ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with
mobility disabilities. If you plan to attend the meeting and will need an auxiliary aid or service, please contact the City
Clerk's Office at 334-7600 prior to the meeting so that arrangements can be made.
Note: A final agenda will be posted 72 hours prior to the meeting. Copies of the agenda may be obtained from City
Hall, 201 W. Chaco, Aztec, NM 87410.
A G E N D A
CITY OF AZTEC
CITY COMMISSION MEETING
APRIL 10, 2018
201 W. Chaco, City Hall
6:00 p.m.
I. CALL TO ORDER
II. INVOCATION RAYMOND DUNTON, PRESIDENT OF NAVAJO MINISTRIES
III. PLEDGE OF ALLEGIANCE
IV. NEW MEXICO PLEDGE
I Salute The Flag Of The State Of New Mexico And The Zia Symbol Of Perfect
Friendship Among United Culture’s.
V. ROLL CALL
VI. AGENDA APPROVAL
VII.
P
RESENTATION
A
. FY17 Annual Audit Report (Kathy)
B. Kirk Carpenter-School Resource Officer/Closing of Zia St. at Aztec High School
Campus
VII. CITIZEN RECOGNITION
VIII. EMPLOYEE RECOGNITION
IX. CONSENT AGENDA
A. Commission Workshop Meeting Minutes March 27, 2018
B. Commission Meeting Minutes March 27, 2018
C. Inter-Governmental Agreement between NM TRD Motor Vehicle Division and
the City of Aztec
D. Acceptance of FY2017 Annual Financial Report
E. FY 19 Youth Conservation Corps (YCC) Proposal
F. 2019 Senior Center Funding Application
G. Resolution 2018-1081 Municipal Surplus
ATTENTION PERSONS WITH DISABILITIES: The meeting room and facilities are fully accessible to persons with
mobility disabilities. If you plan to attend the meeting and will need an auxiliary aid or service, please contact the City
Clerk's Office at 334-7600 prior to the meeting so that arrangements can be made.
Note: A final agenda will be posted 72 hours prior to the meeting. Copies of the agenda may be obtained from City
Hall, 201 W. Chaco, Aztec, NM 87410.
Items placed on the Consent Agenda will be voted on with one motion. If any item
proposed does not meet the approval of all Commissioners, a Commissioner may
request that the item be heard under “items from Consent Agenda”
X. ITEMS FROM CONSENT AGENDA
XI. CITIZENS INPUT (3 Minutes Maximum)
(Citizens who wish to speak will sign up prior to the meeting. This is for items not
otherwise listed on the agenda
XII. BUSINESS ITEMS
A. RFP 2008-208 Wilson & Co Engineering Services Agreement, Aztec Arterial
Phase 2, Amendment
B. RFP 2015-0444 Wilson & Co Construction Management Services Agreement,
Aztec Arterial Phase 1B, Amendment
C. RFP 2015-0444 Wilson & Co Construction Management Services Agreement,
Aztec Municipal Airport, Amendment
XIII. CITY MANAGER/COMMISSIONERS/ATTORNEY REPORTS
XIV. DEPARTMENT REPORTS
(When this item is announced, all Department Heads who wish to give a report will
move to the podium)
XV. CLOSED SESSION
Pursuant To State Law, Section 10-15-1 (H-7) Pertaining To Threatened Or
Pending Litigation In Which The Public Body Is Or May Become A Participant
XVI. ADJOURNMENT
CITY OF AZTEC 1
WORKSHOP MEETING MINUTES 2
March 27, 2018 3
4
I. CALL TO ORDER 5
Mayor Snover called the Workshop to order at 5:30 pm at the Aztec City 6
Commission Room, City Hall, 201 W. Chaco, Aztec, NM. 7
8
MEMBERS PRESENT: Mayor Victor Snover; Mayor Pro-Tem Fry; 9
Commissioner Austin Randall; Commissioner 10
Sherri Sipe; Commissioner, Mark Lewis 11
12
MEMBERS ABSENT: None 13
14
OTHERS PRESENT: Interim City Manager Steve Mueller; City 15
Attorney Larry Thrower; Kris Farmer from 16
Finance; Project Manager, Ed Kotyk; City 17
Clerk, Karla Sayler 18
19
A. Youth Conservation Corps 2019 Projects 20
21
22
Project Director Ed Kotyk presented the proposed projects for YCC 2019-2020 23
which will include the following for Project 1: Riverside Park improvements which will 24
consist of new irrigation and turf in the South West and North East of the Park. Project 2 25
will include fencing at Riverside Park remove old posting and cabling, install new gate
26
for vehicles and paint old/existing fence posts to match new ones. If these projects are 27
completed there are some alternate projects put together to include new irrigation and 28
turf in NE part of park and Sidewalk and Trail Improvements. 29
30
II. ADJOURMENT
31
32
Moved by Mayor Snover to adjourn the meeting at 5:50 p.m. 33
34
35
36
37
38
39
40
41
42
43
44
45
46
Workshop Meeting Minutes
March 27, 2018
Page 2 of 2
________________________________ 1
Mayor, Victor C. Snover 2
ATTEST: 3
4
______________________________ 5
Karla Sayler, City Clerk 6
7
8
9
10
MINUTES PREPARED BY: 11
12
______________________________ 13
Sherlynn Morgan, Administrative Assistant 14
CITY OF AZTEC 1
COMMISSION MEETING MINUTES 2
March 27, 2018 3
4
I. CALL TO ORDER 5
Mayor Victor Snover called the Meeting to order at 6:00 pm at the Aztec City 6
Commission Room, City Hall, 201 W. Chaco, Aztec, NM. 7
8
II. INVOCATION 9
10
The Invocation was led by Judith McDonald from the Unitarian Universalist 11
Congregation in Farmington 12
13
III. PLEDGE OF ALLEGIANCE 14
15
The Pledge of Allegiance was led by David Williams 16
17
IV. NEW MEXICO PLEDGE 18
19
The New Mexico Pledge was led by David Williams 20
21
V. ROLL CALL 22
23
Members Present: Mayor Victor Snover; Mayor Pro-Tem Rosalyn Fry; 24
Commissioner Austin Randall; Commissioner Sherri 25
Sipe; Commissioner Mark Lewis
26
27
Members Absent: None 28
29
Others Present: City Attorney Larry Thrower; City Clerk Karla Sayler; 30
Project Manager Ed Kotyk (see attendance sheet)
31
32
VI. AGENDA APPROVAL 33
34
Commissioner Randall mentioned that Item (D) needed to be pulled. 35
36
MOVED by Commissioner Sipe to Approve the Agenda with the exception of 37
Item (D), SECONDED by Commissioner Lewis 38
39
All voted Aye: Motion passed 5 to 0 40
41
VII. PROCLAMATION 42
43
A. Road Safety Week (April 1
st
-7
th
) 44
45
Mayor Snover read the proclamation for Road Safety Week. 46
Commission Meeting Minutes
March 27, 2018
Page 2 of 8
VIII. PRESENTATION 47
48
A. San Juan County Historical Society (Andrea Greenacre) 49
50
Andrea Greenacre past President of the Historical Society introduced the new 51
President Patty Tharp and gave a report to commission on the happenings of the 52
Historical Society. Andrea thanked Aztec City Commission and Staff for their 53
outstanding support in keeping the SJC Historical Society Building in good shape. They 54
are a volunteer organization working to archive San Juan County’s Historical 55
Documents. 56
57
IX. CITIZEN RECOGNITION 58
59
Interim City Manager Steve Mueller recognized the students of Aztec High 60
School who on March 14
th
instead of having a walk out had a walk-up to the flag pole
61
where they came up with 21 positive actions that a person can take to promote 62
meaningful change. 63
64
X. EMPLOYEE RECOGNITION 65
66
Interim City Manager Steve Mueller recognized Public Works Superintendent 67
Yvonne Multine for stepping up to the plate and keeping Public Works running during all 68
the changes. He also recognized Greg Mizell on his promotion to Line Superintendent 69
and commended both of them on a great job. 70
71
XI. CONSENT AGENDA 72
73
MOVED by Commissioner Lewis, SECONDED by Commissioner Sipe to
74
Approve the Consent Agenda with the exception of Item (D) 75
76
77
A. Commission Meeting Minutes March 12, 2018 78
B. Special Budget Resolution 2018-1077 Animal Care Contributions 79
C. Library Advisory Board Member Approval 80
D. PULLED 81
E. Law Enforcement Protection Grant Fund 82
F. Resolution 2018-1078 Authorizing Signatures for City Accounts 83
84
All Voted Aye: Motion Passed Five to Zero 85
86
XII. ITEMS FROM CONSENT AGENDA 87
88
89
90
Commission Meeting Minutes
March 27, 2018
Page 3 of 8
XIV. CITIZENS INPUT (3 MINUTES MAXIMUM) 91
92
None 93
94
XV. BUSINESS ITEMS 95
96
A. 550 Brewing Company, LLC Lease Agreement 97
98
Community Development Director Steven Saavedra explained that this is an item 99
to renew the lease agreement for 550 and the City of Aztec. He explained that the initial 100
agreement was from March 2016 May 2017 and since that time they have been 101
operating as a holding over. This will extend their lease for 1 more year with an option to 102
renew for 1 additional year as an incubator at the HUB. Steven explained the terms and 103
conditions were discussed with 550. 104
105
Mayor Pro-Tem Fry asked if when 550 moved into the HUB there was a 106
maximum length of time that they were going to stay or find a new place. Steven 107
explained that it was an incubator agreement for 3 years, but there were improvements 108
and other issues to be dealt with before they were able to get up and running. Steven 109
explained that the City recognized that with this lease agreement. Mayor Pro-Tem Fry 110
also asked about the trainings in order to lower the rent, Steven explained that before 111
now we haven’t been able to really function as a HUB but now that we will have a full
112
time manager that will change. Commissioner Sipe explained that they have partnered 113
with the Enterprise Center and they should be the one’s offering the classes at the HUB. 114
Commissioner Randall asked how we know when a business is ready to move 115
according to bench marks. Steven explained that since this is something new we really 116
don’t have anything to go by so he has researched how other incubators have operated. 117
Mayor Snover asked when the agreement will take effect. Steven explained that it will
118
take effect as soon as it’s signed but the year will start counting after the HUB is back 119
up and running after construction is complete. 120
121
MOVED by Commissioner Sipe to approve and renew the lease agreement 122
with 550 Brewing Company, LLC, SECONDED by Commissioner Randall 123
124
All Voted Aye: Motion Passed Five to Zero 125
126
B. Final Adoption of Ordinance 2018-469 Amending Chapter 26 Land Use 127
Regulations, Article II Zone District and Overlay Regulations to Include the North Main 128
Avenue Overlay District 129
130
Commission Meeting Minutes
March 27, 2018
Page 4 of 8
Community Development Director Steven Saavedra explained that this is the 131
final adoption to create the overlay for the North Main District. There have been no 132
comments on the subject. Steven explained that the corporate sign and color section 133
has been removed. Commissioner Sipe asked about the land use and Steven said that 134
the land use is the next step and will go through the formal process. City Attorney 135
explained that it was decided that we needed to have the ordinance in place before we 136
do the actual land use. 137
138
MOVED by Mayor Pro-Tem Fry to approve Ordinance 2018-469 Amending 139
Chapter 26 Land Use Regulations, Article II Zone District, and Overlay Regulations to 140
Include the North Main Avenue Overlay District, SECONDED by Commissioner Lewis 141
142
A Roll Call was taken: All Voted Aye; Motion Passed Five to Zero 143
144
C. Intent to Adopt Ordinance 2018-470 Amending Chapter 5 Animals 145
146
Animal Shelter Director Tina Roper explained that it has been awhile since 147
Chapter 5 has been amended. The Animal Care Staff has reviewed Chapter 5 and 148
determined the need for changes. Commissioner Lewis asked about the definition 149
provided to define the difference in a service animal and an emotional support animal.
150
Tina explained that the language for this change came from the American Disabilities 151
Act website. 152
153
MOVED by Commissioner Randall to approve the Intent to Adopt Ordinance 154
2018-470 Amending Chapter 5 Animal, SECONDED by Commissioner Sipe
155
156
A Roll Call Was Taken: All Voted Aye; Motion Passed Five to Zero 157
158
D. Intent to Adopt Ordinance 2018-471 Amending Chapter 16, Article V. Animal 159
Fees 160
161
Animal Shelter Director Tina Roper explained that it has been 4 years since 162
Chapter 5 was amended and in amending Chapter 5 revisions were required in the 163
Animal Fees which are provided in Chapter 16. Tina reported that some of the fees that 164
will be updated within this change are: boarding fees, rabies observation fees and 165
creating a special permit for intact animal addressing for animals with medical 166
exemptions to spay or neutering. 167
168
169
170
171
Commission Meeting Minutes
March 27, 2018
Page 5 of 8
MOVED by Commissioner Sipe to approve the intent to Adopt Ordinance 172
2018-471 Amending Chapter 16, Article V. Animal Fees, SECONDED by Commissioner 173
Randall 174
175
A Roll Call Was Taken: All Voted Aye; Motion Passed Five to Zero 176
177
E. Intent to Adopt Ordinance 2018-472 Amending Section 1-12-2-3 Specific 178
Penalty Schedule for Animal Fines 179
180
Animal Shelter Director Tina Roper explained that in amending Chapter 5 181
revisions were also required in the Animal Fines which are provided in Chapter 1-12. 182
Tina mentioned that one significant change is to the fine for kennel permit which was 183
changed to multiple animal permit. 184
185
MOVED by Commissioner Randall to approve the Intent to Adopt Ordinance 186
2018-472 Amending Section 1-12-2-3 Specific Penalty Schedule for Animal Fines, 187
SECONDED by Commissioner Lewis 188
189
A Roll Call Was Taken: All Voted Aye; Motion Passed Five to Zero 190
191
XVI. LAND USE HEARINGS 192
193
Mayor Snover read the land use script for the following land use items. Asked if 194
there were any challenges, conflicts of interest or ex-parte communications there were
195
none. He swore all participants in and proceeded to the hearing. 196
197
A. CUP 18-01 Conditional Use Permit to all a recreation vehicle (travel trailer) to 198
act as a temporary secondary residence 199
200
Community Development Director Steven Saavedra explained that the 201
applicants Josh and Katie Jarvis are requesting a conditional use permit to allow a 202
travel trailer to act as a temporary secondary residence behind 412 S. Church. He 203
explained that the family has indicated a hardship and are looking for an exemption 204
from the code. This will be for 1 year with an option for an additional year. 205
Josh Jarvis explained that he was requesting the conditional use permit 206
because of the age of his son, a need for quiet space, more consistent and watchful 207
care is needed, while offering a feeling of independence. Commissioner Sipe thanked 208
Josh Jarvis for visiting with his neighbors on his own. Commissioner Randall asked 209
about the utilities. Mr. Jarvis explained that they would not be running water or sewer 210
but they will be requesting electrical because they plan on putting a shop in that area in 211
the future. 212
The hearing was closed to testimony. 213
214
Commission Meeting Minutes
March 27, 2018
Page 6 of 8
MOVED by Commissioner Randall to approve petition CUP 18-01 a request from 215
Josh and Katie Jarvis for a conditional use permit to allow a travel trailer to act as a 216
temporary dwelling unit in the R-1 single-family dwelling district subject to the following 217
conditions and accept findings of facts 1-8, SECONDED by Commissioner Sipe 218
219
A Roll Call Was Taken: All Voted Aye; Motion Passed Five to Zero 220
221
B. CUP 18-02 Conditional Use Permit to allow for the manufacturing and 222
brewing of beer 223
224
Community Development Director Steven Saavedra explained that this a 225
conditional use permit by Sean Paschall to allow for the manufacturing and brewing of 226
beer. Steven explained this permit was needed because the specific use of 227
manufacturing of alcohol was not listed as a use in the City zoning code within the C-1 228
district. The property is located at 119 N. Main. Commissioner Randall asked how this
229
plays into the future of 550. Steven explained that from what he understands 550 is 230
going to expand. Commissioner Sipe asked if we had any comment from any of the 231
Churches and Steven reported that the Churches and other residents have not had any 232
comments. 233
Applicant Sean Paschall testified that this step is to move the current 550
234
brewing operation from the County into the City. Sean explained that they will be 235
moving 550 from the HUB into this location as well as a restaurant. 236
237
The hearing was closed to testimony. 238
239
MOVED by Commissioner Sipe to approve petition CUP 18-02 a request from 240
Sean Paschall for a conditional use permit to allow for the manufacturing and brewing of 241
beer at 119 N. Main Ave, Aztec NM, subject to the following conditions and accepting
242
findings of fact 1-5, SECONDED by Commissioner Randall 243
244
A Roll Call Was Taken: All Voted Aye; Motion Passed Five to Zero 245
246
247
XVII. CITY MANAGER/COMMISSIONERS/ATTORNEY REPORTS 248
249
Interim City Manager Steve Mueller mentioned that he attended a career day 250
with Ed Kotyk at Mesa Esperanza School in Farmington. He mentioned that we have a 251
new recycle container down at the recycle yard. 252
253
Commissioner Sipe mentioned that she attended the EDAB meeting and that 254
they did not have a quorum. Yesterday she attended the NM Municipal League District 255
Meeting in Gallup. They went over things that had been passed by the Legislature and 256
one of them was on the Elections and having them all at the same time and following 257
the state election code. We received a dividend credit from NM Self Insurers Fund for 258
being safe. She will attend a NW NM Seniors meeting and an MPO meeting this month. 259
Commission Meeting Minutes
March 27, 2018
Page 7 of 8
Commissioner Sipe recognized Britney Corey for participating in the Paralympic games 260
and won a Silver medal in snowboarding. 261
262
Mayor Pro-Tem Fry mentioned that she attended the Farmington MPO Technical 263
Committee meeting on the 14
th
, in Bloomfield and it was good to see everyone coming 264
together to coordinate and plan and share infrastructure projects. She attended a 265
Chamber of Commerce meeting and also Library Board meeting. She encouraged 266
everyone to check out all the different programs especially the family pass. She visited 267
with Boys and Girls Club and discussed after school programs. On Saturday she 268
attended the NM Municipal League training. She thanked the City for providing the 269
training. Mayor Pro-Tem Fry attend a meeting for Four Corners Economic Development 270
and learned information about broad banding and grants. 271
272
Commissioner Lewis mentioned that he attended the NM Municipal League 273
training as well and learned a lot of new things. He got to interact with all the newly
274
elected officials. He mentioned that he will attend the San Juan Water Commission 275
Meeting on Wednesday. 276
277
Commissioner Randall mentioned that he attended the LTAB meeting and 278
Lodger’s Tax is way down. He gave a fishing report from Tiger Park is good.
279
280
Mayor Snover thanked everyone for understanding and for the help walking him 281
through the meeting. He mentioned that four Aztec Students went to Washington for 282
Spring Break for the March for our Lives and wanted to recognize them. Mayor Snover 283
also mentioned the March 14
th
Walk up at the High School and was proud to be a part
284
of it. He attended Chief’s Coffee and it was valuable and looking forward to the next 285
one. He met with Four Corners Economic Development. He has and an ECHO Board 286
meeting tomorrow. He also attended the NM Municipal League Training and it was 287
interesting and an eye opener. 288
289
XVIII. DEPARTMENT REPORTS 290
291
Chief Mike Heal appreciated Mayor Snover being at the Chief’s Coffee and 292
hopes to have more students next time. Next meeting at the College is the 18
th
of April 293
at the College. He attended the legislative board meeting in Santa Fe where they were 294
discussing school safety. 295
296
XIV. ADJOURNMENT 297
298
Moved by Commissioner Lewis, SECONDED by Mayor Pro-Tem Fry to adjourn 299
the meeting at 7:30 p.m. 300
301
302
303
304
Commission Meeting Minutes
March 27, 2018
Page 8 of 8
305
________________________________ 306
Mayor, Victor Snover 307
ATTEST: 308
309
______________________________ 310
Karla Sayler, City Clerk 311
312
313
MINUTES PREPARED BY: 314
315
_____________________________ 316
Sherlynn Morgan, Administrative Assistant 317
Staff Summary Report
MEETING DATE:
April 10, 2018
AGENDA ITEM:
IX. CONSENT AGENDA (C)
AGENDA TITLE:
Inter-Governmental Agreement between NM TRD Motor
Vehicle Division and the City of Aztec
ACTION REQUESTED BY:
Delain George
ACTION REQUESTED:
Approval of Intergovernmental Agreement between NM TRD
Motor Vehicle Division and the City of Aztec
SUMMARY BY:
Delain George
PROJECT DESCRIPTION / FACTS
October 1991, the City executed a JPA with the State of New Mexico to operate the Motor
Vehicle office in Aztec. The most recent agreement was executed in May 2014 for a four year
term ending May 24, 2018.
The proposed agreement is a 4 year term set to expire December 31, 2022. Aztec City
Attorney, Mr. Larry Thrower, has reviewed the agreement.
The proposed agreement has been reworked, giving more clarity as to how the functions of the
agreement shall be carried out by both NM TRD MVD and the City of Aztec MVD Department.
Some of the notable changes in the proposed agreement vs. the current agreement are as
follows:
Sect
ion 2.1 The provider is to review and sign the MVD Mission and Core Values in Appendix
E. I think we can all agree we expect our employees to give great customer service.
2.2.4
The penalty changed from 10% to 5% when required funds are not available. Each day,
Aztec MVD closes out the day using the NM TRD MVD software and prepares a nightly deposit
which is then taken to the bank, NMTRD MVD will sweep the City’s bank account for the funds
stated in the close out process. If those funds are not available by the close of the next
business day, then the City of Aztec could receive a 5% penalty, per day, until the funds are
available. To date, this has not happened and the risk of having it happen is very minimal.
2.2.4.3 The Provider may accept cash, personal checks, business checks, debit/credit card
payments from its customers. The Provider shall be liable for any check returned for insufficient
funds or any other dishonor. The last sentence is new to the agreement, but not new to our
current process. This was made clear from the previous NMTRD MVD director, about a year
ago, that the City of Aztec or any municipality would be responsible for collecting any returned
check for payment. The City of Aztec made a business decision not to accept personal or
business checks from its customers. We do however; accept business checks from local area
car/boat dealerships that have a proven record of payment. Many municipalities have the same
policy. Prior to this new process, NMTRD MVD would be liable for the returned check, NM MVD
has the recourse to suspend a license or registration etc… but with the change would not allow
municipalities the same privilege. With having no recourse or the funds to recover returned
checks we no longer accept checks at Aztec MVD.
Section 5.2 and Appendix B and C There is an increase to our Corporate Performance and
Surety Bond for Loss, Fraud, Theft, Employee Dishonesty. In the past City of Aztec has
secured a $100,000 surety bond for the Aztec MVD office meeting requirements of prior
agreements. After trying to seek a surety bond for $250,000, to find out that a $250k bond does
not exist, the maximum bond amount issued for Corporate Performance for Loss, Fraud, Theft,
and Employee Dishonesty is $100,000. I asked NM TRD-MVD for additional clarification as to
what is acceptable for the required coverage, what are other municipalities doing? Aztec was
not the only municipality requesting this clarification. NM TRD-MVD made a final determination
that coverage can now be a bond or insurance. The City of Aztec already carries insurance
policies through New Mexico Self Insurers’ Fund (NMSIF) which well exceeds the required
amounts for this agreement and which are acceptable to NM TRD-MVD. Because of this
determination we will see a decrease of $575/year for at least the next four years, once
agreement has been approved, because the surety bond is no longer needed.
They are as follows:
CRIME - $500,000 Employee Dishonesty Blanket Coverage, $50,000 Forgery; $50,000
Theft; $10k deductible per occurrence.
ERRORS & OMISSIONS - $1,000,000 per occurrence
GENERAL LIABILITY - $4,000,000 annual aggregate
The remaining sections of agreement have been in place for the past few agreements with
regards to responsibilities of NM TRD MVD and City of Aztec, background investigations,
personnel, notifications, training, inventory and supplies, security, etc…most all sections have
been reorganized and renumbered to make the agreement more clear for everyone.
For every driver’s license, and ID Card processed, we are reimbursed $6.00, from NM TRD
MVD, with the exception of senior licenses, there is no reimbursement. For titles and
registrations we are reimbursed $5.00 for each processed transaction. In addition, we receive
$1.50 for every transaction processed. If our office goes over 10,000 transactions the year
prior, we receive an additional $1 per transaction, the next year for each transaction. So in
short, we receive $8.50 for each drivers license and $7.50 for each title and registration. We do
not receive reimbursement from the state for road tests, senior licenses, handicap placards or
VIN inspections. We charge a City of Aztec administration fee of $5 for every transaction to
help offset expenses.
We have 3.25 full-time employees and 2 part-time, (one of which is shared between utilities and
MVD)
FISCAL INPUT / FINANCE DEPARTMENT (if applicable)
VIN Inspector Bonds 5 employees at approximately $300 each = $1,500
Fingerprinting for any new employee $50
Aztec MVD Actual Budget FY15 FY16
FY17
FY18
(6mos-Dec)
90,811
94,152
82,854
44,507
47,158
70,741
66,558
37,143
137,969
164,893
149,412
81,649
153,426
154,965
162,907
79,512
FY15 FY16
FY17
FY18
(6mos-Dec)
17,426
12,476
13,758
6,286
170,852
167,441
176,665
85,798
(32,883)
(2,548)
(27,243)
(4,419)
SUPPORT DOCUMENTS:
Current and Proposed NMTRD MVD Agreement
2016 Aztec MVD Audit
DEPARTMENT’S RECOMMENDED MOTION: Move to Approve the Intergovernmental
Agreement between NM TRD Motor Vehicle Division and the City of Aztec
STATE
OF
NEW
MEXICO
TAXATION
&
REVENUE
DEPARTMENT
INTER-GOVERNMENT
AL
AGREEMENT
BETWEEN:
THE
MOTOR
VEHICLE
DIVISION
AND
THE
CITY
OF
AZTEC
THIS
INTER-GOVERNMENT
AL
AGREEMENT
is made and entered into pursuant to the provisions
of
Section 66-2-14, NMSA 1978
by
and between the State
ofNew
Mexico, Taxation and Revenue Department
(hereinafter "TRD"), Motor Vehicle Division hereinafter
("MVD")
and the
City
of
Aztec
"Provider").
(hereinafter
PURPOSE:
For affecting the economy in carrying out the functions
of
MVD
and providing necessary
services to the citizens
of
the State
of
New Mexico. Section 66-2-14,
NMSA
1978 authorizes the TRD
secretary to appoint agents to act on behalf
of
MVD
to perform certain functions
of
MVD. Under this
authority,
MVD
hereby appoints the Provider to perform certain services on
behalf
of
MVD,
and the
Provider accepts this appointment, subject to the provisions
of
this Agreement.
1.
DEFINITIONS:
The
following
terms,
phrases
and
acronyms,
as used
in
this
Agreement,
are
defined.
1.1
Business
Day
: means 8:00 a.m. to 5:00 p.m. any weekday excluding any holiday when
MVD
is
closed.
1.2 Confidential
Information:
means personal information obtained by
MVD
or the Provider
regarding a person's motor vehicle information pursuant to the Motor Vehicle Code that may not
be released pursuant to Section 66-2-7.1, NMSA 1978,
or
the DPPA.
1.3
Data:
means any type
of
motor vehicle information required
by
State or Federal statute to be
obtained by
MVD
and maintained in the
MVD
database.
1.4
Department
: The New Mexico Taxation and Revenue Department.
1.5
DPPA
: The Driver's Privacy Protection Act
of
1994, defined in Title
18
U.S.C. Chapter 123:
Prohibition on Release and Use
of
Certain Personal Information from State Motor Vehicle
Records §§2721-2725.
1.6 Fee: means the form
of
compensation charged by
MVD
or
the Provider for services subject to
the jurisdiction
of
the commission for various
MVD
transactions performed for the customer.
1.
7
HIN
Inspection: means the physical verification
of
the Hull Identification Number affixed to a
vessel.
1
1.8
Mandatory: means the terms "must," "shall," "will," "is required," or "are required," to
identify a mandatory item or factor within this agreement.
1.9
Motor
Vehicle
Information
: means all information obtained and maintained pertaining to
identification cards, driver licenses, permits, disabled placards, and motor vehicle or vessel title
and registration.
1.10 MVD: Motor Vehicle Division
of
the New Mexico Taxation and Revenue Department.
1.11
MVD Representative: An employee identified by MVD, TFID, TRD, who is authorized by the
MVD Director to supervise, delegate, inspect, audit, observe, or otherwise review the operations
and records
of
Provider.
1.12 Product(s): Tangible items such
as
license plates, title documents, registration stickers, driver
licenses, or permits that are delivered to a customer
as
a result
of
completing a transaction with
the Provider.
1.13
Records: means an account, correspondence, memorandum, tape, disc, paper, book or
transcribed information, or electronic data information, including the electronic hardware or
software necessary to access the electronic data information in its document form, regarding the
operation
of
a motor carrier or created in conjunction with the transaction
of
MVD business.
1.14 Services: means the act or process
of
an individual authorized by MVD to perform transactions
or give information relating to a customer's vehicle, vessel, or driver transactions.
1.
15
Tapestry: means the software system MVD uses to provide driver and vehicle services.
1.16 TFID: The Tax Fraud Investigation Division.
1.17 Transaction: means all operations completed at one time during a customer's single visit to the
Provider.
1.18 TRD: New Mexico Taxation and Revenue Department.
1.19 User: means an authorized Provider or a Provider employee who has access to MVD data,
performs daily tasks related to MVD products or services, or has access to MVD forms,
documents, equipment, or inventory.
1.20 VIN Inspection:
An
inspection performed by a certified VIN inspector to verify a Vehicle
Identification Number (VIN), which is affixed to a motor vehicle and identifies that specific
automobile from factory to destruction.
2.
THE
PARTIES
MUTUALLY
AGREE
THAT
THE
PROVIDER
SHALL:
2.1 Adhere to this Agreement with MVD and comply with all terms and conditions within the
Agreement. The Provider is acting on the behalf
of
MVD and shall uphold the standards and
quality
of
MVD's policies, procedures, and excellence in customer service. The Provider is
to
review and sign the MVD Mission and Core Values in Appendix
E.
2
2.2 MVD authorizes Provider to provide the following services, actions, or transactions delegated to
the Provider under the provisions
of
Chapter 66, NMSA 1978, as amended or renumbered:
2.2.1
Vehicle Services: Register and title vehicles and/or vessels.
2.2.2
Driver Services: Accept applications for, administer required written and/or skills
tests, and issue driver licenses, permits, disabled placards and identification cards.
2.2.3
Financial Responsibilities: The Provider shall collect all fees, taxes and other
charges provided by law under Chapter 7, Articles 14, Article 14A, and Chapter 66,
NMSA 1978,
as
amended or renumbered. The Provider shall remit fees, taxes, and
charges to MVD, using an attestation
of
accuracy, no later than the close
of
the next
business day following the transaction or revenue collection, in the manner
established by MVD.
2.2.4
If
the Provider has insufficient funds for all fees, taxes and other charges required to
be submitted, there shall be a penalty
of
five percent (5%)
of
the amount due for each
day the funds are late and:
2.2.4.1
2.2.4.2
2.2.4.3
If
the Provider undercharges the customer, the Provider is responsible for
timely remitting the correct amount to MVD.
If
the Provider overcharges the customer, the Provider must remit to MVD
the amount collected from the customer and the customer will need to file
a claim for refund with MVD to be reimbursed the amount overcharged by
the Provider.
The Provider may accept cash, personal checks, business checks, debit, or
credit card payments from its customers. The Provider shall be liable for
any check returned for insufficient funds or any other dishonor.
2.2.5
VIN/HIN Inspections: Certified inspectors, employed by the Provider, may perform
vehicle and vessel inspections only at the Provider's location
if
they are bonded
separately from the basic Provider bonding requirements. Certified law enforcement
and department VIN/HIN inspectors may also perform VIN/HIN inspections at the
Provider's location.
2.3 The Provider shall not discriminate based on origin, race, color, religion, disability, and sexual
orientation. Provider shall accept documents in another language
if
English translation is
provided
as
accepted by the policy
of
MVD. Federal laws prohibit discrimination based on a
person's national origin. Laws prohibiting national origin discrimination make it illegal to
discriminate because
of
a person's language, culture, birthplace, or ancestry. This means people
cannot be denied equal opportunity because they or their family are from another country,
because they have a name or accent associated with a national origin group, because they
participate in certain customs associated with a national origin group, or because they are
married to or associate with people
of
a certain national origin. All persons shall be entitled to
the full and equal satisfaction
of
services, facilities, privileges, advantages, and accommodations
3
of
any place
of
public accommodation,
as
defmed in Title VII
of
the Civil Rights Act
of
1964,
42 U.S.C.
§§
2000, et seq., as amended.
2.4 The Provider shall provide utilities, office space, employees, and general office supplies to
include fax machines, copiers and other items not specified herein necessary to provide services
under this Agreement. Provider is responsible for all costs
of
providing and maintaining
Provider's equipment, and connections, regardless
of
whether the cost is a one-time or recurring
cost, except
as
may be further specified in this Agreement. All equipment and communications
must meet the minimum standards established by MVD.
2.5 The Provider shall procure and maintain for the duration
of
this Agreement, at its own cost and
expense, primary insurance coverage against claims for injuries to person or damages to
property that may arise from or regarding activities undertaken by Provider, its agents,
representatives, employees, or subcontractors. This insurance shall cover such claims
as
may be
caused, in whole or in part, by any act, omission, or negligence
of
Provider or its officers,
agents, representatives, employees or subcontractors.
2.6 The Provider and employees
of
the Provider who work on MVD matters are not employees
of
the State
of
New Mexico. Neither the Provider nor its employees shall represent that the
Provider or Provider's employees are employed by or are a subdivision
of
MVD or the State
of
New Mexico.
3.
THE PARTIES MUTUALLY AGREE THAT MVD SHALL:
3.1
MVD shall provide any special equipment required for Provider to perform its obligations under
this Agreement. Such equipment shall be purchased and maintained by MVD at MVD's expense.
Special equipment may include computers, license photo cameras, laminating machines, special
forms printers, vision testing equipment, queuing machines or kiosks. Standard office printers,
copiers, and fax machines are not included in MVD's provided equipment.
3.2 MVD will provide, maintain, and repair computers, printers, camera equipment, and network
connectivity, including hardware and circuits necessary to perform driver and vehicle
transactions. Provider agrees to use only MVD approved software for performing vehicle or
driver transactions. 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.
3.3 MVD shall make available to the Provider direct access to Tapestry. Access will be limited in
scope to the information needs
of
the Provider's MVD related daily operations and business
transactions. The information obtained through Tapestry shall be used exclusively for the
services covered by this Agreement.
3.4 MVD shall provide all necessary official inventories
of
controlled products, equipment, and
access to Tapestry. Tapestry access will be limited in scope to the information needs
of
the
Provider's MVD related daily operations and business transactions that will enable the Provider
to perform those actions or transactions specified by this Agreement.
4
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
5.4 The Provider shall not develop any hardware, software, or programs that would allow the
Provider to be a portal for other entities or persons to indirectly access Tapestry.
5.5 The Provider and its employees are prohibited from providing indirect access to Tapestry and
from accessing or disseminating the information received from MVD for any other purpose
unless allowed pursuant
to
Section 66-2-7.1 , NMSA 1978
of
the Motor Vehicle Code or the
DPPA.
5.6 The Provider shall not sell, or transfer data obtained from MVD or on MVD's behalf to any third
party unless authorized in writing by MVD.
5.7 The Provider shall maintain accurate records
of
all Providers' employees working on MVD
matters. The roster shall contain the name, address, and date
of
birth, date
of
hire, social security
number, date and results
of
the background investigation and work schedule
of
such employees.
The records shall also contain the date that the Provider performed the background investigation
pertaining to each member
of
the Provider's employees who works on MVD matters or has
access to Motor Vehicle Information. The records shall be made available for MVD's review
within twenty-four (24) hours after a written request from MVD. MVD may establish quality
performance standards for the Provider.
5.8 MVD will keep the Provider advised
of
these standards and
of
any change made in the standards
from time to time.
6.
BACKGROUND INVESTIGATIONS:
6.1
The Provider
who
is
considering a potential applicant for a position that will require authorized
access
to
perform work associated with driver's licenses or
who
may be assigned
to
perform work
tasks associated with driver's licenses shall require the potential employee
to
submit
to
a background
investigation
to
include a national criminal history records search and a state background
investigation
as
is
required by Section 9-11-10.1NMSA1978.
6.2 The Provider and the Provider's employees are fully responsible for the acts or omissions
of
the
services the Provider provides under this Agreement.
6.3
A background investigation on all Users and employees
of
the Provider who work on MVD
matters will be conducted prior to the start date
of
the User or employee. Fingerprints are
required for a national criminal history records search and state background investigation. The
background investigation, at a minimum, shall include the following:
(1) The User or employee's work history;
(2) The User or employee's tax compliance history (New Mexico and federal);
(3) The User or employee's driving history.
7.
PROVIDER PERSONNEL:
7.1
The Provider shall not hire or engage the services
of
any current employee
of
the Department
unless Provider has first notified the Director or a Deputy Director
ofMVD
.
6
7.2 The Provider shall not, without written permission from MVD, employ any individual to provide
MVD services
if
the individual has been subject to disciplinary action by the Provider or other
previous employer within the last ten (10) years.
7.3
The Provider's employees shall agree to background investigations before the date
of
hire. The
Provider shall not knowingly employ any individual to provide MVD services
if
the individual
has:
(1) Any felony conviction within the last ten (10) years.
(2)
A conviction involving misdemeanor offenses punishable by six (6) months or more
imprisonment, DWI offenses, fraud or fraudulent activities, theft, bribery, making false
statement
s,
or any crime involving dishonesty or moral turpitude.
7.4 The Provider shall maintain an accurate employee log
of
all Provider's employees working on
MVD matters or employees who have access to Motor Vehicle Information. The employee log
shall contain the name, address, date
of
birth, date
of
hire, social security number, date
of
the
background investigation, and work schedule
of
such employees. The Provider shall notify the
MVD Designated Representative, Director or Deputy Director when there is any change related
to the Provider's employees within twenty-four (24) hours
of
event.
7 .5 The Provider shall immediately suspend any employee from access to MVD software,
equipment, inventory, facility, products, and services upon notification from MVD or TRD that
a criminal or administrative investigation was initiated regarding that individual.
7.6 The Provider is required to inform all employees
of
updates and changes regarding MVD
policies, rules, and regulations in relationship to daily operations and transactions.
7.7 The Provider is required to inform and make available appropriate forms to all employees
explaining the Provider's human resources policies.
7.8 The Provider shall inform all employees, agents and contractors in writing that they are
mandated to report violations
of
applicable laws, rules, regulations, or conditions
of
this
Agreement directly to the TFID
of
TRD.
8.
NOTIFICATIONS AND REPORTING CHANGES:
8.1
Within thirty (30) business days after signing this Agreement, the Provider is required to provide
MVD with the employee log and required information for authorized employees listed in
paragraph 5.7 within this agreement.
8.2 The Provider shall report any known violation
of
the terms
of
this Agreement, including
violation
of
applicable laws, rules, or regulations, acts or omissions
of
its employees or
customers, regarding the services provided herein to the Director or Deputy Director
of
MVD
within twenty-four (24) hours
of
becoming aware
of
the incident. This provision includes, but
is
not limited to, reporting
of
any attempt to bribe an employee, potential customer fraud, any
7
breach
of
confidentiality
of
MVD data resources, any misuse
of
MVD inventory, any breach
of
testing integrity, and any criminal misconduct, including violation
of
motor vehicle laws
including DWI by its employees.
8.3
In
the event that an employee
of
the Provider separates from employment, the Provider shall
notify MVD
of
the change within twenty-four (24) hours
of
the event
of
separation.
8.4 The Provider shall notify the MVD Director or Deputy Director in writing within two (2)
business days
of
an arrest, on any charge,
of
any
of
Provider's Users.
9. TRAINING:
9.1 All employees
of
the Provider who work on MVD matters must be sufficiently trained on MVD
policies, procedures, processes, software, and training on system access and transaction
completion, before being allowed
to
process driver or vehicle transactions.
9.2 The Provider shall establish and adhere
to
a timely distribution and training procedure for
written materials and instructions forwarded
to
the Provider by MVD.
9.3 All Users are required
to
attend a MVD-approved vendor training session for both Driver
Services and Vehicle Services.
9.4 Training plans, training videos, or training documents developed by Provider pertaining to MVD
matters must be reviewed and approved by MVD
to
ensure correctness
of
material and
to
ensure
standardization
of
training information among other municipal or county entities that provide
MVD services.
9.5 The Provider shall maintain trammg records for all employees working on MVD matters.
Records shall include all basic, advanced, or remedial instruction provided to the employee by
MVD or by Provider. Training records shall be maintained on site and made available
to
Authorized MVD Representatives upon request and during audits, inspections, or investigations.
9.6 All employees
of
the Provider must complete a Security Awareness Training session provided
on-line by TRD/MVD.
9.7 All the Providers and their employees/users that are approved
to
offer Driver Services are
required to complete Fraudulent Document Recognition training provided on-line by
TRD/MVD.
9.8
The Provider agrees
to
comply with MVD requests that any named Provider employee(s)
complete required MVD training within a timeframe set by MVD.
9.9 The Provider shall comply with, and.train employees on the confidentiality provisions contained
in Section 66-2-7.1, NMSA 1978 and in the DPPA.
9.10 Refresher training shall be given a minimum
of
every two (2) years or as determined by MVD.
All wages, costs and other expenses for the Provider and its employees, including travel,
lodging, and meal costs for any training shall be the responsibility
of
the Provider.
8
10. USER IDENTITY MANAGEMENT:
10.1
The Provider and the Provider's office manager, supervisor(s), and employee(s) who are
authorized to work on and with MVD matters shall be assigned a unique set
of
system access
codes that identify the User and the User's permissible actions within the MVD transaction
applications. The assignment
of
access codes shall be made available
by
the Department once a
request for a User ID for each authorized individual is approved. The Provider shall ensure that
access codes are properly used and secured. The Provider shall immediately change codes upon
notice from MVD.
10.2 Each
of
the Provider's employees shall be assigned a unique password. The Provider must ensure
that passwords are not shared or disclosed amongst employees.
10.3
In
the event
of
employee discipline or separation from employment, the Provider shall notify
MVD in writing within twenty-four (24) hours to deactivate the employee's password. Any
violation
ohhis
provision shall be grounds for suspension
or
termination defined in Section 20.
11. FACILITY:
11.1
This Agreement is contingent upon the Provider maintaining in force during the entire contract
period a lease or sublease that extends by its terms to the end
of
the contract period
of
this
Agreement.
If
the facility is not owned
by
the Provider, the Provider is required to provide
MVD with a copy
of
the current lease or rental agreement for the facility, and all amendments
thereto.
11.2 Prior to the execution
of
this Agreement, the Provider shall provide MVD a copy
of
its insurance
declarations page showing
proof
of
adequate coverage for its employees and buildings.
11.3 The Provider shall maintain its office within the location agreed to
by
MVD; the Provider shall
not move the site to another location without the advance written consent
of
MVD.
11.4
If
Provider
is
establishing a new facility or moving an existing facility to a new location, that
facility is required to be evaluated and approved by MVD prior to Provider finalizing any
decision on use
of
that facility as an MVD facility.
11.5 Provider shall maintain a facility open to the public that meets the following criteria:
(1) Location based on demonstrated public need or market analysis.
(2) Office facilities, including lighting, air conditioning, heating, and ventilation that meet
the standards
of
the local community.
(3) Parking, including disability parking as prescribed
by
law, adequate for projected
customer demand.
(4) Waiting area adequate for projected customer demand.
(5) Restroom facilities adequate for public and employee demand, and when possible,
separate restrooms for gender and for employees and customers will be available.
(6) Testing area providing adequate security and monitoring.
(7) Exterior and interior security as required
by
state and local laws.
(8) Employee work stations meeting OSHA and professional office standards.
9
(9) The Provider's entire facility shall be smoke-free.
11
.6 The Provider's entire facility and parking area shall follow the Federal Americans with
Disabilities Act
of
1990, defined in Title 42 U.S.C., Chapter 126, Section 12101 , and Equal
Opportunity for Individuals with Disabilities et seq., as amended.
11
. 7 The Provider is required to ensure facilities contain adequate access for the delivery
of
MVD
products and services.
11.8 The Provider shall designate a secure location(s) for computer equipment, printers, all data, and
other sensitive information to ensure that the public or unauthorized employees are prohibited or
prevented from accessing or viewing confidential information.
11.9 The Provider shall adopt a current facility maintenance plan
or
update the existing acceptable
facility maintenance plan and submit the plan to MVD Representative within thirty (30) days
of
execution
of
this agreement for review and approval. The Provider shall be responsible for
assuring that the interior and exterior
of
the facility premises are maintained in a clean, safe and
attractive condition at all times.
11.10 The facility maintenance plan shall include that carpets and floors be professionally cleaned as
needed and no less than once per year and that the walls are maintained and free
of
markings
and damage. Interior walls are required to be repainted when necessary or ordered by the MVD
representative during the term
of
this Agreement.
11
.
11
The Provider's exterior facilities shall be well marked, with adequate signs to ensure the public
is able to locate the facility conveniently, and as may be directed by MVD.
11.12 The Provider shall prominently display on the premises and clearly visible to the public a sign
no less than 2ft x 2ft specifying the charges imposed by the Provider for providing services and
products in addition to the fees charged.
11.13 The Provider shall prominently display on the premises and clearly visible to the public a sign
no less than 2ft x 2ft using the following or similar language:
11.13. 1 "This Motor Vehicle Division office is operated by City
of
Aztec under an
agreement with the Motor Vehicle Division
of
the Taxation and Revenue
Department. Comments regarding service
or
other concerns should be directed to
(Delain George, Business Office Director,
201
W Chaco St, Aztec,
NM
87410,
(575) 334-7673)
or
to Director, Motor Vehicle Division, P.O. Box 1028, Santa Fe,
NM
87504-1028, (505) 827-2296."
11
.14 The Provider shall not allow members
of
the public
or
the Provider's employees to post,
advertise,
or
display any printed materials, pictures, or photographs that support, endorse,
promote, or oppose political, religious, or offensive causes.
10
12. INVENTORY AND SUPPLIES:
12.1
Provider is required to maintain an accurate inventory
of
supplies and resources provided by
MVD. MVD shall provide a list
of
items to be inventoried
by
Provider and a format for Provider
to follow.
12.2 Inventory shall remain in a designated area that is secured. The Provider is required to reimburse
MVD for all loss ·
of
MVD inventory, regardless
of
reason, and shall reimburse MVD for all loss
of
inventory. Required secured inventory shall be stored in the following:
(1) A safe.
(2)
An inventory room with a security lock or locks on the door.
(3) A secured lockable cabinet.
12.3 The Provider is required to ensure that only authorized Users have access to MVD related
inventory and supplies.
12.4 The Provider shall maintain a record
of
ordered inventory, received inventory; inventory used,
and inventory discrepancy reports. Inventory records shall be maintained on site and made
available to the MVD Representative upon request. Records shall be retained in accordance with
Provider record retention requirements and/or MVD record retention requirements. In no case
shall records be destroyed without MVD approval.
12.5 The Provider is responsible for all inventory discrepancies and is required to investigate the
cause
of
the inventory discrepancies annually. A written report
of
inventory discrepancy
investigations must be submitted to the TFID, the MVD Director,
or
Deputy Director upon
completion. The Provider is required to reimburse MVD for all loss
of
MVD inventory,
regardless
of
reason, and shall agree to reimburse MVD for all loss
of
inventory.
12
.6 The Provider shall immediately report the discovery
of
any theft, burglary,
or
loss
of
inventory,
controlled documents,
or
products to the appropriate local law enforcement agency and the
Director or Deputy Director
of
MVD.
13. SECURITY
13.1
The Provider shall implement and/or review the existing security plan and submit the new,
existing,
or
updated security plan for the business location to the MVD Representative within
thirty (30) days
of
execution
of
this agreement for review and approval. The security plan shall
contain specifics that eliminate or reduce the potential for loss
of
MVD inventory and improper
access to MVD data systems. Security plan requirements are listed in Appendix D "Mandatory
Computer/Network Security Requirements."
13.2 Providers are required to ensure that all monies received for MVD operational funds are secured
in locking cash registers or lockable drawers.
13
.3 The Provider shall immediately report the discovery
of
any burglaries, and thefts
of
equipment
or controlled documents and controlled products to the appropriate local law enforcement
agency and the Director or Deputy Director
ofMVD.
The Provider shall reimburse MVD for
11
loss
of
all MVD equipment or inventory regardless
of
reason and shall reimburse MVD for any
direct or indirect loss sustained
as
the result
of
such loss.
14. RECORDS AND RECORD REPORTING:
14.1
All records are the property
of
MVD and shall be accessed by Provider and its employees for
MVD business purposes only. Records, for this purpose, are defined as all documentation
related to MVD daily business operations or transactions, whether the records are hand
written, hard copies, originals, scans, typed, emails, or electronic documents or files
regardless
of
physical form or characteristic. MVD shall make available to Provider access
to MVD vehicle and driver record files. Such access shall be strictly limited in scope to that
information needed by Provider in the conduct
of
Provider's MVD related business. The
information obtained through such access shall be used exclusively for the services covered
by this Agreement. Provider and its employees are prohibited from accessing or
disseminating the information received from MVD for any other purpose unless allowed
pursuant to Section 66-2-7.1, NMSA 1978
of
the Motor Vehicle Code or the DPPA.
14.2 The Provider shall allow only authorized Users to access the database records to obtain
information necessary to perform functions and duties
of
the Provider. No other individual or
entity shall access or otherwise utilize any information or data obtained pursuant to this
Agreement for any purpose not permitted or authorized in writing by MVD. Information
from the records or otherwise obtained in connection herewith shall not be provided to any
individual, company, entity or agency without prior authorization in writing
by
MVD.
Unauthorized use or dissemination
of
MVD information will be grounds for immediate
suspension
of
the User pending further investigation or may result in termination
of
this
Agreement.
15. AUDITS, INSPECTIONS AND INVESTIGATIONS:
15.1
The Provider's facilities/service locations, operations, and records are subject to periodic audit
and inspections. TRD/MVD and TFID, through their authorized representative(s), shall
conduct random inspections and audits with or without prior notice to the Provider during
regular business hours to evaluate Provider's operations and to ensure compliance with this
Agreement,
as
well as with state and federal laws, rules, and regulations. The Provider is
required to maintain detailed records
of
all transactions performed under this Agreement for a
period
of
three (3) years from the date the transaction is processed.
15.2 Authorized TRD, MVD, and TFID Representatives are entitled to make copies
of
all the
Provider records at MVD's expense. Records used for MVD-related business, shall indicate the
date, time and nature
of
the services rendered and shall include, but not be limited to, MVD
required transaction reports, payments to MVD, balance and close out documents, daily
financial records, such as deposit information, with total daily revenue summaries for the office.
15.3
The Provider shall keep the original records at its service locations for one (1) year. Failure to
comply with the provisions
of
this subparagraph shall constitute a material breach
of
this
Agreement, entitling MVD to deny access to the MVD system for transaction processing, or
12
suspension until further investigation by MVD Representative until corrective action is
determined.
15.4 The Provider shall be informed in writing by MVD within ten (10) business days
of
an audit or
inspection
of
any deficiencies it may have regarding compliance with applicable laws, rules,
regulations and/or this Agreement that are determined to exist
as
a result
of
an audit, inspections,
or failure to comply with required record maintenance. Within ten (10) business days
of
receiving written notification
of
deficiencies, the Provider shall develop a plan to correct
reported deficiencies. The Provider's corrective action plan must be reviewed and approved by
MVD. To ensure compliance, a secondary audit will be scheduled within fourteen (14) business
days after the implementation
of
the approved corrective action plan. Failure
of
compliance at
the time
of
the secondary audit will result in the suspension or termination
of
this Agreement.
16. PROVIDER COMPENSATION &
TAX
REQUIREMENTS:
16.1
Provider is entitled to no compensation under this Agreement other than that provided by statute.
As compensation for operating a motor vehicle field office, Provider shall be paid in accordance
with Sections 66-6-23(A) (1) and (A) (2) NMSA 1978,
as
that section may be amended and
renumbered.
16.2 Provided that the reports required from Provider have been audited and accepted as required by
Section 66-6-22.1, NMSA 1978, payment, less any applicable penalties, shall be made to
Provider no later than the
24th
day
of
the month following the month
of
collection by Provider or
the date deposited to the credit
of
MVD, whichever is later. Payment shall be accompanied by a
report that includes, at a minimum, the date range for which the payment covers, and shall be
based on transactions reported to MVD by Provider.
16.3
Notwithstanding anything to the contrary contained herein, the Provider shall have the right to
assess its own
fee
for each customer transaction.
16.4 The Provider
is
not subject to the provisions
of
the Gross Receipts and Compensating Tax Act
relative to registration for, filing and paying gross receipts tax on receipts under this Agreement.
17.ASSIGNMENT
17.1
Provider shall not assign or transfer any interest
in
this Agreement or assign any claims for
money due under this Agreement.
18.DISCLOSURE OF INFORMATION I CONFIDENTIALITY:
18.1
During the term
of
this Agreement, and subsequent to any termination hereof, the Provider, its
employees, officers, or representatives shall not disclose, distribute, make available or utilize in
any manner whatsoever, any information, data, records, secrets or confidential material which
was obtained during the performance
of
this Agreement.
18.2 The Provider shall not sell or disclose to any person, firm or corporation, any information
regarding the persons to whom license plates, decals, registrations, licenses or identification
13
cards have been issued or any information
of
any kind tending to disclose the number thereof
issued or the person(s) to whom the same were issued.
18.3 The Provider and all Users are subject to the criminal sanctions for unauthorized disclosure
of
confidential information found in Section 66-2-7.l(B),
NMSA
1978 and the civil sanctions
found in the DPPA at Title
18
U.S.C § 2724, as such statutes may be amended or renumbered.
18.4 The Provider shall further require all Users to sign an acknowledgement form acknowledging
that the User will be subject to criminal and civil sanctions for unauthorized disclosure as
provided above.
19.TERM:
19.1
This Agreement shall be effective on the date on which the parties duly execute it in full. This
Agreement will expire on December 31, 2022 unless terminated or suspended pursuant to the
terms
of
this Agreement.
20.SUSPENSION, REINSTATEMENT & TERMINATION:
20.1 TRD, may suspend access to any MVD data for a period
of
time at the discretion
of
the MVD
Director, for violation
of
any material condition or obligation under this Agreement, any alleged
violation
of
the Motor Vehicle Code and associated MVD rules and regulations, and the timely
processing
of
MVD transactions and required remittance
of
MVD
or
TRD fees.
If
the Provider
believes that suspension is inappropriate, the Provider may appeal the suspension in writing to
the MVD Director within three (3) days
of
the suspension, but any such appeal does not stay the
suspension. The Director's decision on the appeal will be final.
20.2 Either party may terminate this Agreement without cause upon at least thirty (30) days advance
written notice to the other.
By
such termination, neither party shall be excused from
responsibilities or obligations incurred
or
to be performed prior to the notice date
of
termination.
20.3 MVD may terminate this Agreement immediately upon determining that the Provider or any
of
its employees, agents, contractors
or
representatives has:
(1) Falsified any record or information pertaining to this Agreement.
(2) Committed an act or omission that compromises
or
has the potential to compromise the
integrity
ofTRD
operations or systems.
(3) Issued, written or produced any form
of
payment to TRD and said payment is returned
or denied payment
by
any banking
or
credit institution, unless caused by an error or
created by a third party which is not the fault
of
the Provider.
( 4) Failed to timely remit to TRD fees collected.
20.4
If
this Agreement is terminated, the Provider shall surrender to MVD all official records, forms,
documents, supplies and equipment furnished by MVD, and shall take such action as TRD shall
direct for the protection, preservation, retention
or
transfer
of
all property titled to TRD and
records generated under this Agreement. Any property
or
equipment provided to Provider shall
14
be returned to
TRD
upon termination and shall be submitted to TRD within two (2) business
days after termination date
of
the Agreement.
The Provisions
of
paragraph 20.4 within this Agreement are not exclusive and do not waive TRD's
other legal rights and remedies caused by Provider's default/breach
of
this Agreement, including
referral to appropriate law enforcement agencies for criminal prosecution.
21. INSURANCE:
21
.1 The Provider shall procure and maintain for the duration
of
this Agreement, at its own cost and
expense, primary insurance coverage against claims for injuries to person or damages to
property that may arise from or regarding activities undertaken by Provider, its agents,
representatives, employees, or subcontractors. This insurance shall cover such claims
as
may be
caused, in whole or
in
part, by any act, omission, or negligence
of
Provider or its officers,
agents, representatives, employees or subcontractors.
21.2 The Provider agrees to comply with state laws and rules applicable to workers' compensation
benefits for its employees.
If
Provider fails to comply with the Workers Compensation Act and
applicable rules when required
to
do
so
, this Agreement may be terminated by MVD.
22. LIABILITY:
22
.1
In
no event shall MVD or its employees be liable to Provider for any direct, indirect, or
consequential damage which is the result
of
acts
of
god, strikes, lockouts, riots, acts
of
war,
epidemics, power failures, equipment or software failures, nuclear accidents or other disasters.
22
.2 MVD and its employees shall not be liable for any claims
of
any nature against Provider by any
party arising from any failure
of
Provider to transmit or interpret the record access information
accurately.
23. EMPLOYMENT STATUS:
23
.1 The Provider, its officers, agents, representatives and employees are independent contractors
performing services for MVD under this Agreement and are not employees
of
the State
of
New
Mexico. Provider, its officers, agents, representatives, and employees shall not accrue leave, nor
be eligible for retirement, insurance, bonding, use
of
State vehicles, or any other benefits
afforded to employees
of
the State
of
New Mexico.
24.NEW MEXICO EMPLOYEES HEAL TH COVERAGE:
24.1
If
Provider has, or grows to, six (6) or more employees who work, or who are expected to work,
an average
of
at least 20 hours per week over a six (
6)
month period during the term
of
the
contract, the Provider certifies, by signing this agreement, to have in place, and agree to
maintain for the term
of
the contract, health insurance for those employees and offer that health
insurance to those employees
if
the expected annual value in the aggregate
of
any and all
contracts between the Provider and the State exceed $250,000 dollars.
15
24.2 The Provider agrees to maintain a record
of
the number
of
employees who have (a) accepted
health insurance; (b) declined health insurance due to other health insurance coverage already in
place; or (c) declined health insurance for other reasons. These records are subject to review and
audit by a representative
of
the state.
24.3 The Provider agrees to advise all employees
of
the availability
of
State publicly financed health
care coverage program.
25. EQUAL
OPPORTUNITY
COMPLIANCE:
25.1 The Provider agrees to abide by all federal and state laws and rules and regulations, and
executive orders
of
the Governor
of
the State
of
New Mexico, pertaining to equal employment
opportunity.
In
accordance with all such laws
of
the State
of
New Mexico, the Provider assures
that no person in the United States shall, on the grounds
of
race, religion, color, national origin,
ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation,
sexual orientation or gender identity, be excluded from employment with or participation in, be
denied the benefits of, or be otherwise subjected
to
discrimination under any program or activity
performed under this Agreement.
If
the Provider is found not to be following these requirements
during the life
of
this Agreement, the Provider agrees to take appropriate steps to correct these
deficiencies.
26. SUBCONTRACTING:
26.1 The Provider shall not subcontract any portion
of
the services to be performed under this
Agreement without the prior written approval
ofMVD.
27. DISPUTES:
27.1
In
the event
of
a breach, the terms
of
this Agreement in Section 20 define the
remedies
of
the parties. The Provider's sole remedy is specific performance on the part
of
MVD.
27.2 Venue
of
any lawsuit filed by either party against the other arising in whole or in part
out
of
this Agreement shall be in District Court, County
of
Santa Fe, and State
of
New Mexico.
27.3 Disputes between the Provider and members
of
the public concerning the Provider's
denial
of
or failure to either allow or deny any license, permit, placard or registration provided
for under the Motor Vehicle Code, shall be handled by MVD in accordance with Section
66-2-
17,
NMSA 1978 and customers shall be so informed as necessary.
28.AMENDMENT:
28.1
This Agreement shall not be altered, changed, or amended except by instrument in
writing executed by the parties hereto and all other required signatories.
29. INDEMNIFICATION:
29.1
Neither party shall be responsible for liability incurred as a result
of
the other party's
acts or omissions relating to this Agreement including the acts, omissions, or negligent actions
of
the other party. Any liability incurred regarding this Agreement is subject to the immunities and
16
limitations
of
the New Mexico Tort Claims Act, NMSA 1978, and Sections 41-4-1, et seq
.,
as
amended. This paragraph is intended only to define the liabilities between the parties and it is
not intended to modify in any way, the parties' liabilities as governed
by
common law
or
the
New Mexico Tort Claims Act. In the event that any action, suit or proceeding related to the
services performed by the Provider or any officer, agent, employee, servant or subcontractor
under this Agreement is brought against the Provider, the Provider shall, as soon as practicable
but no later than two (2) days after it receives notice thereof, notify the legal counsel
of
the MVD
by certified mail.
30. NOTICES:
30.1 All notices or demands upon either party hereto
by
the other pursuant to this
Agreement shall be in writing and shall be faxed, emailed, delivered in person or sent
by
mail.
30.2 The Provider shall notify the MVD Director
or
Deputy Director in writing thirty (30)
calendar days prior to any change in either Provider's mailing address or Provider's designated
contact person.
30.3 Provider designates the following individual at the following address to be its
representative to receive written notices and communications, which are provided under this
Agreement:
Name:
Title:
Mailing Address:
Physical Address:
Email:
Phone:
Delain George
Business Office Director
201 W Chaco St
Aztec,
NM
87410
201 W Chaco St
Aztec,
NM
87410
dgeorge@aztecnm.gov
(575) 334-7673
30.4 MVD designates the following individual at the following address to be its
representative to receive written notices and communications, which are provided under this
Agreement:
Name:
Title:
Address:
Email:
Phone:
Fax:
Teresa Valdez
Municipal Office Operations
Manager
Motor Vehicle Division
1100 S St. Francis Dr.
Santa Fe,
NM
87505-4147
Teresa. Valdez2@state.nm.us
(505) 660-8114
(505) 476-1515
17
30.5 Provider shall keep MVD informed in writing
of
its current emergency notification
address and telephone number where the Provider may be contacted in the event
of
an
emergency. MVD shall provide similar information regarding the MVD contact.
31. SEVERABILITY:
31
.1
If
any provision
of
this Agreement shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid and enforceable.
If
a court finds
that any provision
of
this Agreement is invalid or unenforceable, but that
by
limiting such
provision it would become valid and enforceable, then such provision shall be deemed to be
written, construed, and enforced as
so
limited.
31.2 MVD shall have no liability to the Provider
if
this Agreement is held to be invalid or
unenforceable, in whole or in part.
32.
ENTIRE AGREEMENT:
32.1
This Agreement shall be governed by the laws
of
the State
of
New Mexico and
subject matter jurisdiction lies with the State
of
New Mexico.
32.2 This Agreement and Appendices referred to herein, incorporates all the agreements,
covenants, and understandings between the parties concerning the subject matter
of
this
Agreement.
33.
ENFORCEMENT OF AGREEMENT:
33.1
A party's failure to require strict performance
of
any provision
of
this Agreement shall not
waive or diminish the Provider's right thereafter to demand strict compliance with that or any
other provision. No waiver by a party
of
any
of
its rights under this Agreement shall be effective
unless express and in writing, and no effective waiver by a party
of
any
of
its rights shall be
effective to waive any other rights.
34. AUTHORITY:
34.1
If
the Provider is other than a natural person, the individual(s) signing this Agreement
on behalf
of
the Provider represents and warrants that he or she has the power and authority to
bind the Provider, and that no further action, resolution, or approval from the Provider is
necessary to enter into a binding contract.
(Signature page to follow)
18
IN WITNESS WHEREOF, the parties have executed this Agreement as
of
the last date on the last
Signature affixed to this Agreement.
State
of
New Mexico Taxation and Revenue Department: Motor Vehicle Division
c;/ff;o:;Ce~
Cabinet Secretary.
Department
of
Taxation and Re nue
Acting Director, Motor Ve
"cle
Division
Department
of
Taxation and Revenue
ting Administrative Services Division Director
Department
of
Taxation and Revenue
City/CountyNillage/Town:
Title
Approved as to form:
City/County Attorney
Date
3 -
7-(
v
Date
:d~18
Date
Date
Date
Date
19
APPENDIX A
Mandatory Computer Requirements - Driver Services
Item Description
1 Local Scanning Hardware/Software
2
3
4
5
(1) Required per office location
Scanner-Fujitsu 7160 (Model FI-7160)-captures documents
or
equivalent
Licensing/Subscription for EMC CWC (projected cost $350/yr.)
Workstation for each employee simultaneously accessing Tapestry
Intel Core
i5
or higher
8GBRAM
Integrated Graphics
At least one
VGA
port and another video port for sending video signals to support
dual monitors (Examples-VGA +Display Port, VGA+DVI, VGA+HDMI,
VGA+VGA)
500GB hard drive
Minimum 6 USB ports
Win 7 minimum OS
Internet Explorer
11
Adobe Acrobat Reader DC
Monitor - 1
7"
or
larger
Mouse
Keyboard
Printer- HP LaserJet P3015dn Printer or equivalent
PROVIDER must supply his or her own POS hardware and software.
No Provider will use Tapestry POS hardware
or
software.
Minimum bandwidth connection to Internet
1 - 4 Persons Office:
5-10 Persons Office:
10-20 Person Office:
1.5Mbps
3-5Mbps
5-15Mbps
ADDITIONAL REQUIREMENTS NEEDED -
Providers Qualified to Produce Credentials
20
TRD-s ecified Camera Station
2
TRD-s ecified E e Testin Machine(s)
Mandatory Computer Requirements - Vehicle\ Vessel Services
Item Description
1 Local Scanning Hardware/Software
2
3
4
5
(2) Required per office location
Scanner-Fujitsu 7160 (Model FI-7160)-captures documents
or
equivalent
Licensing/Subscription for EMC CWC (projected cost $350/yr.)
Workstation for each employee simultaneously accessing Tapestry
Intel Core
i5
or higher
8GBRAM
Integrated Graphics
At least one VGA port and another video port for sending video signals to support
dual monitors (Examples-VGA +Display Port, VGA+DVI, VGA+HDMI,
VGA+VGA)
500GB hard drive
Minimum 4 USB ports
Win 7 minimum
OS
Internet Explorer
11
Adobe Acrobat Reader DC
Monitor - 17" or larger
Mouse
Keyboard
Printer- HP LaserJet P3015dn Printer or equivalent
PROVIDER must supply his or her own POS hardware and software.
No Provider will use Tapestry POS hardware or software.
Minimum bandwidth connection to Internet
1
Person Office:
5-10 Person Office:
10-20 Person Office:
l.5Mbps
3-5Mbps
5-15Mbps
21
APPENDIXB
MANDATORY
Requirements
Providers Qualified
by
MVD to
Perform
Driver Transactions
In
addition to requirements specified elsewhere in the Motor Vehicle Service Provider Agreement, the Provider
must commit to obtaining\providing the following:
Item
1
Description
Corporate Performance and Surety Bond for Loss, Fraud, Theft, Employee Dishonesty,
and any act, omission
or
negligence
of
Company, its officers, agents, representatives,
employees
or
contractors
1 - 5,000
Transactions/year amount
of
bond: $125,000
5,001 - 15,000 Transactions/year amount
of
bond: $250,000
15,001 and over Transactions/year amount
of
bond: $500,000
A Provider performing more than one Type
of
Transactions (Driver, Vehicle, Vessel,
and/or Driver Education) need only obtain one bond for the corporation/partnership.
A Provider possessing current insurance or bond coverage for all these aspects, need only
add MVD as a named party.
Providers without blanket coverage including the above listed events can obtain multiple
bonds or insurance policies. Bonds are preferred. When coverage is split into different
policies
or
bonds, each policy
or
bond must be for the minimum amount
of
coverage the
Provider must cover, given the Provider's transaction volume.
22
APPENDIXC
MANDATORY Requirements
for
Providers
Qualified
by MVD to Perform Vehicle & Vessel Transactions
In addition to requirements specified elsewhere
in
the
Motor
Vehicle Service Provider Agreement, the Provider
must commit to obtaining\providing the following:
Item
2
Description
Corporate Performance and Surety
Bond
for Loss, Fraud, Theft, Employee Dishonesty,
and any act, omission
or
negligence
of
Company, its officers, agents, representatives,
employees or contractors
1 - 5,000 Transactions/year amount
of
bond: $125,000
5,001 -
15
,000 Transactions/year amount
of
bond: $250,000
15,001 and over Transactions/year amount
of
bond: $500,000
A Provider performing more than one
Type
of
Transactions (Driver, Vehicle, Vessel,
and/or Driver Education) need only obtain one bond for the corporation/partnership.
A Provider possessing current insurance or bond coverage for all these aspects, need only
add
MVD
as a loss payee.
Providers without blanket coverage including the above listed events
can
obtain multiple
bonds or insurance policies. Bonds are preferred. Coverage that is split into different
policies
or
bonds, each policy
or
bond must
be
for the minimum amount
of
coverage the
Provider must cover, given the
Provider's
transaction volume.
VIN Inspection Bond
of
$30,000
per
VIN
inspector required, unless the VIN inspectors
are already under the blanket coverage
of
the corporation.
23
APPENDIXD
MANDATORY
Minimum-Security Requirements
In addition to Security Requirements listed
in
the Agreement, Provider must also comply with the following,
depending
on
the type
of
transactions the Provider has been authorized
by
MVD
to perform:
Providers Approved for Driver
and
or
Vehicle\V essel Services
Only
Item
Description
1
A Separate, unique email box for each Provider employee performing Tapestry transactions.
The sharing or disclosure
of
user IDs
or
logon credentials is PROHIBITED.
2
Any
computing devices connected to
MVD
systems are required to have up-to-date system
updates and antivirus/antimalware installed, full disk encryption is also recommended.
The
use
of
removable media is prohibited unless approved
by
MVD
and should
be
encrypted.
Further instructions for implementing minimal required security controls
can
be
found here:
htt12:
//csrc.nist.gov/12ublications/
fi12s
lfi12s200/FIPS-200-furnl-march.Qdf
Definitions for removable media - USB port devices (external hard drive), Compact Discs
(CDs), Digital Versatile Discs (DVDs),
USB
flash/thumb drives, handheld wireless devices,
media device, camera, audio recording device, and any other existing
or
future mobile
storage device.
Documentation
on
encryption standards
can
be
found at:
htt12
:// csrc.nist. gov/12ublications/
fi12s
l
fi12s
140-2/
fiQS
1402. Qdf
3
Any computing devices including Provider networking devices (routers, switches, firewalls)
used for connecting to
MVD
System such as Tapestry must use strong, complex password
including one capital, one number, and one special character. Default, simple out
of
the box
passwords should
be
changed or disabled.
4
When a device with a hard drive
or
other storage medium including copier/scanner is no
longer needed, the data contained is to
be
deleted and the storage
medium
destroyed.
Guidelines
on
how this removal
can
be accomplished
can
be
found at:
htt12:
//nvl12ubs.nist.gov/
nist12ubs
/S12ecialPublications/NIST.SP.800-88rl .Qdf
This process should be documented and reported to MVD.
5
Any sensitive PII obtained under this contract shall
be
removed from the Provider-owned
information technology assets upon termination
or
expiration
of
the Provider agreement.
Guidelines on how this removal
can
be accomplished
can
be found at:
htt12:
//nvl12ubs.nist.gov/
nist12ubs
/S12ecialPublications/NIST.SP.800-88rl .Qdf
This process should
be
documented and reported to MVD.
6
The
Provider agrees that in the event
of
any
actual or suspected breach
of
PII (i.e. loss
of
control, compromise, unauthorized disclosure, access for an unauthorized purpose,
or
other
unauthorized access, whether physical
or
electronic.) will
be
reported to
MVD
and to
TRD
CSO within 24 hours
of
its discovery.
7 The Provider should ensure any computing devices connected to
MVD
system such as
Tapestry should
be
physically secured to prevent unauthorized removal
or
theft.
24
8 Providers must not email Personally Identifiable Information (PII) to prevent disclosure.
9 Users must not save their password in the Internet Web Browser.
Appendix E
25
MVD MISSION
AND
CORE VALUES
MVD Mission:
Outstanding service to the motoring public- every customer, every transaction, every time.
MVD Vision:
National excellence in motor vehicle services and operations.
MVD Core Values:
To take care
of
our customers by taking care
of
our staff.
To provide a supportive and professional work environment with a focus
on
teamwork, documented
policies and procedures, accountability, person responsibility, employee development, and good
communication.
To provide quality customer services that is consistent, timely, accurate, confidential, efficient, and
professional.
To value our customers' time by minimizing field office, wait times, and by providing alternative
service delivery channels which eliminate the need to wait in line.
To minimize fraud and opportunities for identity theft.
To meet state and federal requirements with budget parameters.
Provider's signature
Date
26
ay
yo-.
STATE
OF
NEW
MEXICO
TAXATION
AND
REVENUE
DEPARTMENT
MUNICIPAL
OR
COUNTY
MOTOR
VEHICLE
SERVICE
PROVIDER
AGREEMENT
THIS
AGREEMENT
is
made
and
entered
into
pursuant
to
the
provisions
of
Section
66-
2
H
14,
NMSA
1978
by
and
between
the
State
of
New
Mexico,
Taxation
and
Revenue
Department
e
TRD),
Motor
Vehicle
Division
MVD)
and
the
City /
County/
Village
known
as
CITY
OF
AZTEC
hereinafter "
Provider
1.
PURPOSE:
For
the
purpose
of
effecting
economy
in
carrying
out
the
functions
of
MVD
and
of
providing
necessary
services
to
the
people
of
the
State
of
New
Mexico,
Section
66 -
2 -
14,
NMSA
1978
authorizes
the
TRD
secretary
to
appoint
agents
to
act
on
behalf
of
MVD
to
perform
certain
functions
of
MVD.
Under
this
authority,
MVD
hereby
appoints
Provider
to
perform
certain
services
on
behalf
of
MVD,
and
Provider
accepts
this
appointment,
subject
to
the
provisions
of
this
Agreement.
2.
DEFINITIONS:
The
following
terms,
phrases
and
acronyms,
as
used
in
this
Agreement,
are
defined.
2.1
Authorized
MVD
Representative"
means
an
employee
of
MVD,
TFID
TRD,
or
another
agency
of
the
State
of
New
Mexico
who
has
been
authorized,
either
by
their
job
classification
or
in
writing
by
the
MVD
Director
or
delegate,
to
inspect,
audit,
observe,
or
otherwise
review
the
operations
and
records
of
Provider.
2.2
Confidential
information"
means
personal
information
about
an
individual
obtained
by
MVD
or
Provider
in
connection
with
a
person'
s
motor
vehicle
information
pursuant
to
the
Motor
Vehicle
Code,
that
may
not
be
released
pursuant
to
Section
66-
2 -
7.1,
NMSA
1978
or
the
DPPA.
2.3
Data"
means
any
type
of
motor
vehicle
information
required
by
federal
or
New
Mexico
statute
to
be
obtained
by
MVD
and
maintained
in
the
MVD
database.
2.4
Department"
means
the
New
Mexico
Taxation
and
Revenue
Department.
2.5
DPPA"
means
the
Driver'
s
Privacy
Protection
Act
of
1994 (
18
U.
S.
C.
2721
2725).
2.6
fee"
means
the
amount
charged
as
established
by
law
for
various
MVD'
transactions.
2.7
HIN
Inspection"
means
the
physical
verification
of
the
Hull
Identification
Number
affixed
to
a
vessel.
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2.8
Motor
Vehicle
Information"
means
any
information
obtained
and
maintained
pertaining
to
identification
cards,
driver
licenses,
permits,
disabled
placards,
and
motor
vehicle
or
vessel
title
and
registration.
2.9
MVD"
means
the
Motor
Vehicle
Division
of
the
New
Mexico
Taxation
and
Revenue
Department.
2.
10 "
Product"
or "
Products"
means
tangible
items
such
as
license
plates,
title
documents,
registration
stickers,
driver
licenses,
or
permits
that
are
delivered
to
a
customer
as
a
result
of
completing
a
transaction
with
Provider.
2.
11 "
Services"
means
the
act
or
process
of
completing
a
customer'
s
vehicle,
vessel,
or
driver
transactions.
2.
12 "
Tax
Fraud
Investigation
Division"
of "
TFID"
means
that
unit
of
TRD
charged
with
investigative
powers
and
duties.
2.
13 "
Transaction"
means
all
operations
completed
at
one
time
during
a
customer'
s
single
visit
to
Provider.
2.
14 "
TRD"
means
the
New
Mexico
Taxation
and
Revenue
Department.
2.
15 "
User"
means
Provider
or
any
person
employed
by
Provider
who
has
access
to
MVD
data,
who
performs
tasks
to
deliver
MVD
products
or
services,
or
who
has
access
to
MVD
forms,
documents,
equipment,
or
inventory.
2.
16 "
VIN
Inspection"
means
the
physical
verification,
performed
by
a
certified
VIN
inspector,
of
the
Vehicle
Identification
Number (
VIN)
affixed
to
a
motor
vehicle.
3.
SCOPE
OF
WORK:
The
following
services,
actions
or
transactions
are
delegated
to
Provider:
3.1
Vehicle
Services:
Register
and
title
vehicles
and/
or
vessels
under
the
provisions
of
Chapter
66,
NMSA
1978,
as
amended
or
renumbered,
and
remit
the
daily
transaction
records
and
documentation
to
MVD
as
required.
3.2
Driver
Services:
Accept
applications
for,
administer
required
written
and/
or
skills
tests,
and
issue
driver
licenses,
permits,
disabled
placards
and
identification
cards
under
the
provisions
of
Chapter
66,
NMSA
1978,
as
amended
or
renumbered,
and
remit
the
daily
transaction
records
and
documentation
to
MVD
as
required.
3.3
Financial
Responsibilities:
Collect
all
fees,
taxes
and
other
charges
provided
by
law
under
Chapter
7,
Articles
14
and
14A,
and
Chapter
66,
NMSA
1978,
as
amended
or
renumbered,
and
remit
those
fees,
taxes
and
charges
to
MVD,
using
an
attestation
of
accuracy,
no
later
than
the
close
of
the
next
business
day
following
the
transaction
or
revenue
collection,
through
electronic
funds
transfer (
EFT)
or
deposit
to
a
local
TRD-
approved
account
under
the
provisions
of
Section
66 -
2 -
15,
NMSA
1978,
as
amended
or
renumbered.
Provider
shall
remit
all
1
2-
administrative
fees
imposed
pursuant
to
Section
66 -
2 -
16,
NMSA
1978
in
the
manner
established
by
MVD.
If
Provider
undercharges
the
customer,
the
Provider
is
responsible
for
timely
remitting
the
correct
amount
to
MVD.
If
Provider
overcharges
the
customer,
the
Provider
must
remit
to
MVD
the
amount
collected
from
the
customer
and
the
customer
will
need
to
file
a
claim
for
refund
with
MVD
in
order
to
be
reimbursed
the
amount
overcharged
by
the
Provider._
The
Provider
shall
pay
TRD
a
penalty
of
twenty
dollars ($
20)
for
each
payment
it
presents
to
TRD
that
is
not
honored
by
the
drawee
financial
institution.
3.3.
1
If
Provider
opts
to
remit
fees,
taxes
and
charges
to
MVD
through
EFT,
Provider
may
accept
personal,
business
checks,
debit,
or
credit
card
payments
from
its
customers.
Remittances
shall
be
made
within
one (
1)
business
day
of
the
financial
transaction,
unless
there
is
an
unavoidable
delay
due
to
system
failure
caused
by
MVD
and
MVD
has
been
notified
and
approved
delay
in
remittance.
3.3.
2
If
Provider
opts
to
remit
fees,
taxes
and
charges
to
MVD
through
EFT,
Provider
shall
be
responsible
for
all
monies
received
from
its
customers
in
payment
of
taxes
and
fees.
If
Provider
accepts
checks,
drafts
or
other
negotiable
paper,
Provider
shall
be
held
responsible
for
the
payment
thereof
3.3.
3
If
Provider
opts
to
remit
fees,
taxes
and
charges
to
MVD
through
deposit
to
a
local
TRD-
approved
account,
Provider
may
accept
personal,
business
checks,
debit,
or
credit
card
payments
from
is
customers
and
MVD
shall
be
liable
for
any
check
returned
for
insufficient
funds
or
any
other
dishonor.
3.3.
4
Regardless
of
whether
Provider
opts
to
remit
fees,
taxes
and
charges
to
MVD
through
EFT
or
deposit
to
a
local
TRD-
approved
account,
Provider
shall
pay
MVD
a
penalty
for
all
such
fees,
taxes
and
other
charges
which
are
not
transferred
to
MVD
no
later than
the
close
of
the
next
business
day
following
the
transaction.
For
each
day
that
such
transfers
are
late,
the
penalty
shall
be
ten
percent (
10
of
the
amount
due,
up
to
a
maximum
of
thirty
percent
30
on
the
third
day
and
thereafter.
This
penalty
may
be
withheld
from
MVD
distributions
to
Provider.
3.4 VIN /
HIN
Inspections:
Certified
inspectors,
employed
by
Provider,
may
perform
vehicle
and
vessel
inspections
only
at
Provider'
s
location
if
they
are
bonded
separately
from
the
basic
Provider
bonding
requirements.
Certified
law
enforcement
and
department
VIN /
HIN
inspectors
may
also
perform
VIN/
HIN
inspections
at
the
Provider'
s
location.
4.
PROVIDER
QUALIFICATIONS:
Provider
must
meet
the
following
minimum
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
years;
3-
i
4
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
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.
RESPONSIBILITIES
AND
REQUIREMENTS
OF
PROVIDER
5.1.
GENERAL
5.1.
1
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.,
NMA
1978
and
the
federal
Civil
Rights
Act
of
1964.
5.1.
2
Provider
and
employees
of
Provider
who
work
on
MVD
matters
are
not
employees
of
the
State
of
New
Mexico.
Neither Provider
nor
its
employees
shall
represent
that
Provider
or
Provider'
s
employees
are
employed by
or
are
a
subdivision
of
MVD
or
the
State
of
New
Mexico.
5.1.
3
Within
thirty (
30)
calendar
days
after
signing
this
Agreement,
Provider,
at
its
own
expense,
shall
procure
a
rider
to
its
blanket
coverage
bond,
to
include
both
surety
coverage
and
Employee
Dishonesty
coverage
in
the
amount
of
One
Hundred
Thousand ($
100,000),
naming
the
State
of
New
Mexico,
MVD
as
the
bondholder
and
Loss
Payee
and
containing
a
provision
that
requires
the
bonding
company
to
immediately
report
any
delinquency,
default
or
cancellation
of
bond
coverage
to
the
Motor
Vehicle
Division,
P.
O.
Box
1028,
Santa
Fe,
NM
87504 -
1028, (
505)
827 -
2296.
The
amount
of
these
bonds
may
be increased
at
MVD'
s
sole
discretion.
In
the
event
MVD
increases
any
bond
amount,
Provider
shall
provide
MVD
with
proof
of
compliance
within
five (
5)
business
days
after
being
notified
by
MVD
of
the
increase
in
bonding
amount.
5.1.
4
Provider
shall
prepare
detailed
daily
reports
of
all
transactions
conducted
and
revenues
collected
for
services
rendered
by
Provider
pursuant
to
this
Agreement,
in
a
form
and
format
authorized
by
MVD,
and
Provider
shall
submit
those
reports
to
MVD
no
later
than
the
close
of
the
next
business
day
following
the
transaction.
MVD
shall,
at
MVD'
s
expense,
provide
Provider
with
pre-
addressed,
postage
prepaid
envelopes
that
Provider
may
use
in
order
to
mail
the
daily
reports
to
MVD.
4-
Provider
shall
prepare
copies
of
source
documents
used
to
facilitate
certain
transactions
in
a
report
form
and
format
required
by
MVD
and
in
accordance
with
applicable
MVD
policies
and
procedures.
Provider
shall
submit
those
reports
to
TFID
or
MVD
as
required
no
later
than
the
close
of
the
next
business
day
following
the
transaction.
MVD
may
require
the
Provider
to
scan
documents
on
equipment
which
will
be
provided
by
MVD.
MVD
shall,
at
MVD'
s
expense,
provide
Provider
with
pre
addressed,
postage
prepaid
envelopes
that
Provider
may
use
in
order
to
mail
the
daily
reports
to
TFID
or
MVD
as
required.
5.1.
5
MVD
will
provide,
maintain
and
repair
computers,
printers,
camera
equipment
and
network
connectivity,
including
hardware
and
circuits
necessary
to
perform
driver
and
vehicle
transactions.
Provider
agrees
to
use
only
MVD
approved
software
for
performing
vehicle
or
driver
transactions.
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.
Provider
shall
provide
utilities,
office
space,
employees,
and
general
office
supplies
to
include
fax
machines,
copiers
and
other items
not
specified
herein
necessary
to
provide
services
under
this
Agreement.
Provider
is
responsible
for
all
costs
of
providing
and
maintaining
such
equipment,
and
connections,
regardless
of
whether
the
cost
is
a
one -
time
or
recurring
cost,
except
as
may
be
further
specified
in
this
Agreement.
Provider
shall
provide
and
maintain,
at
Provider'
s
expense,
any
and
all
other
equipment
necessary
for
the
running
of
Provider'
s
MVD
office.
All
equipment
and
communications
must
meet
the
minimum
standards
established
by
MVD.
5.1.
6
After
the
initial
installation
of
computer
equipment,
if
the
equipment
is
moved
at
the
request
of
Provider,
Provider
must
reimburse
TRD
for
TRD'
s
cost
of
employee
time
and
travel
expense
spent
moving
the
computer
equipment.
Provider
agrees
to
properly
pack
the
computer
equipment
for
moving.
5.1.
7
Provider
shall
not
sell
or
transfer
data
obtained
from
MVD
or
on
MVD'
S
behalf
to
any
third
party
unless
authorized
in
writing
by
MVD.
5.1.
8
MVD
may
establish
quality
performance
standards.
MVD
will
keep
Provider
advised
of
these
standards
and
of
any
change
made
in
the
standards
from
time
to
time.
If
Provider
does
not
meet
these
standards,
MVD
may
charge
Provider
the
costs
incurred
by
MVD
for
MVD
employee
time
and
travel
expenses
for
correcting
Provider
errors.
5.1.
9
Provider
shall
report
any
violation
of
the
terms
of
this
Agreement,
including
violation
of
applicable
laws,
rules,
or
regulations,
and
potentially
illegal
incidents,
acts
or
omissions
of
its
employees
or
customers
which
relate
to
the
services
provided
herein
to
a
Deputy
Director
of
MVD
within
twenty -
four (
24)
hours
of
learning
of
the
same.
This
provision
includes,
but
is
not
limited
to,
reporting
of
any
attempt
to
bribe
an
employee,
potential
customer
fraud,
any
breach
of
confidentiality
of
MVD
data
resources,
any
misuse
of
MVD
inventory,
any
breach
of
testing
integrity,
and
any
criminal
misconduct,
including
violation
of
motor
vehicle
laws,
of
or
by
its
personnel.
5
5.1.
10
MVD
shall
provide
any
special
equipment
required
for
Provider
to
perform
its
obligations
under
this
Agreement.
Such
equipment
shall
be
purchased
and
maintained
by
MVD
at
MVD'
s
expense.
Special
equipment
may
include
computers,
license
photo
cameras,
laminating
machines,
special
forms
printers,
vision
testing
equipment
or
kiosks.
Standard
printers,
copiers
and
fax
machines
are
specifically
not
included
5.2
BACKGROUND
INVESTIGATIONS
5.2.
1
Provider
agrees
to
assist
MVD,
or
any
Authorized
MVD
Representative
in
conducting
a
background
investigation
on
all
Users
and
employees
of
Provider
who
work
on
MVD
matters.
Provider
shall
pay
the
cost
of
the
background
investigations.
These
investigations
shall
include,
at
a
minimum:
5.2.1.1
Criminal
record
history,
as
provided
by
the
New
Mexico
Department
of
Public
Safety
and
as
provided
by
law;
5.2.1.2
Court
record
history;
5.2.1.3
Work
history;
5.2.1.4
Tax
compliance
history (
New
Mexico
and
federal);
5.2.1.5
Driving
history.
5.3
PROVIDER
PERSONNEL
5.3.
1
Provider
is
fully
responsible
for
the
acts
or
omissions
of
Provider
and
its
employees
in
the
performance
of
the
services
Provider
provides
under
this
Agreement.
5.3.
2
Provider
shall
not
hire
or
engage
the
services
of
any
current
employee
of
the
Department
unless
Provider
has
first
notified
the
Director
or
a
Deputy
Director
of
MVD.
5.3.
3
Provider
shall
not
employ
any
individual
to
provide
MVD
services
if
the
individual
has
a
conviction
within
the last
ten
years
for
fraud,
theft,
bribery,
making
false
statements,
or
any
crime
involving
dishonesty.
5.3.
4
Provider
shall
not,
without
written
permission
from
MVD,
employ
any
individual
to
provide
MVD
services
if
the
individual
has
been
subject
to
disciplinary
action
within
the
last
ten
years
for
alleged
fraud,
theft,
bribery,
making
false
statements
or
any
crime
involving
dishonesty
during
the
course
of
employment.
5.3.
5
Provider
shall
immediately
suspend
any
employee
from
access
to
MVD
products
and
service
delivery
upon
notification
from
MVD
or
TRD
that
a
criminal
or
administrative
investigation
has
been
initiated
with
regard
to
that
individual.
6-
5.3.
6
Provider
shall
notify
an
MVD
Deputy
Director
of
the
separation
of
any
employee
from
its
employment
within
twenty -
four (
24)
hours.
5.3.
7
Provider
shall
notify
an
MVD
Deputy
Director
in
writing
within
two (
2)
business
days
of
an
arrest,
on
any
charge,
of
any
of
Provider'
s
Users.
5.3.
8
Provider
shall
maintain
an
accurate
roster
of
all
Provider
personnel
working
on
MVD
matters.
The
roster
shall
contain
the
name,
address,
date
of
birth,
date
of
hire,
social
security
number,
home
telephone
number,
and
work
schedule
of
such
personnel.
The
roster
shall
also
contain
the
date
that
Provider
performed
the
background
investigation
of
Section
5.2.
1,
above,
pertaining
to
each
member
of
Provider'
s
personnel
who
works
on
MVD
matters
or
has
access
to
Motor
Vehicle
Information.
Provider
shall
maintain
the
personnel
roster
on
site
in
a
secure
location
and
it
shall
be
accessible
to
Authorized
MVD
Representative(
s)
upon
request.
Provider
shall
provide
a
current
roster
to
an
MVD
Deputy
Director
by
the
5th
workday
of
every
January
and
July.
The
roster
may
be
provided
to
an
MVD
Deputy
Director
via
mail,
fax,
or
e-
mail.
Provider
shall
verify
with
an
MVD
Deputy
Director
that
the
roster
has
been
received
by
MVD.
5.4
TRAINING
5.4.
1
Training
plans
developed
by
Provider
pertaining
to
MVD
matters
may
be
reviewed
and
approved
by
MVD
to
ensure
correctness
of
material
and
to
ensure
standardization
of
training
information
among
other
municipal
or
county
entities
that
provide
MVD
services.
5.4.
2
Provider
shall
maintain
training
records
for
all
employees
working
on
MVD
matters.
Records
shall
include
all
basic,
advanced,
or
remedial
instruction
provided
to
the
employee
by
MVD
or
by
Provider.
Training
records
shall
be
maintained
on
site and
made
available
to
Authorized
MVD
Representatives
upon
request.
5.4.
3
All
employees
of
Provider
who
work
on
MVD
matters
shall
attend
training
sessions
as
required
by
MVD.
Except
as
provided
for
in
paragraph
7.4,
all
wages,
costs
and
other
expenses
for
Provider
and
its
employees,
including
travel,
lodging
and
meal
costs
shall
be
borne
by
Provider.
5.4.
4
Provider
agrees
to
comply
with
MVD
requests
that
any
named
Provider
employee
complete
required
MVD
training
within
a
timeframe
set
by
MVD.
5.4.
5
All
employees
of
Provider
who
work
on
MVD
matters
must
successfully
complete
a
basic
course
on
MVD
policies,
procedures,
processes
and
software,
including
training
p
on
system
access
and
transaction
completion,
before
being
allowed
to
process
driver
or
vehicle
transactions.
5.4.
6
Provider
shall
comply
with,
and
train
employees
on
the
confidentiality
provisions
contained
in
Section
66-
2 -
7.1,
NMSA
1978
and
also
in
the
DPPA.
7-
z
5.4.
7
Provider
shall
establish
and
adhere
to
a
timely
distribution
and
training
procedure
for
written
materials
and
instructions forwarded
to
Provider
by
MVD.
5.5
AUDITS
AND
INSPECTIONS
5.5.
1
All
Provider
service
locations
are
subject
to
periodic
audits
and
inspections
without
prior
notice
by
TRD/
MVD,
including
but
not
limited
to
TFID
and
Authorized
MVD
and
TFID
Representatives,
at
any
time
and
from
time
to
time,
in
the
sole
discretion
of
MVD,
to
evaluate
the
Provider'
s
operations
to
ensure
compliance
with
this
Agreement,
as
well
as
with
state
and
federal
laws,
rules,
and
regulations.
The
Provider
shall
maintain
detailed
records
of
all
transactions
performed
under
this
Agreement
for
a
period
of
three (
3)
years
from
the
date
the
transaction
is
processed.
Authorized
TRD,
MVD
and
TFID
Representatives
are
entitled
to
make
copies
of
all
Provider
records
at
Provider'
s
expense.
Records
including
bank
records
for
accounts
used
for
MVD
related
business,
shall
indicate
the
date,
time
and
nature
of
the
services
rendered
and
shall
include,
but
not
be
limited
to,
MVD
required
transaction
reports,
payments
to
MVD,
balance
and
close
out
documents
and
daily
financial
records,
such
as
bank
deposit
information
with
daily
revenue
summaries
for
the
office
total.
The
Provider
shall
also
maintain
a
copy
of
all
original
documents
required
to
be
or
actually
submitted
to
MVD.
Failure
to
comply
with
the
provisions
of
this
subparagraph
shall
constitute
a
material
breach
of
this
Agreement,
entitling
MVD
to
disallow
access
to
the
MVD
system
for
transaction
processing
or
to
pursue
any
of
the
remedies
provided
in
Paragraph
12
below.
5.5.
2
Provider
shall
be
informed
in
writing
of
any
deficiencies
with
applicable
laws,
rules,
regulations
and/
or
this
Agreement
that
are
determined
to
exist
as
a
result
of
audit
and
inspection
procedures.
Within
ten (
10)
business
days
Agent
shall
develop
for
MVD'
s
review
and
approval
a
plan
and
a
timeline
to
correct
reported
deficiencies.
Failure
to
adhere
to
the
MVD
approved
plan
and
timeline
shall
constitute
a
material
breach
of
this
Agreement,
entitling
MVD
to
disallow
Provider'
s
access
to
the
MVD
system
for
transaction
processing
or
to
pursue
any
of
the
remedies
provided
in
Paragraph
12
below.
5.5.
3
Provider
shall
inform
all
employees,
agents
and
contractors
in
writing
that
they
are
authorized
to
report
violations
of
applicable
laws,
rules,
regulations,
or
conditions
of
this
Agreement
directly
to
the
TFID
of
TRD.
5.6
INVENTORY
AND
SUPPLIES
5.6.
1
Provider
shall,
at
all
times,
maintain
an
accurate
inventory
of
supplies
and
resources
that
have
been
provided
by
MVD
as
well
as
other
MVD
required
resources.
MVD
shall
provide
a
list
of
items
to
be
inventoried
by
Provider,
and
a
format
for
Provider
to
follow.
5.6.
2
Provider
shall
conduct
a
physical
count
at
the
beginning
of
each
workday
of
items
to
be
inventoried.
Any
discrepancies
shall
be
reported
to
an
MVD
Deputy
Director
on
the
same
day
of
the
discovery.
5.6.
3
Provider
shall
initiate
an
investigation
to
determine
the
cause
of
each
inventory
discrepancy.
A
written
report
of
inventory
discrepancy
investigations
shall
be
submitted
to
the
TFID
and
an
MVD
Deputy
Director
upon
completion.
8-
5.6.
4
Provider
shall
maintain
a
record
of
ordered
inventory,
received
inventory,
inventory
used,
and
inventory
discrepancy
reports.
Inventory
records
shall
be
maintained
on
site
and
made
available
to
Authorized
MVD
Representatives
upon
request.
Records
shall
be
retained
in
accordance
with
Provider
record
retention
requirements
and/
or
MVD
record
retention
requirements.
In
no
case
will
records
be
destroyed
without
MVD
approval.
5.7
SECURITY
5.7.
1
Provider
shall
implement
a
physical
security
plan
for
each
business
location
that
eliminates
or
reduces
the
potential
for
loss
of
MVD
inventory
or
improper
access
to
MVD
data
systems.
The
security
plan
shall
at
a
minimum
include:
5.7.1.1
Appropriate
locks
for
exterior
and
interior
doors,
roof
hatches
and
windows.
5.7.1.2
Documented
key
access
control.
5.7.1.3
Secure
cash
registers
or
locking
drawers
for
operational
funds
and
monies
received.
5.7.1.4
A
safe,
lockable
room,
or
secured
locking
cabinet
for
MVD
funds
and
inventory.
5.1.7.5
Computer
system
security
measures
as
required
by
TRD.
5.7.
2
Provider
shall
ensure
that
only
authorized
Users
have
access
to
any
driver
licenses,
identification
cards,
validation
plates,
stickers,
titles
or
other
equipment
or
supplies.
5.7.
3
Provider
shall
immediately
report
the
discovery
of
any
theft,
burglary,
or
loss
of
equipment
or
controlled
documents
or
products
to
the
appropriate
local
law
enforcement
agency
and
the
Deputy
Director
of
MVD.
5.7.
4
Provider
shall
reimburse
MVD
for
any
loss
of
MVD
equipment
or
inventory
and
agrees
to
reimburse
MVD
for
any
direct
or
indirect
loss
sustained
as
the
result
of
such
loss.
5.8
USER
IDENTITY
MANAGEMENT
5.8.
1
Provider,
and
its
Office
Manager,
Supervisor(
s)
and
each
employee
of
Provider
who
works
on
MVD
matters
shall
be
assigned
a
unique
set
of
system
access
codes
that
identifies
the
User
and
the
User'
s
permissible
actions
within
the
MVD
transaction