5.f) Memo from Welch Regarding Fast Access Resolution MEMORANDUM
T0:
FROM: MICHAEL A. WELCH
SUBJECT: FAST ACCESS RESOLUTION
DATE: MAY 29, 2013
In my capacity as prosecuting attomey for the City of Scandia, it is my responsibility to
represent the State of Minnesota in all criminaVtraffic offenses occurring within the City
of Scandia, excluding felony and certain juvenile offenses. Included in that
responsibility is representing the State of Minnesota for the arraignment calendar. The
City of Scandia has one arraignment calendar per week, presently every Tuesday
afternoon. Typically there will be one to five Scandia cases. Typically the municipal
prosecutor does not have reports or information pertaining to the individual cases prior
to the arraignment calendar. Historically the prosecutor has been provided with the
court file which includes a copy of the citation and officer's notes or an abbreviated
report. The Minnesota courts are in the process of converting to electronic/paperless
files. Effective June 8, 2013, there will no longer be a physical file for the prosecutor to
review at the arraignment hearing. The citations and officer's notes which previously
appeared in a physical file are now being filed electronically. The purpose of the
attached agrements is to give your municipal prosecutor access to the court's records,
specifically to cases occurring in the City of Scandia. The only alternative to accessing
the court records would be to have personnel from the Washington County Sheriff s
Department make copies of reports for the cases. I believe that providing my office with
police reports for the entire arraignment calendar is not an efficient use of resources.
Typically better than one-half of the calendar is resolved at the arraignment stage
without the necessity of generating a file or copying reports.
J
CITY OF SCANDIA
RESOLUTION NO.06-�-13-o�
A RESOLUTION AUTHORIZING EXECUTION OF
MASTER SUBSCRIBER AGREEMENT FOR MINNESOTA COURT DATA SERVICES FOR
GOVERNMENTAL AGENCIES AND
MASTER SUBSCRIBER AGREEMENT AMENDMENT FOR"FAST ACCESS"
WHEREAS, Washington County, Minnesota CriminallTraffic Court is converting to paperless
court files and it is necessary for municipal prosecutors to access electronic filings through "Fast Access"
for the purpose of accessing court records and court documents at the court facility and any detention azea,
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 have a case file and
need access to the documents filed with the court; and
WHEREAS, access to the necessary court records and filings is through and authorized by the
State of Minnesota Office of State Court Administration; and
WHEREAS, in order to obtain access to the necessary court records it is necessary to execute
Master Subscriber Agreement for Minnesota Court Data Services for governmental agencies and Master
Subscriber Agreement Amendment for"Fast Access".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SCANDIA,r�IINNE50TA:
1. That the City Council hereby approves the aforesaid Master Subscriber Agreement and
Amendment for "Fast Access" and hereby authorizes execution of same by the Mayor and City
Clerk of the City of Scandia.
Passed and adopted by the Council this day of June,2013.
AT'TEST: Randall Simonson,Mayor
Kristina Handt,City Clerk/Administrator
.�., , - .
MASTER SUBSCRIBER AGREEMENT
AMENDMENT FOR "FAST ACCESS" �
THIS AGREEMENT AMENDMENT is entered into by and between 3
City of Scandia � �
(Govomment Subscriber Name/Name of Entity)
of 14727 209th Street North, Scandia, MN 55073 ,
( vernmcnt Subscribex dress)
(hereinafter"Government Subscriber")and THE STATE OF MINNESOTA
Office of Staxe Court Administrataon
,
(Judicisl istrict ice of Stau Court Adminisaation)
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
suppleme�ts the Master Subscriber Agreement for Minnesota Court Da#x� Services for
Governmental Agencies between Government Subscriber and the Court ("Agreement"). This
Amendment provides the framework for Goverament Subscriber's Individual Users access to
FAST Access. FAST Access provides certain, qualified individual users with web-based access
to Cflurt Records and Court Documents in cases where they qualify for access.
.Am.endment
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 definations of the Agreement are incorporated herein.
1.1 "Minnesota Government Access"means the web-based soflware that provides
government agencies with remote Intemet access to electronic records in MNCIS.
Formerly laiown as MPA.
� 1.2 ��FAST Access" (First Appearance Support Track) raeans a Minnesota
Government Access login that provides Government Subscriber's Individual
Users with access to Court Recards and Court Documents at the court facility and
any detention azea, as designated by county court administration, in cases
scheduled on the first appearance, bail heaxing, and arraignment calendars where
prosecutors and defense attomeys typically do not yet have a case file and need
access to the documents filed with the court. [Tndividual Users that qualify for
Master Subscriber Agreement Amendment foi�FAST Access—Revised January 29,2013.
Page 1 of 4
FAST Access are currently limited as described in Clause 1.3 of this
• Amendment.] Govemment 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 County Pilot" means the pilot FAST Access program being ,
tested in eCourtMN Pilot County Adult Criminal Courts. Under the FAST �
Access County Pilot, qualified Govemment Subscriber's Individual Users will be �
limited to government attomeys and contract attorneys, and any student attorneys
. under their supervision,who practice in Pilot County Criminal Court proceedings
on behalf of Government Subscriber. During the initial phase of the 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 Qf 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 FA.ST Access County Pilot Access.
2.1.1 Pilot County Access. In the FAST Access County Pilot, Government
Subscriber's Individual Users who are present in court to represent parties
in court on that day,and w�o have signed the FAST Access User
Aclmowledgement form,may access and use certai.n Court Records and
Court Documents in Pilot County adult criminal cases only for a
"Legitimate Governmental Business Need." For purposes of FAST
Access, a"legitimate govemmental business need"is limited to a
requirement, duty or obligation for the efficient performance of
, govemmental 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 Cita.tion,
' Confidentiall,and Confidential2. Such access and use will not include
Court Documents that have the security classification Sealedl. Access is
� limited to the caurt calendar for which access was granted, for legitimate
• government business 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 County
Pilot is reserved.]
Master Subscriber Agreemeni Amendment for FAST Access—Revised January 29,2013.
Page 2 of 4
.. . , . �... ._._ . . . . ... .... . .. . . , _ . . . , I
:
i
3. AUTHORIZED ACCESS TO FAST Access. '
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 attomey. Passwords will change on a daily basis and will be
received by court admi.nistration and provided to qualified Individual Users who
appear for a daily calendaz. Passwords may not be shared.
3.2 Notice When a Government Snbscriber's Individuai User should no Longer
Receive FAST Access. Individual Users that no longer work for Govemment
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. WA,�27RAN'TY 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 LTABLE FOR
ANY COURT RECORDS OR COURT DOCUMENTS NOT AVAILABLE THROUGH
FAST ACCESS DUE TO COMPUTER OR NETWORK MALFUNCTION,MISTAKE
OR USER ERROR TI�COURT MAKES NO WARRANT`IES 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 Aclrnowledgment Form befoze being provided access to Court Data. For FAST
Access, Government Subscriber's Individual Users are required to sign a FAST Access
specific Aclrnowledgment Form before being provided a FAST Access login and
password.
Master Subscriber Agresment Ainendment inr FAS7 Access—Revi,ed January'13,20'I 3.
Page 3 of 4
;
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed •
this Agreement in duplicate,intending to be bound thereby.
I
1. GOVERNMENT SUBSCRIBER 2. THE COUR.T �
Government Subscriber must attach �
documented verification of authority
#o sign on behalf of and bind the
entity, such as a council resolution,
, board authority or legally binding
decision maker and attach same as
�athibit C.
By By .
(SIGNATLTRE) (SIGNATURE)
Date June , 2013 Date
� Name(typed) Randall Simonson Name(typed) Mark Moore
Title Mayor Title CIO/Director
Information Technology
. Division of State Court
Office pffice Administration
BY
(SIGNATURE)
Date June , 2013
Name (typed) Kristina Handt
Title ClerklAdministaeor
Master Subscriher Agreement Amendment for FAST Access-Revised January 29,2013.
Page 4 of 4
MA.STER SUBSCRIBER AGREEMENT
FOR MI].�TNES4TA COURT DATA SERVICES
� FOR GOVERNMENTAL AGENCIES
THIS AGREEMENT is entered into by and between
Cit of Scandia �
( vemment Subscriber Name!Namo of Entity)
of 14727 209th Street North, Scandia, MN 55073 ,
(Government Subscriber Address
� {hereinafter"Government Subscriber")and THE STATE OF MINNESOTA
Office of State Court Administratioil
,
(Judicial istrict OR Office of Stato Court Administration)
of 25 Rev. Dr. Martin Luthex King Jr.Blvd. St. Paul,Minnesota 55155 � �
(A clress)
(hereinafter"the Court").
Recitals
The Court offers Court Data.Services, as defined herein, to Minnesota Govemment
Subscribers as authorized by the Rules of Public Access. The Court Data Services are offered to
Government Su�;scribers 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 pez£oxmance
� of its governmental duties as required or authorized by law or court rule in connection with any
civil, criminal, administrative, or azbitral 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 Agzeement 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 5ubscriber without the prior approval of
" the appropriate court or record custodian. Govemment 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 defu�ed 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
�Documerits. 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.
A�reement
?�10W, TI�REFORE, in consideration of the mutual covenants, promises and
agreements contained herein,the Court and Government Subscriber agree as follows:
Master Subscriber Hgreernent for Minnesota Court Data Services for Governinental Ag�ncies—Reviseu Qctober 9'l,2012
- Page 1 of 15
1. TERM; TERIVIINATION; ONGOING OBLIGATTONS.
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 pariy. 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 tlus Agreement pursuant to
Clause 4.5 shall be effective immediateiy 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 othcr provisions that by
their nature a•re intended or expected to survive such termination. Upon
termination, the Government Subscriber sha11 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
Resoi:i�ce 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
aff'iliates, as the same may be amended from time to tiine by the Court ancUor 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) Govemment 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 ("MN(:IS"), as described in applicable Policies &
Notices and materials referenced therein.
Master Subscriber Agreement for Minnesota Court Data Services fnr Governmentel Agencies—Revised October 92,2012
' Page 2 of i5
2.1.4 "ViBES Login Accounts" means a digita.l 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 iherein,
used as a source for Court Data Services,together with any documentation related �
thereto,including without Iimitation descriptions of the format or contents of data,
� daxa schemas, and a11 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 "Conrt 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
Ce�.rer docwments 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 classifica.tion used for docunients that aze not
accessible to the general public in electxonic form, but aze available to
Government Subscribers with legal authorization to access the case under
Mim1. R.Pub. Access�8,subd. 4(b).
2.4.5 "Confidential2" means the classification used for documents that aze not
accessible to the public in electronic foi�n and is not accessible to
Govemment Subsci7bers 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 ase not
accessible to anyone except by court order or specific authorization.
2.5 "Court Records" means all information in any form made availablc by the Court
and/or its aff'�liates to Government Subscriber for the purpases 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 Governmentai Ayencies—Revised October 12,2012
, Pagz 3 of 15
2.5.1 "Court Confidential Case Information" means any information in the
Court Records that is inaccessible to the public piusuant to the Rules of
� Public Access and that conveys information about a particular case or
controversy.
2.5.2 "Court Con�dential Security and Acti�vation Information" means any
infomiation in the Court Recards 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 inazivals, Court
- Data Services Programs, Court Data Services Databases, and other
technical information.
2.5.3 "Court Confidential Information" means any inforniation 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 infonnation in any form made
available by the Goverrunent Subscriber to the Court and/or its affiliates for the
purposes of carrying out this Agreement.
2.8 "Government Sabscriber's Individual Users" means Government Subscriber's
� employees or :ndependent contractors whose use or access of Court Data
Services, as well as the access,use and dissemination of Court Records anci Court
Documents, is necessary to effecivate the purposes of this A�•eement.
2.9 "Legitinaate Governmental Bnsiness 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, eriminal, adrninistrative, 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 niay need to procure
separately td 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 Cot�rt, as the same may
be amended f7om time to time, including without limitation lists or tables
Master Subscriber Agreement for Minnesota Cau�t Dsta Services for Governmental Ac�encies—Revised October 12,2012
Page 4 of 75
��.. ...._. . _.._._ ... . , ._ �
published from time to time by the Court andlor 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 Govemment 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 Sta.te of Minnesota, State Court Administrator's Office.
2.13 "This Agreement" means this Master Subscriber Agreement for Minnesota
Court Data Services for Govemmental 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 Ack�o�owledgement Form" means the form attached to this document as
Exhibit B, signed by Governrnent 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 tkus 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 DISSEMINATTON OF COURT RECORDS
AND COURT DOCUMENTS LTMITED; TRAi1VING; VIOLATIONS;
� SANCTIONS.
4.1 Authorized Access to Court Data Servicesj, Court Records and Court
Documents.
4.1.1 Govemment Subscriber and Govemment Subscriber's Individual Users
shall access only the Court Data Services, C�urt 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 avai.lable, by Government Subscriber or Govemmen# 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 Governrnent 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 nzaterials.
� 4.2.2 '1'he use of Court Data Services, Court Records or Court Documents, when
available, by Government Subscriber or Government Subscriber's
Individual Users for personaI or non-official use, or any use that is not a �
"Legitimate Gavernmental 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
docunientation. �
4.3 Dissemination of Court Records and Court Docuraents. Government
Subscriber and Government Subscriber's Individual Users shall not share the
� Court Records or Court Documents, when available, accessed and data therefrom
with thirci parties and other individuals other than as needed to further a
. Legitimate Govemmental Business Need.
4.4 Training. Goverrunent Subscriber shall provide Governxnent 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 Govexnznent Subscriber or Government
Subscriber's Individuai Users is a violation of this Agreement. The
dissemination of Court Records or Court Documents, when available, by
� � Government Subscxiber or Government Subscriber's Individual Users
with third parties or other individuals beyond what is necessary for a
. Legitimate Govenunental 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 Govemment 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 Recorcis or
Master Subscriber Agreement for Minnesota Cou�k Data Sen+ces For Governmental�c�encies--Rcvised+JctoSer 12,2U12
P�ge 6 of 15
,_.. _._. __. ... .
. .. . .. ..
,
Courl 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 I
Agreement without prior notice to Government Subscriber and/or '
" Government Subscribez's Individual Users.
. 4.6 Sanctions.
4
' 4.5.1 Sanctions for a violation pursuant to Clause 4.5.1 may be iinposed upon a �
Government Subscriber and/or Governmeni Subscriber's Individual Users
and may include the suspension of access or termination of access fflr
Government Subscriber and/or Government Subscriber's Individual Users.
4.6.2 If the Court decides to ternuna.te the access for Government Subscriber
and/or Govemment Subscriber's Individual Users, the Court shall notify
the affected party in writing. The termination shall be effective
immediately. Prior notice to Government Subscriber andlor Government
, Subscriber's Individual Users is not required. Reinstatement of the access
shall only be upon the written directiom of the Court,
5. GUARANTEES OF CONFIDENTIALTTY. Govemment Subscriber agrees:
5.1 To not disclose Court Conf`idential 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 actioi:, whether by insiruction, agreement, or otherwise,to
insure the protection, confidenriality and security of Court Confidential
Information and Court Documents, when available, and to satisfy Govemment
Subscriber's obligations under this Agreement.
5.3 To limit the use of and access to Court Confidential Information to Government
Subscriber's Iudividual 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
Acknowledgnient 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 stuvive t17e 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
hAaster Subscriber Agreement f�r Minnesuta Court Data Services for Governmenial Agenaes—Revised October 12,2012
Page 7 of 15
Govemment Subscriber's Individual Users are founded independently on the
provisions of this Agreement.
5.6 That, a violation of Govenunent Subscriber's agreements contained in this Clause
� 5, or a violation of those sazne agreements by Government Subscriber's Individual
Users, shall be grounds for the Court to termi.nate this agreement and Govemment
Subscriber and/or Government Subscriber's Individual Users access to Court Data
� Services,Court Records and Court Documents,when available.
6. APPLICABILITY TO CQURT CASE' INFORMATION PROVIDED UNDER
LEGAL MANDATE AND PREVIOUSLY DTSCLOSED COURT RECORDS AND
COURT DOCUMENTS. Subscriber acknowledges and agrees:
6.I Court Case Information Provided Under Legal Mandate. When the Court is
required to provide Gove�-nment Subscriber with Court Case Information under a
legal mandate and the provision of such data by the Court is noi optional or
othervvise left to the discretion of the Court, for example in the case of a state
statutory reporting requirement, the provisions of this Agreement that govem or
restrict Gavernment Subscriber's access to and use of Court Case Informatian 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 lixnitation, provisions that govern or restrict
Govenunent 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 a.��� Court Documents disclosed to Govemment
Subscriber prior to the effeetive date of this Agreement shall be subject to the
, provisions of this Agreement.
7. ACKNOWLEDGMENT BY INDNiDUALS 'WITH ACCESS TO COURT
RECORDS UNDER THIS AGREEMENT.
7.1 Requirement to Advise Government Subscriber's individual YJsers. 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 Docurnents, 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 Goverrunent Subscriber sha11 require each of Goveriuuei�t 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 fihis Agreement to
the Court for approval and shall accompany the submission of this
Agreement for approval.
Master Subscriber Agreemenf for Minnesota Court Data Senrices for Governmental Agencies—F2evised O�tober 12,2012
' Page 8 of 15
7.2.3 Until the User Acknowledgement Form required in Clause 7.2,1 is
obtained, a Govemment 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
Aclrnowledgement Form as required in Clause 7.2.1 is a violation of this
Agreement.
7.2.4 Govenunent 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. Govenunent 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.
S. LICENSE AND PROT�CTION OF PROPRTETARY RIGHTS. During the term of
tlus Agreenient,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 Prograins 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. SCr�O 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
inforcnation 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 a11 capyrightable aspects. and
components thereof. All specifications and information pertaining to the Court
Data Sezvices 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 Marlcs. Government Subscriber shall neither ha.ve 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
Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies—Revised October 12,2012
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 auth�rized by this Agreement. As used berein,
"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 seeret information of SCAO and
its licensors" does not, however, include information which was larown 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 iuformation 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 Govemment Subscriber to make
up to one (1) copy of training materials and configuration documentation
for each individual authorized to access, use, or conf`igure 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 Govemment Subscriber's
Individual Users who are permitted access to any of the Court Data
Services Programs and Court Data Services Databases, and trade secret
inf'ormation 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 Scrvices Databases,related documentation, or traiie 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 reinain the property of the
respective licensor. VJithin ten days of the effective date of ternunation of this
Agreement, Government Subscriber shall either: (i) uninstall and retum any and
a11 copies of the applicable Court Data Services Programs and Court Data
Master Subscriber Agreement for Minnesota Court Data Services for Govemmental Agencies—Revised October i2,2012
Page 10 of i5
Services Databases, and related documentation, including but not limited to
training arid configurati�n materials, if any, and logon account informarion;or(2)
� destroy the same and certify ii1 writing to the Court that the sa.me have been
deslroyed.
8.7 Reasonable Securiiy Measures. The Court may add reasonable security
measures including, but not limited to, a time-out feature, to Court Data Services
Programs.
9. INNIYCTYVE RELIEF; LIABILITY. Governrnent Subscriber acknowledges that the
� Court, SCAO, SCAO's licensors, and DCA will be irreparably harmed if Government
Subseriber'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
obligati�ons. Therefore, Government Subscriber agrees that the Court, SCt-10, 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 Individu'al 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 Nlinnesota,
Government Subscriber shall be liable to the Court, SCAO, SCAO's licensors, and DCA
for reasonable attomey's fees incurred by the Court, SCA�, SCAO's Iicensors, and DCA
in obtaining any relief pursuant to this Agreement.
14. COMPROMISE LIABILITY. Govemment Subscriber and the Court agree that,except
_ as atherwise expressly provided herein, each party will be responsible for its own acts
and the results thereof to the extent authorized by law er_d shall not be responsible for the
acts af any othexs 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, officex, 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 3.37b, and other applicable law. Without limiting the foregoing, if
Governmeni Subscriber is a political subdivision of the state of Minnesota, liabiliTy of the
� Subscriber sha11 be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability,
� Political Subdivisions)or other applicable law.
i1. AVAILABILYTY. Specific terms of availability sha11 be established by the Court and
set forth in the Polices & Notices. The Cow-t reserves the right to termulate this
Agreement immediately and/or temporarily suspend Government Subscriber's approved
� Court Data Services in the event the capacity of any host computer systenn or legislative
appropriation of funds is determined solely by the Court to be insuf�icient 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. ADDITTONAL USER OBLIGATIONS. The obligations of the Govenunent
Subscriber set forth in this section are in addition to the other obligations of the
Government Subscriber set forth elsewhere in tlus 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 Governmentai Agencies—Revised October 12,2012
Page 11 of 15
...�_r.� .. _.... .... . . . ....... _
__ . . � ,
Government Subscriber to comply with such policies, the Court shall have the j
option of immediately suspending or terminating the Government Subscriber's
Court Data Services on a temporary basis andlor immediately terminating this
Agreement.
12.2 Access and Use; Log.
12.2.1 Government Subscriber shall be responsibie 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 Govemment �ubscriber shall also maintain a log identifying all persons to
� wh�m 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 foz 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 Govemment Subscriber's logs and use of
Court Data Services, Court Records, and Court Documents from tune 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. Govemment Subscriber agrees to notify
the Court of the results of such investigation.
. 13. FEES; iNVOICES;FEES DURING PILOT PROGRAM.
13.1 Fees und 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 sha11 invoice Govemment Subscriber on a
monthly basis for charges incuned 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 imnnediately cancel this Agreement without notice to Government Subscriber
and pursue a11 available legal remedies. Government Subscriber certifies that
funds have been appropriated for the payment of chazges under this Agreement
for the current fiscal year,if applicable.
Master 5ubscriber Agreemen#for Mi�resota Caurt Data Services for Govemmental Agencies-Revised Uctober 12,2012
P2ge 12 of 15
tr �
13.2 Fees During Pilot Program. During the initial phase of the access to Court
Documents pilot program, the Sta.te will not cliarge Government Subscriber for
- access to Court Documents. The State may charge Government Subscriber for
access to Caurt 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
ii� 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 PROVTDED HEREIN, COURT, SCAO, SCAO'S LICENSORS,
AND DCA MA.KE NO REPRESENTATIONS OR WARRANTIES OP ANY ,
. K1ND, 11VCLUDING BUT NOT LIMITED TO THE WARRANTTBS UF
FTTNESS FOR A PA.RTICULAR PURPOSE OR MERCHANTABILITY, NOR
ARE ANY WARR.ANTIES TO BE IMPLIED, WITH RESPECT TO TI�
� INFORMATION, SERVICES OR COMPUTER PROGR.AMS MADE
AVAILABLE UNDER THIS AGREEMENT.
15.2 ACCURACY, COMPLETENESS AND AVAILABILITY OF
INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE
PRECEDING PAR.AGRAPH, COURT, SCAO, SCAO'S LICENSORS, AND
DCA MAKE NO WARRANTIES AS TO THE ACCURA,CY OR
COMPLETENESS OF THE INFORMATION CONTA;NED IN THE COURT
� RECORDS. TI�iE COURT IS NOT LIABLE FOR ANY COURT RECORDS OR
COURT DOCUMENTS NOT AVAILABLE THROUGH COURT DATA
SERVICES DUE TO COMI'UTER OR NETWORK MALFUNCTION,
MISTAKE OR USER ERROR.
1b. RELATTONSHIP OF TAE PA.RTIES. 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
� unplied, against or in the name of or on behalf of the other.
17. NOTICE. Except as provided in Clause 2 regarding notices of ox 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 hereundez sha11 be
� deerned to have been received when personally delivered in writing or seventy-two (72)
. � hotus a#�er 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
herewitli.
18. NON-WAIVER. The failure by either Party at any time to enforce any of tlze provisions
of this Agreement or any right or remedy available hereunder or at law or in equity, or to
Master Subscriber Agreen�ent 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 sha11 apply solely to
the instance to which such waiver is directed.
I9. FORCE MAJEURE. Neither party shall be responsible for failure or delay in the
performance of their respective obligations hereunder causetl 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
constnied 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 ANll 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 Agr�ement 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
ar which may purchase the entire assets of Government Subscriber.
22. GOVERNING LAW. This Agreement shall in all respects be governed by and
interpreted, eonstrued and enforced in accordance with the laws of the United States and
of the State of Minnesota.
23. VENiJE AND JU�SDICTION. Any action arising out of ur relating to this
� Agreement, its performance, enforcement or breach will be venued in a state or federal
� court situated within.ihe State of Minnesota. Government Subscriber hereby irrevocably
consents and submits itself to the personal jurisdiction of said courts for that pwrpose.
24. TNTEGRATION. Tliis 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 iu Clauses 13 and l�
regarding fees, any amendments or modifications to this Agreement shall be in writing
signed by both Parties.
25. NIINNESOTA DATA PR.A.CTICES ACT APPLICABILITY. If Government
Subscriber is a Minnesota Government entity that is subject to the Minnesota �
� Govemment Data Pra.ctices 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 a.ccess 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 sta.te statute or federal
Master SuGscriber Agreement for Minnesota Court Data Services for Governmentat Agencies-Revised Ociober 12,2012
Page 14 of 15
i��^
�
law; and (4) these applicable restrictions must be followed in the appropriate
cucumstances.
IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed
thi�s Agreement in duplicate, intending to be bound thereby. �
1. GOVERNMENT SUBSCRIBER 2. THE COURT
Govemment 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
�xhibit C. �
By By
(SIGNATURE) (STGNATURE)
Date June 2013 Date
Name(typed) R.andall Simonson Name(typed) Mark Moore
Title Mayor Title CIO/Director
Tnformation Technology
Division of State Court
Office pg�� Administration
sy
(SIGNATURE)
Date June , 2013
Name (typed) Kristina Handt �
Title Clerk/Administrator .
Master Subscriber Agreement for fNinnesota Court Data Services for Governmentai,4gencies—Revised Ociober 12,2U12
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