HomeMy WebLinkAbout6.b. Approval of Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies and Master Subscriber Agreement Amendment for “FAST Access” 4 ROSEMOLINT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting:
AGENDA ITEM: Approval of Master Subscriber Agreement
For Minnesota Court Data Services For Governmental AGENDA SECTION:
Agencies and Master Subscriber Agreement Amendment Consent
For "FAST Access."
PREPARED BY: Eric T. Werner, Chief of Police AGENDA NO. ‘9.bs
ATTACHMENTS: Resolution, Master Subscriber
Agreement For Minnesota Court Data Services For
Governmental Agencies and Master Subscriber Agreement APPROVED BY:
Amendment For "FAST Access."
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RECOMMENDED ACTION: Motion to approve the attached resolution approving the
Master Subscriber Agreement For Minnesota Court Data Services For Governmental
Agencies and Master Subscriber Agreement Amendment For "FAST Access."
BACKGROUND
As the Minnesota Judicial Branch moves towards a paperless court, the eCourtMN initiative is committed
to ensuring that non-court governmental agencies have appropriate access to court records and
documents. The FAST (First Appearance and Support Track)Access Dakota County Pilot Program will
permit attorneys in the offices of the Rosemount City Attorney to electronically access court records and
court documents in Dakota County Adult Criminal cases scheduled for the first appearance,bail hearing
and arraignment calendars. Document access will be required utilizing laptop computers. Only authorized
government, student and contract attorneys will have limited access through the MNCIS Government
Access. On the day of the court calendar, attorneys will be provided the security passwords allowing
access limited to that calendar and to the designated court and detention facilities and to that particular
day. Attorneys will be able to access both public and confidential data. Sealed documents will not be made
available in the FAST Access Pilot.
Before any attorney is granted use of FAST Access the attorney will sign a required Individual User
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Ackn w 1 edgment Forms for the FAST Access Pilot. The Judicial Branch intends to audit compliance with
this requirement. Sanctions are possible for non-compliance.
The Rosemount City Attorney has reviewed the Master Subscriber Agreement and Master Subscriber
Agreement Amendment.
While in the initial phase of the pilot, fees will not be charged for the use of FAST Access. Fees may be
charged at a later date.
RECOMMENDED ACTION
It is recommended the City Council approve the Master Subscriber Agreement and Master Subscriber
Agreement Amendment.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2012 -
Approving Master Subscriber Agreement For Minnesota Court Data Services For
Governmental Agencies and Master Subscriber Agreement Amendment For First
Appearance Support Track (FAST) Access
WHEREAS, the City of Rosemount desires to improve efficiencies through participating in a paperless
court process with the Minnesota Judicial Branch;and
WHEREAS, the City Attorney for the City of Rosemount has reviewed the Master Subscriber Agreement
for Governmental Agencies and Master Subscriber Agreement Amendment for First Appearance Support
Track Access;and
WHEREAS, as the Minnesota Judicial Branch moves towards a paperless court, the eCourtMN initiative
is committed to ensuring that non-court governmental agencies have appropriate access to court records
and documents. The FAST Access Dakota County Pilot Program will permit attorneys' electronic access
to court records and documents in Dakota County Adult Criminal Cases scheduled for first appearance,
bail hearing and arraignment calendars.
WHEREAS, the City of Rosemount desires to subscribed to the FAST Access Dakota County Pilot
Program that will permit attorneys in the offices of the Rosemount City Attorney to electronically access
court records.
NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemount,Minnesota,
as follows:
The MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA GOVERNMENTAL AGENCIES
AND MASTER SUBSCRIBER AGREEMENT AMENDMENT for the FAST (First Appearance
Support Track) Access Dakota County Pilot Program is approved and the Mayor and Clerk are authorized
and directed to execute and deliver said documents.
ADOPTED this 4th day of December by the City Council of the City of Rosemount.
William H. Droste,Mayor
ATTEST:
Amy Domeier,City Clerk
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MASTER SUBSCRIBER AGREEMENT
FOR MINNESOTA COURT DATA SERVICES
FOR GOVERNMENTAL AGENCIES
THIS AGREEMENT is entered into by and between
City of Rosemount
(Government Subscriber Name!Name of Entity)
of 2875 145th Street West Rosemount, MN 55068
(Government Subscriber Address)
(hereinafter "Government Subscriber") and THE STATE OF MINNESOTA
Office of State Court Administration
(Judicial District OR Office of State Court Administration)
of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul,Minnesota 55155
(Address)
(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. The Court Data Services 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.
The access to statewide public Court Documents is a pilot program. During the initial
phase of the pilot program, the State will not charge Government Subscriber for access to Court
Documents. The State may charge Government Subscriber for access to Court Documents at a
later date or after the initial phase of the pilot program concludes.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements contained herein, the Court and Government Subscriber agree as follows:
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies--Revised October 12, "'012
Page 1 of 15
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.
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 "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
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Resource webpage of the Minnesota Judicial Branch website, which is currently
www.courts.state.mn.us, 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:
2.1.1 "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.
2.1.2 "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.
2.1.3 "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 through the Minnesota Court
Information System ("MNCIS"), as described in applicable Policies &
Notices and materials referenced therein.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012
Page 2 of 15
2.1.4 "ViBES Login Accounts" means a digital login account created for and
provided to the Government Subscriber for online access to and use of
Court Records through the Violations Bureau Electronic System
("ViBES"), as described in applicable Policies & Notices and materials
referenced therein.
2.2 "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.
2.3 "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.
2.4 "Court Documents" means electronic images of documents that are part of or
included in a court file when the electronic images become available. Court
Documents have a document security classification as follows:
2.4.1 "Publicl" means the classification used for documents that are accessible
to the general public in electronic form from any location.
2.4.2 "Public2" means the classification used for documents that are accessible
to the general public in electronic form at the courthouse, but not from any
other location.
2.4.3 "Public2 Citation" means the classification used for Court Payment
Center documents that are accessible to the general public in electronic
form at the courthouse,but not from any other location.
2.4.4 "Confidentiall" means the classification used for documents that are not
accessible to the general public in electronic form, but are available to
Government Subscribers with legal authorization to access the case under
Minn. R. Pub. Access 8, subd. 4(b).
2.4.5 "Confidential2" means the classification used for documents that are not
accessible to the public in electronic form and is not accessible to
Government Subscribers except as authorized by specific court rules or
orders that identify the specific document to be accessed.
2.4.6 "Sealedl" means the classification used for documents that are not
accessible to anyone except by court order or specific authorization.
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:
2.5.0 "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,when available, as defined herein.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012
Page 3 of 15
2.5.1 "Court Confidential Case Information" 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.
2.5.2 "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.
2.5.3 "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.
2.6 "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, as well as the access, use and dissemination of Court Records and 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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
Page 4 of 15
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. It is contemplated
that such rules, lists, and tables will be posted on the main website for the Court,
for which the current address is www.courts.state.mn.us.
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 attached to this document as
Exhibit B, 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.
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 Data Services described in Exhibit A, attached hereto and
incorporated by reference.
4. AUTHORIZED ACCESS, USE, AND DISSEMINATION OF COURT RECORDS
AND COURT DOCUMENTS LIMITED; TRAINING; VIOLATIONS;
SANCTIONS.
4.1 Authorized Access to Court Data Services, Court Records and Court
Documents.
4.1.1 Government Subscriber and Government Subscriber's Individual Users
shall access only the Court Data Services, Court Records and Court
Documents, when available, necessary for a Legitimate Governmental
Business Need.
4.1.2 The access of Court Data Services, Court Records or Court Documents,
when available, 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, Court Records
or Court Documents, when available, in any manner not set forth in this
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
Page 5 of 15
Agreement, Policies & Notices, or other Court Data Services
documentation.
4.2 Authorized Use of Court Data Services, Court Records and Court
Documents.
4.2.1 Government Subscriber and Government Subscriber's Individual Users
shall use the Court Data Services, Court Records and Court Documents,
when available, 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, Court Records or Court Documents, when
available, 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, Court Records or
Court Documents, when available, in any manner not set forth in this
Agreement, Policies & Notices, or other Court Data Services
documentation.
4.3 Dissemination of Court Records and Court Documents. Government
Subscriber and Government Subscriber's Individual Users shall not share the
Court Records or Court Documents, when available, 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 shall provide Government Subscriber's
Individual Users training in the access, use, and dissemination of Court Records
and Court Documents.
4.5 Violations.
4.5.1 The access or use of Court Data Services, Court Records or Court
Documents, when available, beyond what is necessary for a Legitimate
Governmental Business Need by Government Subscriber or Government
Subscriber's Individual Users is a violation of this Agreement. The
dissemination of Court Records or Court Documents, when available, by
Government Subscriber or Government Subscriber's Individual Users
with third parties or other individuals beyond what is necessary for a
Legitimate Governmental Business Need is a violation of this Agreement.
The access, use and dissemination of Court Data Services, Court Records
or Court Documents, when available, 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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
Page 6 of 15
Court Documents, when available, 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, or Court Documents, when
available, 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 Court Documents, when available, 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
Acknowledgment Form attached in Exhibit B 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 and Court
Documents, when available, shall survive the termination of this Agreement and
the termination of their relationship with Government Subscriber.
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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012
Page 7 of 15
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, Court Records and Court Documents, when available.
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 effect
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, Court Records and Court Documents, when available, 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 B).
7.2.2 The User Acknowledgement Forms of current Government Subscriber's
Individual Users must be obtained prior to submitting this Agreement to
the Court for approval and shall accompany the submission of this
Agreement for approval.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
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7.2.3 Until the User Acknowledgement Form required in Clause 7.2.1 is
obtained, a Government Subscriber's Individual User is prohibited from
accessing, using or disseminating Court Data Services, Court Records or
Court Documents, when available. The access, use or dissemination of
Court Data Services, Court Records or 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 acknowledgements 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.
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 the Court Records and Court Documents, when available. 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
Information. In addition, Government Subscriber will not copy any part
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Page 9 of 15
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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies- Revised October 12, 2012
Page 10 of 15
Services Databases, and related documentation, including but not limited to
training and configuration 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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
Page 11 of 15
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.
12.2 Access and Use; Log.
12.2.1 Government Subscriber shall be responsible for all access to and use of
Court Data Services, Court Records, and 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 The Court may conduct audits of Government Subscriber's logs and use of
Court Data Services, Court Records, and 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, 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 agrees to notify
the Court of the results of such investigation.
13. FEES; INVOICES; FEES DURING PILOT PROGRAM.
13.1 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
funds have been appropriated for the payment of charges under this Agreement
for the current fiscal year, if applicable.
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
Page 12 of 15
13.2 Fees During Pilot Program. During the initial phase of the access to Court
Documents pilot program, the State will not charge Government Subscriber for
access to Court Documents. The State may charge Government Subscriber for
access to Court Documents at a later date.
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 A 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, SCAO'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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12, 2012
Page 13 of 15
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.
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
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies—Revised October 12,2012
Page 14 of 15
law; and (4) these applicable restrictions must be followed in the appropriate
ro riate
circumstances.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Agreement in duplicate, intending to be bound thereby.
1. GOVERNMENT SUBSCRIBER 2. THE COURT
Government Subscriber must attach
documented verification of authority
to sign on behalf of and bind the
entity, such a council resolution,
board authority or legally binding
decision maker and attach same as
Exhibit C.
By By
(SIGNATURE) (SIGNATURE)
Date December 4, 2012 Date
Name (typed) Amy Domeier Name (typed) Mark Moore
Title City Clerk Title CIO/Director
Information Technology
Division of State Court
Office City of Rosemount Office Administration
Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies- Revised October 12,2012
Page 15of15
MASTER SUBSCRIBER AGREEMENT
AMENDMENT FOR "FAST ACCESS"
THIS AGREEMENT AMENDMENT is entered into by and between
City of Rosemount
(Government Subscriber Name/Name of Entity)
of 2875 145th Street West. Rosemount,MN 55068
(Government Subscriber Address)
(hereinafter "Government Subscriber") and THE STATE OF MINNESOTA
Office of State Court Administration
(Judicial District OR Office of State Court Administration)
of 25 Rev. Dr. Martin Luther King Jr. Blvd. St. Paul, Minnesota 55155
(Address)
(hereinafter"the Court").
Recitals
This Master Subscriber Agreement Amendment for FAST Access ("Amendment") modifies and
supplements the Master. Subscriber Agreement for Minnesota Court Data Services for
Governmental Agencies between Government Subscriber and the Court ("Agreement"). This
Amendment provides the framework for Government Subscriber's Individual Users access to
FAST Access. FAST Access provides certain, qualified individual users with web-based access
to Court Records and Court Documents in cases where they qualify for access.
Amendment
The Master Subscriber Agreement for Minnesota Court Data Services for Governmental
Agencies is modified and supplemented by the addition of the following provisions:
1. DEFINITIONS. The definitions of the Agreement are incorporated herein.
1.1 "MNCIS Government Access"means the web-based software that provides
government agencies with remote Internet access to electronic records in MNCIS.
1.2 "FAST Access" (First Appearance Support Track) means a MNCIS Government
Access login that provides Government Subscriber's Individual Users with access
to Court Records and Court Documents at the court facility and any detention
area, as designated by county court administration, in cases scheduled on the first
appearance, bail hearing, and arraignment calendars where prosecutors and
defense attorneys typically do not yet have a case file and need access to the
documents filed with the court. [Individual Users that qualify for FAST Access
are currently limited as described in Clause 1.3 of this Amendment.] Government
Master Subscriber Agreement Amendment for FAST Access—Revised November 9, 2012
Page 1 of 4
Subscriber's Individual Users will be provided with daily passwords to FAST
Access by county court administration for use during the court calendar.
1.3 "FAST Access Dakota County Pilot" means the pilot FAST Access program
being tested in Dakota County Adult Criminal Courts. Under the FAST Access
Dakota County Pilot, qualified Government Subscriber's Individual Users will be
limited to government attorneys and contract attorneys, and any student attorneys
under their supervision, who practice in Dakota County Criminal Court
proceedings on behalf of Government Subscriber. During the initial phase of the
Dakota County Pilot, the State will not charge Government Subscriber or
Government Subscriber's Individual Users for access to FAST Access. The State
may charge for access to FAST Access at a later date.
2. DATA ACCESS SERVICES PROVIDED TO GOVERNMENT SUBSCRIBER'S
INDIVIDUAL USERS. This clause modifies Clause 3 of the Agreement. Following
execution of the Agreement and this Amendment by both parties, Government
Subscriber's Individual Users who qualify for access must sign the FAST Access User
Acknowledgement form to be granted the access through the MNCIS Government
Access application to the extent described in this clause.
2.1 FAST Access Dakota County Pilot Access.
2.1.1 Dakota County Access. In the FAST Access Dakota County Pilot,
Government Subscriber's Individual Users who are present in court to
represent parties in court on that day, and who have signed the FAST
Access User Acknowledgement form,may access and use certain Court
Records and Court Documents in Dakota County adult criminal cases only
for a"Legitimate Governmental Business Need." For purposes of FAST
Access, a"legitimate governmental 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 court rule in connection with the Individual User's
cases on the court calendar for that day. Such access and use of Court
Documents will be limited to Court documents that have been assigned the
following security classifications: Publicl, Public2, Public2 Citation,
Confidential 1, and Confidential2. Such access and use will not include
Court Documents that have the security classification Sealedl. Access is
limited to the court calendar for which access was granted, for legitimate
government business usmess needs as defined above, and is limited to access from
the designated court and detention facilities. Access at any other time, for
any other purpose, or from any other location is prohibited.
2.2 FAST Access. [Access provided to FAST Access users outside of the Dakota
County Pilot is reserved.]
3. AUTHORIZED ACCESS TO FAST Access.
Master Subscriber Agreement Amendment for FAST Access—Revised November 9.2012
Page 2 of 4
3.1 Access for Government Subscriber's Individual User. Individual Users who
are granted access to cases through FAST Access will be provided with a login
and password if they are attorneys or student attorneys appearing in court under
the supervision of an attorney. Passwords will change on a daily basis and will be
received by court administration and provided to qualified Individual Users who
appear for a daily calendar. Passwords may not be shared.
3.2 Notice When a Government Subscriber's Individual User should no Longer
Receive FAST Access. Individual Users that no longer work for Government
Subscriber, or who no longer need FAST Access to fulfill a"Legitimate
Governmental Business Need" as defined in the Agreement, should not have
FAST Access. Government Subscriber shall immediately notify the Court
whenever an Individual User no longer works for Government Subscriber or no
longer needs FAST Access to fulfill a"Legitimate Governmental Business Need"
as defined in the Agreement.
4. WARRANTY DISCLAIMERS. The warranty disclaimers listed in Clause 15 of the
Master Subscriber Agreement for Minnesota Court Data Services for Governmental
Agencies is modified to include the following. THE COURT IS NOT LIABLE FOR
ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH
FAST ACCESS DUE TO COMPUTER OR NETWORK MALFUNCTION, MISTAKE
OR USER ERROR. THE COURT MAKES NO WARRANTIES AS TO THE
COMPLETENESS OR ACCURACY OF THE COURT RECORDS AND COURT
DOCUMENTS PROVIDED THROUGH FAST ACCESS.
5. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT
RECORDS AND COURT DOCUMENTS UNDER THIS AGREEMENT. Pursuant
to Clause 7 of the Master Subscriber Agreement for Minnesota Court Data Services for
Governmental Agencies, Government Subscriber's Individual Users are required to sign
an Authorization Form before being provided access to Court Data. For FAST Access,
Government Subscriber's Individual Users are required to sign a FAST Access specific
Acknowledgment Form before being provided a FAST Access login and password.
Master Subscriber Agreement Amendment for FAST Access—Revised November 9,2012
Page3of4
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
this Agreement in duplicate, intending to be bound thereby.
1.
GOVERNMENT SUBSCRIBER 2. THE COURT
Government Subscriber must attach
documented verification of authority
to sign on behalf of and bind the
entity, such as a council resolution,
board authority or legally binding
decision maker and attach same as
Exhibit C.
By By
(SIGNATURE) (SIGNATURE)
Date December 4, 2012 Date
Name(typed) Amy Domeier Name (typed) Mark Moore
Title City Clerk Title CIO/Director
Information Technology
Division of State Court
Office City of Rosemount Office Administration
Master Subscriber Agreement Amendment for FAST Access—Revised November 9,2012
Page 4 of 4