EXECUTIVE DOCUMENT SUMMARY • Stale Form 41221 (R10/4-06) { - · - \' ·! Instructions for completing the EDS and the Contract process. .,. 2 '· 16. Address: 1. Please read the guidelines on the back of this form. 2. Please type all information. 3. Check all boxes that apply. Bureau of Motor Vehicles Procurement 100 N SENATE AVE lNDlANAPOUS. IN 46204 renewals, attach original contract 4. For amendments/ 5. Attach additional pages if necessary. Date prepared: EDS Number. -Maintenance Grant X lease _ Attorney -Amendment# MOU __!_Renewal#------~- License Agreement ______ _ Other 4. Account Number: INDIANA STATE POLICE !----------------+---------------~ 6. Total amount this action: 7 .New contract total: $0.00 8. Revenue generated this action: 25. Telepl1one #: 317-23--t-7638 24. l\'ame: 5. Account Name: 26. Address: 100 N SENATE IGCN-RM 340 lNDIANAPOUS, 0.00 9.Revenue generated total contract: $0.00 $0.00 27. E-mail address: 10.New total amount for each fiscal year: eforks@isp.in.gov 28. Is the \'eudor registered with the Secretary of State? (Out ofState Year Corporations, must be registered) Year Year Year __ IN 46204 __ Yes _ Women: Yes IN-Veteran Yes X --RFP# --~ __ Emergency .l$_______01her6pt'ci.M Negotiated 100.0 % 32. If yes. list the%: 35. Will the attached document im·olve data processing or telecommunications \\'omen: __ \'es ~ No IN-Veteran __ \'es ~ No '" ~linoritv: _____ % Women: _____ % IN- Veteran 33. Is there Renewal Language __ Special Procurement STATEAGCY No No 3l. Sub Vendor. ~lfWBE/JN-Veteran X No Minority: Yes 13. ~lethod of source selection: __ BidiQuotation __ X 30. Primary Vendor Pen.:entages 29. Primary Vendor: Mi\\'BEIJN-Vetera X No ~linority: Yes % 34. Is there a "Termination for Convenience" clause in the X system Yes No Jc,c11111,-nt? X Yes No Yes: JOT or Delegate has signed off on eontmct 36. Statu\oty Authority (Cile applicah/e Indiana or Federal ( 'odes): 9-14-3.5 ill this agreement.) 37. Description of work and justification for spending money. (l'lea5e grt·ea brief deffriplio11of the .1copeof irork h1cl11ded BMV slull sh.ire pe,sorul inforrru.tion with lndiam State Police Fusion Ccntu in ;m:ord3oce \,ith Indiana COp,.:in,1billtie, 39. If this contract is submitted late, please explain why: (Rt'quir.'d if more 1/m11 30 days /me.) 42. Budget agency apprornl 40\\t;:.:.):~_sj~~),t~.~!!:St.:.11ativ!.{1~_£~\.)J),-~) fl.l-.k /~ '- •• ¾., 44.Attomey General's Ofiice ap~t'mal 43. Date Approwd 45. Date Approved 111111m 1m1111111111111rn1111111111111111111111111 Indiana BMV 46. Agency representative reeeidng from AG 102917 47. Date Approved 77101-001 GULaw Privacy FR AMENDMENT #1/ RENEWAL #1 iVIEMORANDUM OF UNDERSTANDING BETWEEN THE INDIANA BUREAU OF MOTOR VEHICLES AND THE INDIANA STATE POLICE EDS# A47-14-235-021 This First Amendment AND First Renewal ("Amendment #1 / Renewal #1") renews and modifies the Memorandum of Understanding (collectively the "MOU") executed on February 21, 2014, among the Indiana Bureau of Motor Vehicles (the "BMV") and the Indiana State Police (the "ISP"), (collectively the "Parties") for the rights and responsibilities for transferring of data and infonnation from the BMV to the Indiana Intelligence Fusion Center ("IIFC"), which ISP operates. 'WHEREAS, the Parties hereto desire to formally renew this MOU for two (2) years, to be effective from December 1, 2015 to November 30, 2017, as the Parties have continued, in good faith, to perfo1m the duties set f011hin the MOU; vVHEREAS, the Parties hereto desire to modify Subsection VII(I.) section due to staff turnover; notification to parties IT IS THEREFORE AGREED, in consideration of the recitals and terms herein, the Pmiies agree to renew and modify the MOU as follows: I. Pursuant to Subsection VII(B.), the MOU may be renewed by the Parties. Therefore, the · Parties agree that the Renewal #1 to the MOU commenced on December 1, .2015 and shall continue through November 30, 2017. II. Subsection VII(I.) shall be modified to reflect a change in staff and read as: Whenever any notice, statement, or other communication is required under this MOU, it shall be sent to the following, unless otherwise advised: Notice to ISP shall be sent to: Indiana State Police, Legal Office 100 N. Senate Ave., IGCN 340 Indianapolis, IN 46204 Telephone: 317-233-9026 Fax: 317-234-7638 EDS# A47-14-235-021 Indiana BMV Amendment# I 102918 Page 1 of3 GULaw Privacy FR Notice to BMV shall be sent to: Stephen Hull Deputy Commissioner Audit & Investigations Bureau of Motor Vehicles 100 N. Senate Ave., IGCN 404 Indianapolis, IN 46204 Telephone: (317) 232-2805 Fax: (317) 233-3203 Email: shull@bmv.in.gov Adam Krnpp General Counsel Legal Department Bureau of Motor Vehicles 100 N. Senate Ave., IGCN 404 Indianapolis, IN 46204 P: 317.234.5217 F: 317.233.3135 akrupp@bmv.in.gov Alex Miller Legislative Director Legislative Affairs 100 N. Senate Ave., IGCN 404 Indianapolis, IN 46204 Telephone: (317) 232-0104 almiller@bmv.in.gov III. All other matters previously agreed to and set f01ih in the MOU, and not affected by this Amendment # I / Renewal # 1 shall remain in full force and effect. THE REJVIAINDEROF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. SIGNATURES ARE ON THE FOLLO',,VING PAGE. EDS# A47-14-235-021 Indiana BMV Amendment# l 102919 Page 2 of3 GULaw Privacy FR In \-Vitness \-Vhereof, the BMV and the ISP have, through duly authorized representatives, entered into this Amendment #1/ Renewal #1 to the MOU. Each of the Pmiies, having read and understood the foregoing terms of this Amendment #1 / Renewal #1 to the MOU, do by their respective signatures dated below hereby agree to the terms thereof. The signatory for each of the Parties represents that he or she is duly authorized to execute this Amendment # 1 / Renewal # I to the MOU on behalf of their respective agency and has obtained all the necessary or applicable approvals to make this Amendment # I I Renewal # 1 to the MOU fully binding upon their respective agency when his or her signature is affixed. Indiana State Police lndiana/Burea u of Motor Vehicles !)~ /',-~.{'tr By: ,1/· .. (A''-Vf ~ Douglas Qarter,Superintendent }SentW. Abernathy, CoJlilllissioner ! / Date: State Budget Agency __ fl{__· _ 1\_x~" __{:_~·~i_ ~__ (for) Brian E. Bailey, Director Date: --------- EDS# A47-14-235-021 Indiana BMV Amendment # I 102920 Page 3 of3 GULaw Privacy FR EXECUTIVE DOCUMENT SUMMARY .• State Focm 41221 (R10/4-06) ' , _• -- ., \ "' ,,. ~•? Jnstruclionsfor completing the EDS and the Contract process. r,J 16 Address 1. Please read the guidelines on the back of this form. 2. Please type all information. Bureau of Motor Vehicles Procurement 100 N SENATE AVE 3. Check all boxes that apply. INDIANAPOUS, IN 46204 4. For amendments/ renewals, attach original contract 5. Attach additional pages if necessary. Date prepared: EDS Num!xr; Grant - Maintenance - License Agreement -Amendment# _____ Lease Attorney l5...MOU -Renewal# 4. Account Number: _ _______ _ 25. Tekphooe II· 317-234-7638 24. Name· INDIANA STATE POLICE 5. Account Name: 26. Address: 6. Total amount this action: 7.New contract total: $0.00 8. Revenue generated this action: 0.00 9.Revenue generated total contract: $0.00 $0.00 10.New total amount for each fiscal year: 100 N SENATE IGCN·RM 340 INDIANAPOUS, IN 46204 27. E-mail address: cforbes@isp.in.gov 28. ls the vendor registered with the s~retary of State? (Out of State Year Yes Corporations, must 00 registered) Year 29. Primary Vendor: f,,l/\\'BEJIN-Vetera X No Minority: Yes Year Year---- __ Bid/Quotation --RFP# __ --- Emergency ~Othcr(SplCijj'} __ Negotiated __ Special Procurement 100.0 % No Women: Yes X JN.\'cteran Yes Ji__ No 31. Sub Vendor: 1\1/WBE/JN-\'eteran X No Minority: Yes 13. Method of source selection: No X 30. Primary \'endor Percentages 32:.If yes., list the%· Minority: % Women: __ Yes ~ No Women: % JN.\'eteran: __ Yes ~ No JN. Veteran: % 33. ls there Renewal Langunge 34. Is there a 'Tem1ination for ;, STATEAGGY Convenience• clause in the X 35. Will the attached document involve da!a processing or telewmmunieations system Yes No rl('l('uml'nt? ~ Yes No Yes: JOT or Delegate has. signed off on contract 36. Statuto1y Authority (Cite 11pplicablel11dia11a ar Fedaal Codes]; 9-14-3.5 37. Dcsc1ip1ion of work andjustllication of the .rcopeof work include,! in 1h15agrt'ement.] for spending money. (J'frmt' g11·t'a hrfrf dexcrip1io11 B:\fV shall shl!e f>ST~n:tlinfonnlt1on,~1thIndianaState Pohce fU!;WnCenter m a.::rordma »1th !nd,a.naCode a.ndDPPA agr.xment Tlus is the lirn ,enewal of the agreemem I VI Ii I') =1~ m the e,e.:ution of this data shlnng x rh·sHOTI rho, sh r ¥11JO 2011 38. Justification of vendor selection and determination of price reasonableness: B~IV and ISP ill hold re~n:.ibili1i~ in ac.ordlllce 11ithIC. No fonding ~tween parties is r~uireJ 10CMl)'OUt the5e respon,1b1li1ie;; 39. If this contmet is submitted !ate, please explain why: (Rt'quirt'difmore thon JOdays Im~.] MOU ddayed dL1e!0 staffing changes All agendes have rontin1.>;dto exe.:ute n:,-ponsibilitiesin goo-dfaith tative appro 44.Attorney General's omce approval 41. Date Approved 42. Budget agency appro1·al 43. Date Approvi.'11 45. Date Approved 46. Agency representative receiving from AG ,-17.Date Approwd 77101-000 1111111111111111111111111 m1mm111111111111 Indiana BMV 102921 GULaw Privacy FR MEMORANDUM OF UNDERSTANDING BETWEEN THE INDIANA BUREAU OF MOTOR VEHICLES AND THE INDIANA STATE POLICE EDS# A47-14-235-021 This Memorandum of Understanding ("MOU") is made by and between the Indiana Bureau of Motor Vehicles ("BMV") and the Indiana State Police ("ISP"), (collectively the "Parties"). This MOU sets forth the rights and responsibilities for transferring data and information from the BMV to the Indiana Intelligence Fusion Center ("IIFC"), which ISP operates. I. General Information/Purpose. A. The BMV is created pursuant to Indiana Code (IC) section 9-14-1-1. B. The BMV, pursuant to IC chapter 9-14-2, establishes the policies and procedures of the bureau and organizes it in a manner to carry out its duties. C. The BMV's database contains infonnation including "personal information" as that term is defined in IC §9-14-3.5-5 and "highly restricted personal information" as defined in IC §9-14-3.5-2.5 (collectively for purposes of this MOU refe1Ted to as "personal information"). D. The BMV may only disclose such personal info1mation for limited reasons pursuant to Federal and Indiana laws. Specifically IC §9-14-3-5(c), IC §9-14-3.5-10(1), IC §9-14-3.5-10.5(2), and 18 U.S.C. §2721(b)(l) authorize the BMV to release personal information to government agencies, including law enforcement agencies and officers, courts, or other people acting on behalf of a governmental agency, in carrying out their functions. E. IC §9-14-3.5-10.5(2) authorizes the BMV to disclose the digital photograph and Social Security number contained in a person's motor vehicle record to law enforcement agencies without the express written consent of the person to whom the personal information pe1iains if the requestor provides proof of identity and represents that the use of the personal information is strictly limited to one of the acceptable uses. F. The ISP is constituted as a law enforcement agency under IC §10-11-2-4 with powers to enforce the regulation and use of motor vehicles pursuant to IC §10-11-2-21. G. The IIFC is established under IC §10-11-9-2. H. The ISP has the authority to operate the IIFC by the direction of the Indiana Governor under IC §10-11-9-3. Pagel of7 EDS# A47-14-235-02l Indiana BMV 102922 GULaw Privacy FR I. The ISP considers the IIFC's ability to access ce1tain ·information in the BMV's database essential for the protection and safety of the citizens of Indiana. II. Term; Termination. A. The Parties agree that this MOU commenced on December 1, 2013 and shall end on November 30. 2015. B. The Patties may terminate this MOU at any time and for any reason. A pmty may terminate the services by delivering a Termination Notice to the other patty at least thhty (30) days prior to the te1mination's effective date, and specifying the extent to which performance of services under such termination becomes effective. C. Changes to Federal or State laws or regulations that affect a party's ability to perform pursuant to this MOU's te1ms and conditions may result in immediate termination of all or part of a party's obligations/affected abilities. If immediate te1mination occurs, the terminating party will deliver a Termination Notice to the other patty as soon as possible specifying the extent to which performance of services under such immediate termination is effective. III. Duties of the BMV. The BMV shall do the following: A. Assist the ISP in obtaining and/or accessing information/data in the BMV's database, including personal information in formats and methods including, but not limited to FTP, CSV, TXT, or other electronic file type real-time transactional requests, and batch searches using full or partial identifiers, as agreed upon by the Patties. B. Assist the ISP in obtaining and/or accessing any other relevant information that may be involved in the maintenance, storage, input, and integrity ofinfonnation in the BMV's database. C. The BMV disclaims anywatTanty as to the accuracy of said computer information/ data. D. Timely inf mm ISP IIFC of any new license type requirements for system users. E. Implement the addition or removal of IIFC users to/from an Active Directo1y group as requested, which grants those users limited Facial Recognition Software ("FRS")access. F. The BMV Deputy Commissioner of Audit & Investigations shall retain final decisive authority to grant an ISP IIFC employee FRS access, by e-mail notification to a designated ISP representative. G. Implement the addition or removal of IIFC users to/from an Active Directory group · as requested, which grants them access to BMV Partial License Plate Data ("PLPD"). Page 2 of7 EDS# A47-14-235-021 Indiana BMV 102923 GULaw Privacy FR H. The BMV Deputy Commissioner of Audit & Investigations shall retain final decisive authority to grant an ISP IIFC employee PLPD access, by e-mail notification to a designated ISP representative. IV. Duties of the ISP. The ISP shall do the following: A. Maintain adequate security to ensure that personal information is not compromised, and is not disclosed other than for purposes that federal and State laws and regulations allow. Additionally, ISP shall employ all reasonable procedures to ensure that the information obtained from the BMV's database is only released and used in accordance with applicable federal and State laws and regulations. B. Make every reasonable eff01t to test changes that the BMV makes to its system hardware and software, and advise the BMV of the accuracy and efficacy of such changes. C. Abide by all federal and State audit requirements that apply to this MOU. D. Maintain an audit trail and log of all the BMV transactions, stating the names of all persons and/or agencies to whom the information is disseminated and the date and time of when such infonnation was disseminated. E. Limit access to the BMV's data and database to work done for official on-going ISP IIFC or law-enforcement initiatives or investigations. F. Continue to maintain the ISP existing office-wide policies regarding confidentiality and unauthorized use of government prope1ty/facilities that provide for discipline up to and including te1mination in the case ofviolation(s). G. Warrant that it will comply fully with the provisions of IC ch. 4-1-10, IC ch.4-1-11, IC ch. 9-14-3, IC ch. 9-14-3.5 and with the applicable provisions of the Federal Driver's Privacy Protection Act, 18 U.S.C. 2721, et. seq., as amended, and all other applicable laws and regulations governing access and use of motor vehicle records and the personal information contained therein. H. Wmwnt that it will abide by the provisions ofIC §9-14-3.5-13, pmticularly the record keeping provisions in subsection (d). I. ISP IIFC may access FRS information and PLPD; however, the ISP acknowledges that the BMV shall be considered the primary user of FRS information and PLPD. As such, the BMV retains the discretion to request (by informal notification) the ISP IIFC log off the system(s), so that the BMV may utilize the system(s) for credentials, investigations and other essential activities in accordance with the BMV's course of business, as determined by the BMV. An authorized BMV designee shall provide ISP IIFC informal notice of when such access is again accessible. Page 3 of7 EDS# A47-14-235-021 Indiana BMV 102924 GULaw Privacy FR J. ISP IIFC shall provide the BMV Deputy Commissioner of Audit & Investigations with immediate notification of when an IIFC employee no longer has the right or need for user access, such as in the case of dismissal or reassignment. V. Consideration. Neither party shall provide the other party monetaty reimbursement for the services provided/performed in this MOU. VI. Funding Cancellation. When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to suppo1t the continuation of performance of this MOU, the MOU shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. VII. General Terms. A. This MOU constitutes the entire understanding between the Parties with respect to the duties set f01ih herein. This MOU may be modified upon the initiative of a party hereto. Such modifications must be made in wTiting and must be agreed to and signed by authorized representatives of all Parties to this MOU and the State Budget Agency. B. Any renewal of this MOU shall be made in writing, agreed to by all Parties and signed by all Patties and the State Budget Agency. Any renewal of this MOU shall not exceed the original term. C. The Patties agree to comply with all federal and State laws, rules, and regulations as may be amended from time to time, pertaining to this MOU. D. Should any disputes arise with respect to this MOU, the Patiies agree to act immediately to resolve any such disputes. Time is of the essence in the resolution of disputes. If a resolution is not reached, the Parties shall consider whether termination of the MOU is appropriate. E. Each party shall notify the other in advance prior to issuing a press release or otherwise regarding media inquiries or inquiries or initiative media publicity regarding the subject matter of this MOU. The ISP shall not include in any media release information to which the BMV reasonably believes is within the scope of confidential information. Should a party object to the media release, the Pa1ties agree to work together to resolve and revise the media release prior to distribution. F. In performing their respective obligations hereunder, each patty to the MOU shall . operate as and have the status of an independent patty and, unless specified in this MOU, shall not act as or be an agent, pattner, or employee of another patty. No party shall have any right or authority, other than what is contained within the terms and conditions of this MOU, to create any obligations of any kind or to make any representations or warranties on behalf of any other party in any respect whatsoever. Nothing contained in this MOU Page 4 of7 EDS# A47-14-235-021 Indiana BMV 102925 GULaw Privacy FR shall give, or is intended to give, any rights of any kind thereby creating a third-party beneficiary thereto. G. Each party shall notify the other respective pmiy of any unauthorized use of information associated with this MOU, and/or of any other breach of security of which any pmiy becomes aware, immediately upon becoming aware of any such unauthorized use or breach of security. H. The Pmiies wanant they will comply with provisions of IC ch. 9-14-3, IC ch. 9-143.5, the Federal Driver's Privacy Protection Act, 18 U.S.C. 2721, et seq., as amended, and all other applicable State of Indiana and federal laws and regulations pe1iaining to this MOU and/or governing access and use of motor vehicle records and the personal information contained therein. Each pmiy is solely responsible for knowing and adhering to, those laws and regulations, including any additions or changes to them occun'ing after the execution of this MOU. I. Whenever any notice, statement, or other communication is required under this MOU, it shall be sent to the following, unless otherwise advised: Notice to the ISP shall be sent to: Cynthia Forbes, Legal Counsel Indiana State Police, Legal Office Indiana Intelligence Fusion Center 100 N Senate Ave., Room Headqumiers/ IGCN N340 Indianapolis, IN 46204 Telephone - ISP Office: (317) 234-4217 Telephone - India.na Fusion Center: (317) 234-7651 Fax: (317) 234~7638 E-mail: cforbes@isp.in.gov Notice to the BMV shall be sent to: Carol Branstetter, Deputy Commissioner, Policy & Programs 100 N. Senate Ave., Room N430 Indianapolis, IN 46204 Telephone: (317) 232- 7629 Fax: (317) 233-4234 E-mail: cbranstetter@bmv.in.gov Patrick Price, General Counsel 100 N. Senate Ave., Room N404 Indianapolis, IN 46204 Telephone: (317) 234-5217 Fax: (317) 233-3135 E-mail: paprice@bmv.in.gov Stephen Hull, Deputy Commissioner, Audit & Investigations EDS# A47-14-235-02! Indiana BMV Page 5 of? 102926 GULaw Privacy FR 100 N. Senate Ave., Room N403 Indianapolis, IN 46204 Telephone: (317) 232-2805 Fax: (317) 233-3203 E-mail: shull@bmv.in.gov THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. SIGNATURES ARE ON THE FOLLOWING PAGE. EDS# A47-14-235-021 Indiana BMV Page 6 of7 102927 GULaw Privacy FR ( In \Vitness \Vhereof, the BMV and the ISP have, through duly authorized representatives, entered into this MOU. Each of the Parties, having read and understood the foregoing terms of this MOU, do by their respective signatures dated below hereby agree to the terms thereof. The signatory for each of the Parties represents that he or she is duly authorized to execute this MOU on behalf of their respective agency and has obtained all the necessary or applicable approvals to make this MOU fully binding upon their respective agency when his or her signature is affixed. Indiana State Police •;\ Indiana Bureau of Motor Vehicles ): /-j'c/p ·:, ~dtA~ By:-------------Don ald M. Snemis, Commissioner 'I •-t_.."'", I B y: 'I ic..--.,.,, Douglas G. Caiter;Superintendent Date: r'-i-, [ io 11 1 , Date: 'i.\- .., I D - ?---- -------~~ 2--0 ; <-f I APPROVED BY: State Budget Agency &- .---::? ,: ::, (for) Brian E. Bailey, Director Date: EDS# A47-14-235-021 Indiana BMV Page 7 of7 102928 GULaw Privacy FR