3.5 MVD shall promptly advise the Provider
of
system/application downtime, whether
scheduled or not, to the extent MVD has or obtains knowledge
of
such downtime.
3.6 MVD agrees to advise the Provider in advance
of
any scheduled system enhancements and/or
software upgrades
of
which MVD is aware.
3.7 MVD shall provide initial system/application training, when the Provider's MVD office
is
opened or when new systems or applications are implemented, to the Provider and the Provider's
employees. Initial system/application training costs shall be incurred by MVD.
4.
PROVIDER QUALIFICATIONS:
4.1
No person shall be eligible to be a Provider, an employee
of
a Provider, or be able to continue in
that capacity
if
the person has been convicted
of
any felony charge, or has been convicted
of
any
crime involving administration
of
the Motor Vehicle Code, dishonesty or making a false
statement within the previous ten (10) years.
4.2 Any governmental entity that has had a history
of
corruption or had operated an MVD office in
the past, which was closed due to fraud, misappropriation, or similar prohibited activities, shall
be permitted to operate
as
a provider only after a thorough evaluation
by
MVD
of
the
governmental entity to include its officers and the employees to be assigned MVD duties. Final
approval shall be coordinated between the TRD Cabinet Secretary, and the MVD Director.
5.
GENERAL RESPONSIBILITIES AND REQUIREMENTS
OF
THE PROVIDER:
5.1
The Provider shall comply with all applicable federal, state and local laws, rules and regulations,
and executive orders
of
the Governor
of
the State
of
New Mexico, in the operation
of
the
business, including, but not limited to, the federal Americans with Disabilities Act
of
1990, the
New Mexico Human Rights Act, Sections 28-1-1 , et seq., NMSA 1978, the federal Occupational
Safety and Health Act
of
1970, the New Mexico Occupational Safety and Health Act, Sections
50-9-1 , et
seq
., NMSA 1978 and the federal Civil Rights Act
of
1964. MVD shall provide
information to the Provider regarding changes in MVD rules and regulations within ten (10)
days
of
the adoption
of
such changes.
5.2 Provider must obtain/provide a Corporate Performance and Surety Bond for Loss, Fraud, Theft,
Employee Dishonesty, and any act, omission or negligence
of
the Municipality, its officers,
agents, representatives, employees or contractors
as
required by Appendix B and C.
5.3
The Provider is responsible for obtaining all MVD approved equipment and communication
specifications,
as
listed on Appendix A "Mandatory Computer/Network Requirements" and
Appendix D "Mandatory Computer/Network Security Requirements." The Provider agrees to
use only MVD approved software for performing vehicle or driver transactions. The Provider
shall provide all necessary electrical and telephone equipment and all telecommunications
connections including all installation, hook-up, line or other infrastructure charges
as
may be
required to meet the specifications
of
MVD for access to its applications and data. The Provider
is responsible for all costs
of
providing and maintaining the Provider's equipment, and
connections, regardless
of
whether the cost is a one-time or recurring cost. All equipment and
communications must meet the standards established by MVD.
5
