as
required in Clause 7.2.1 is a violation of this Agreement.
7.2.4 Government Subscriber shall keep all such written User Acknowledgment
Forms on file while this Agreement is in effect and for one (1) year following
the termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such acknowledgements
upon request to the Agency Account Manager.
7.2.5 The User Acknowledgment Forms are incorporated herein by reference.
8. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this
Agreement, subject to the terms and conditions hereof, the Court, with the permission of the
SCAO, hereby grants to Government Subscriber a nonexclusive, nontransferable, limited
license to use Court Data Services Programs and Court Data Services Databases to access or
receive Court Records (including Court Documents). SCAO and the Court reserve the right
to make modifications to the Court Data Services, Court Data Services Programs, and Court
Data Services Databases, and related materials without notice to Government Subscriber.
These modifications shall be treated in all respects as their previous counterparts.
8.1 Court Data Services Programs. SCAO 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 pertaining to the
Court Data Services Programs, including but not limited to manuals, user
documentation, and passwords, are trade secret information of SCAO and its
licensors.
8.2 Court Data Services Databases. SCAO 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 data schemas such as the Court XML Schema, are trade secret information
of SCAO and its licensors.
8.3 Marks. Government Subscriber shall neither have nor claim any right, title, or
interest in or use of any trademark used in connection with Court Data Services,
including but not limited to the marks "MNCIS" and "Odyssey."
8.4 Restrictions on Duplication, Disclosure, and Use.
8.4.1 Trade secret information of SCAO and its licensors will be treated by
Government Subscriber in the same manner as Court Confidential
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 8 of 14
Information. In addition, Government 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 SCAO or its licensors, in any way or for any purpose not
specifically and expressly authorized by this Agreement. As used herein,
"trade secret information of SCAO and its licensors" means any information
possessed by SCAO which derives independent economic value from not
being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure
or use. "Trade secret information of SCAO and its licensors" does not,
however, include information which was known to Government Subscriber
prior to Government Subscriber's receipt thereof, either directly or indirectly,
from SCAO or its licensors, information which is independently developed
by Government Subscriber without reference -to or use of information
received from SCAO or its licensors, or information which would not qualify
as a trade secret under Minnesota law.
8.4.2 It will not be a violation of Clause 8.4 for Government Subscriber to make up
to one (1) copy of training materials and configuration documentation for
each individual authorized to access, use, or configure Court Data Services,
solely for its own use in connection with this Agreement.
8.4.3 Government Subscriber will take all steps reasonably necessary to protect the
copyright, trade secret, and trademark rights of SCAO and its licensors and
Government Subscriber will advise Government Subscriber's Individual
Users who are permitted access to any of the Court Data Services Programs
and Court Data Services Databases, and trade secret information of SCAO
and its licensors, of the restrictions upon duplication, disclosure and use
contained in this Agreement.
8.5 Proprietary Notices. Government 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
SCAO and its licensors, or any part thereof, made available by SCAO or the Court,
and Government Subscriber will include in and/or on any copy of the Court Data
Services Programs or Court Data Services Databases, or trade secret information of
SCAO and its licensors and any documents pertaining thereto, the same copyright
and other proprietary notices as appear on the copies made available to Government
Subscriber by SCAO or the Court, except that copyright notices shall be updated and
other proprietary notices added as may be appropriate.
8.6 Title; Return. The Court Data Services Programs and Court Data Services
Databases, and related documentation, including but not limited to training and
configuration material, if any, and logon account information and passwords, made
available by the Court and SCAO to Government Subscriber hereunder, and all
copies, including partial copies, thereof are and remain the property of the respective
licensor. Within ten days of the effective date of termination of this Agreement,
Government 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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 9 of 14
materials, if any, and logon account information; or (2) destroy the same and certify
in writing to the Court that the same have been destroyed.
8.7 Reasonable Security Measures. The Court may add reasonable security measures
including, but not limited to, a time-out feature, to Court Data Services Programs.
9. INJUNCTIVE RELIEF; LIABILITY. Government Subscriber acknowledges that the
Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government
Subscriber's obligations under this Agreement are not specifically enforced and that the
Court, SCAO, SCAO's licensors, and DCA would not have an adequate remedy at law in
the event of an actual or threatened violation by Government Subscriber of its obligations.
Therefore, Government Subscriber agrees that the Court, SCAO, SCAO'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 Government Subscriber or Government
Subscriber's Individual Users without the necessity of the Court, SCAO, SCAO's licensors,
or DCA showing actual damages or that monetary damages would not afford an adequate
remedy. Unless Government Subscriber is an office, officer, agency, department, division,
or bureau of the state of Minnesota, Government Subscriber shall be liable to the Court,
SCAO, SCAO's licensors, and DCA for reasonable attorney's fees incurred by the Court,
SCAO, SCAO's licensors, and DCA in obtaining any relief pursuant to this Agreement.
10. COMPROMISE LIABILITY. Government 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. Without
limiting the foregoing, liability of the Court and any Government Subscriber that is an
office, officer, agency, department, division, or bureau of the state of Minnesota shall be
governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section
3.376, and other applicable law. Without limiting the foregoing, if Government 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
other applicable law.
11. AVAILABILITY. Specific terms of availability shall be established by the Court and set
forth in the Polices & Notices. The Court reserves the right to terminate this Agreement
immediately and/or temporarily suspend Government Subscriber's approved Court Data
Services in the event the capacity of any host 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. Monthly fees, if any, shall be prorated only
for periods of suspension or upon termination of this Agreement.
12. ADDITIONAL USER OBLIGATIONS. The obligations of the Government Subscriber
set forth in this section are in addition to the other obligations of the Government Subscriber
set forth elsewhere in this Agreement.
12.1 Judicial Policy Statement. Government Subscriber agrees to comply with all
policies identified in applicable Policies & Notices. Upon failure of the Government
Subscriber to comply with such policies, the Court shall have the option of
immediately suspending or terminating the Government Subscriber's Court Data
Services on a temporary basis and/or immediately terminating this Agreement.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 10 of 14
12.2 Access and Use; Log.
12.2.1 Government Subscriber shall be responsible for all access to and use of Court
Data Services and Court Records (including Court Documents) by
Government Subscriber's Individual Users or by means of Government
Subscriber's equipment or passwords, whether or not Government Subscriber
has knowledge of or authorizes such access and use.
12.2.2 Government Subscriber shall also maintain a log identifying all persons to
whom Government Subscriber has disclosed its Court Confidential Security
and Activation Information, such as user ID(s) and password(s), including
the date of such disclosure. Government Subscriber shall maintain such logs
while this Agreement is in effect and for a period of one (1) year following
termination of this Agreement. Government Subscriber shall promptly
provide the Court with access to, and copies of, such logs upon request.
12.2.3 Government Subscriber, through the Agency Account Manager, shall
promptly notify the Court when Government Subscriber's Individual Users
with individual logins should have accounts added or deleted. Upon
Government Subscriber's failure to notify the Court of these changes, the
Court may terminate this Agreement without prior notice to Government
Subscriber.
12.2.4 The Court may conduct audits of Government Subscriber's logs and use of
Court Data Services and Court Records (including Court Documents) from
time to time. Upon Government Subscriber's failure to maintain such logs,
to maintain accurate logs, or to promptly provide access by the Court to such
logs, the Court may terminate this Agreement without prior notice to
Government Subscriber.
12.3 Personnel. Government Subscriber agrees to investigate (including conducting
audits), at the request of the Court, allegations of misconduct pertaining to
Government Subscriber's Individual Users having access to or use of Court Data
Services, Court Confidential Information, or trade secret information of the SCAO
and its licensors where such persons violate the provisions of this Agreement,
Policies & Notices, Judicial Branch policies, or other security requirements or laws
regulating access to the Court Records. Government Subscriber, through the Agency
Account Manager, agrees to notify the Court of the results of such investigation,
including any disciplinary actions, and of steps taken to prevent further misconduct.
Government Subscriber agrees to reimburse the Court for costs to the Court for the
investigation of improper use of Court Data Services, Court Records (including
Court Documents), or trade secret information of the SCAO and its licensors.
13. FEES AND INVOICES. Applicable monthly fees commence ten (10) days after notice of
the Court's approval of this Agreement or upon the initial Government Subscriber
transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply,
the State shall invoice Government Subscriber on a monthly basis for charges incurred in
the preceding month and applicable taxes, if any, and payment of all amounts shall be due
upon receipt of invoice. If all amounts are not paid within thirty (30) days of the date of the
invoice, the Court may immediately cancel this Agreement without notice to Government
Subscriber and pursue all available legal remedies. Government Subscriber certifies that
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 11 of 14
funds have been appropriated for the payment of charges under this Agreement for the
current fiscal year, if applicable.
14. MODIFICATION OF FEES. SCAO may modify the fees by amending the Policies &
Notices as provided herein, and the modified fees shall be effective on the date specified in
the Policies & Notices, which shall not be less than thirty (30) days from the publication of
the Policies & Notices. Government Subscriber shall have the option of accepting such
changes or terminating this Agreement as provided in section 1 hereof.
15. WARRANTY DISCLAIMERS.
15.1 WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND
EXPRESSLY PROVIDED HEREIN, COURT, SCAO, SCAO'S LICENSORS,
AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS
FOR PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY
WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION,
SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS
AGREEMENT.
15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF
INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE
PRECEDING PARAGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND DCA
MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF
THE INFORMATION CONTAINED IN THE COURT RECORDS. THE COURT
IS NOT LIABLE FOR ANY COURT RECORDS OR COURT DOCUMENTS
NOT AVAILABLE THROUGH COURT DATA SERVICES DUE TO
COMPUTER OR NETWORK MALFUNCTION, MISTAKE OR USER ERROR.
16. RELATIONSHIP OF THE PARTIES. Government Subscriber is an independent
contractor and shall not be deemed for any purpose to be an employee, partner, agent or
franchisee of the Court, SCAO, SCAD'S licensors, or DCA. Neither Government
Subscriber nor the Court, SCAO, SCAO'S licensors, or DCA shall have the right nor the
authority to assume, create or incur any liability or obligation of any kind, express or
implied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in Clause 2 regarding notices of or modifications to Court
Data Services and Policies & Notices, and in Clauses 13 and 14 regarding notices of or
modification of fees, any notice to Court or Government 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 in accordance
herewith.
18. NON -WAIVER. The failure by either Party at any time to enforce any of the provisions of
this Agreement or any right or remedy available hereunder or at law or in equity, or to
exercise any option herein provided, shall not constitute a waiver of such provision, remedy
or option or in any way affect the validity of this Agreement. 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.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 12 of 14
19. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the
performance of their respective obligations hereunder caused by acts beyond their
reasonable control.
20. SEVERABILITY. Every provision of this Agreement shall be construed, to the extent
possible, so as to be valid and enforceable. If any provision of this Agreement so construed
is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable,
such provision shall be deemed severed from this Agreement, and all other provisions shall
remain in full force and effect.
21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted
herein, neither Party may assign, delegate and/or otherwise transfer this Agreement or any
of its rights or obligations hereunder without the prior written consent of the other. This
Agreement shall be binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns, including any corporation or other legal entity into, by or
with which Government Subscriber may be merged, acquired or consolidated or which may
purchase the entire assets of Government Subscriber.
22. GOVERNING LAW. This Agreement 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 Agreement,
its performance, enforcement or breach will be venued in a state or federal court situated
within the State of Minnesota. Government Subscriber hereby irrevocably consents and
submits itself to the personal jurisdiction of said courts for that purpose.
24. INTEGRATION. This Agreement sets forth the entire Agreement and understanding
between the Parties regarding the subject matter hereof and supersedes any prior
representations, statements, proposals, negotiations, discussions, understandings,; or
agreements regarding the same subject matter. Except as otherwise expressly provided in
Clause 2 regarding Court Data Services and Policies & Notices, and in Clauses 13 and 14
regarding fees, any amendments or modifications to this Agreement shall be in writing
signed by both Parties.
25. MINNESOTA DATA PRACTICES ACT APPLICABILITY. If Government Subscriber
is a Minnesota Government entity that is subject to the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, Government 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 Minnesota Supreme Court; (2) Minn.
Stat. section 13.03, subdivision 4(e) requires that Government Subscriber comply with the
Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for
access to Court Records provided under this Agreement; (3) the use of and access to Court
Records may be restricted by rules promulgated by the Minnesota Supreme Court,
applicable state statute or federal law; and (4) these applicable restrictions must be followed
in the appropriate circumstances.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 13 of 14
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this
Agreement, intending to be bound thereby.
1. GOVERNMENT SUBSCRIBER
Government Subscriber must attach
documented verification of authority
to sign on behalf of and bind the
entity ("Master Subscriber
Agreement Signing Authority"),
such as a council resolution, board
authority or legally binding decision
maker, and attach same as Exhibit B.
By
(SIGNATURE)
Date
Name (typed)
Title
Office
2. THE COURT
CA
LE
(SIGNATURE)
Title: Staff Attorney - Legal Counsel Division
Date:
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 14 of 14
(SIGNATURE)
Date
Title
CIO/Director
Information Technology
Division of State Court
Office
Administration
Form and execution approved
3
for Court by:
LE
(SIGNATURE)
Title: Staff Attorney - Legal Counsel Division
Date:
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies — Revised September 29, 2015
Page 14 of 14
User Acknowledgment Form
The Agency identified below that I work for has contracted with the Office of State Court Administration (the
"Court") for the access and use of the Court's Records and Documents. Under that contract, the Agency is
required to have employees, student attorneys and contractors sign the written acknowledgment below before
they are permitted access.
of
I, -,as an employee/student attorney/contractor
("the Agency"), state the
following:
1. I have read and understand the requirements and restrictions in the Master Subscriber Agreement for
Minnesota Court Data Services for Governmental Agencies between the Agency and the Court.
2. I understand that I am not to share my login and password inform boli.
3. I shall access and use the Court Records and Cotut DocitinenN, provided for only "legitimate
governmental business needs." I understand a "legitimate govertunental business need" is limited to a
requirement, duty or obligation for the efficient performance of governmental tasks or governmental
responsibilities that is required or authorized ; by law ;.or cazut Wile :in connection with any civil, criminal,
administrative, or arbitral.proceeding in any FederW State or local court or agency or before any self-
regulatory body.
4. I shall not access or use Court Records poi• C.'oudboctuYieiits for personal or non -official use or any use
that is not a legitimate governmental business neer as defined in paragraph 3, above.
5. I will not share Court Record of Co ul Documents with third parties other than as needed to further
legitimate governmental business needs as define in paragraph 3, above.
6. 1 understand that the Court is not liable for any Court Records or Court Documents not available due to
computer or network malftunction, mistake or user error. The Court makes no warranties as to the
completeness or accuracy of the CoiutRecords and Court Documents provided.
7. I agree;; 'to notify the Court when I no longer work for the Agency or no longer have a legitimate
governmental 6xishiess need for Court Records and Court Documents. I agree to stop accessing court records
and documents Mien this occurs.
8. I understand that Should I violate paragraphs 3., 4., or 5., it would result in the suspension or termination
of my access to Court Records and Documents, and may result in the suspension or termination of the access to
Court Records and Documents by the Agency, and other civil and criminal liability.
Date: By:
Employee/Student Attorney/Contractor for Agency
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies e Revised September 29, 2015
Exhibit A