Regional Facial RecognitionProgram,NY-MD Agl'eement
I

REGIONAL FACIAL RECOGNITIONPROGRAM
AGREEMENT
Between the
NEW YORK STATE DEPARTMENT OF MOTOR VEHICLES
And the

MARYLAND MOTOR VEHICLE ADMINISTRATION
This Agreement is made between the New York State Department of Motor Vehicles ("NY DMV"), an
· executive agency of the State of New York, and the Maryland Motor Vehicle Administration MD MVA").
NY DMV and MD MVA may collectively be refen·ed to herein as the "Patties", and individually as the
"Party".

The Parties agree as follows.
1. The purpose of this Agreement is to assist the Parties in identifying commercial driver license

(CDL) holders and other "for-hire" class drivers ("drivers") to whom each party has issued license
documents.

2. Each Patty acknowledgesthat drivers with multiple diiver licenses issued by multiple jurisdictions
have a greater propensity for engaging in fraudulentbehavior and being a threat to highway safety.
3. NY DMV has independently, and by separate contractual atTangements, developed a facial
recognition system that is integrated within its driver license issuance process. MD MVA will be
developing a facial recognition system that is integrated within its ddver license issuance process.
Facial Recognition systems compare the digitized image of a license applicant against all other
digitized images in the Party's photo image database to identify individuals who have multiple
license docwnents, in order to prevent the issuance of a driver license based upon a fraudulent
application.
4. The Pru.tiesagree to exchange "Personal Information" contained in each Partis driver license
records, on a near real-time basis, in order to facilitate facial recognition compmisons against all
of the images in the other Pa1ty's photo image database.
a. "Personal Information" is defined, for the purpose of this Agreement, pursuant to the
federal Driver's Privacy Protection Act C'DPPA") (18 U.S.C. §2721, et seq.), as
"information that identifies an individual, including an individual's photograph, social
security nwnber, driver identification number,name, address (but not the 5-digit zip code),
telephone number, and medical or disability information,but does not include inf01mation
on vehicular accidents, driving violations, and driver's status'' (See, §2125(3)).
b. Included in the definition of"Personal Infonnation" is "Highly Restlicted Personal
Information'\ which is defined, for the purpose of this Agreement, as an individual's
photograph or computerized image, Social Security number or medical or disability
inf01mation.

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 ation".

Inform
5. Each Party shall take all steps necessaryto protect the other Party's "Personal

it has been given
a. Each Party shall safeguard the other's Party's "Personal Information" to which
nation.
dissemi
or
storage,
tion,
access against unauthorized use, access, disclosure, duplica
the names and
b. The documents and records provided hereunder by each Party may contain
all such
addresses of individuals and other "Personal Information". Each Party shall hold
by the
d
provide
tion
informa
the
"Personal Information" in confidence and shall only use
other Pruty in accordance with the terms of this Agreement.
tion" and images
c. Each Party acknowledges that it is authorized to disclose "Personal Informa
ental
governm
that
by
use
for
from its image repository to another governmental agency
Privacy
Driver's
agency in canying out its functions, in accordance with the federnl
Protection Act ("DPPA") (18 U.S.C. §2721, et seq.);
Party's "Authorized
d. Each Partfs "Personal Information" shall only be accessible by the other
ns such other
maintai
that
tor
Employees", and the "Authorized Employees" of the Contrac
"Authorized
Party's facial recognition system, who have a need to know (collectively
·
Employees").
ent, as an
Agreem
this
of
purpose
the
for
,
i. An "Authorized Employee" is defined
und
backgro
Party's
ing
individual who has completed and passed the employ
of
tion
check. Such background check must, at a minimum, include: verifica
l
references from prior employment; a name-based and fingerprint-based crimina
law.
history records check; and employment eligibility ve1ification as required by
ute "Personal
e. "Authorized Employees" shall not copy, duplicate, disclose, transmit or redistrib
in whole or
Information" in any fonn to persons other than "Authorized Employees", whether
in part, or in any medium, whether electronic or hard copy, written or verbal.
control will be
f. Each Party must ensure that only "Authorized Employees'' under its direct
shall be granted
granted access to the other Party's "Personal Information", and such access
Program , and
ition
Recogn
Facial
l
solely for the purpose of participating in the Regiona
.
Program
performing a facial recognition system comparison pursuant to such
each Party must
g. Prior to the exchange of "Personal Information" pursuant to this Agreement,
er promptly
thereaft
must
and
ees,,,
Employ
provide the other Party with a list of "Authorized
als.
update the list to indicate the addition or deletion of such individu
stored on personal
h. Each Party must ensure that the other Party's "Personal Information'' is not
accessed in any
(non-business) computing or other electronic devices, or taken, removed 01·
tion system
recogni
facial
its
form outside of the control of the receiving Party's facility where
action .
trative
resides, except where required for the purpose of criminal prosecution or adminis
any third party for
i. The Parties shall not sell, or authotize the sale of, "Personal Information., to
any purpose .

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2

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 ized Employee":
6. Disqualification from serving as an "Author
"Authorized Employee".
Individuals shall be disqualified from serving asan
their employmenteligibility has been
• or from being employed in any position, unless
ion and Nationality Act (8 U.S.C.
verified as l'equiredby section 274A of the Immigrat
274A);
1324a) and its implementingregulations (8 CFR part
y by reason of insanity, in a civilian or
• if they have been convicted, or found not guilt
in 49 CFR 1572.103;
military jurisdiction, of any of the offensesset forth
loyment,have been convicted of the
• within seven (7) years precedingthe date of emp
criminal offenses referenced in 49 CFR 1572.103(b);
loyment, have been released from
• within the five (5) years precedingthe date of emp
incarceration for any crime.

"Personal Information", each Party shall be
Ptio1·to the commencement of any exchange of the
sment of the other Patty's facility where its
provided reasonable access to conduct a secutity asses
the existence of adequate security measures
facial recognition system resides, in order to ensure
for the proper safeguard of"Personal Information".
the purpose of conducting a facial recognition
8. The transfer of "Personal Information", for
e database, shall be conducted hereunder
comparison of the other Party's photo imag
c transfer method in the following manner:
through a mutually agreed upon secure electroni

7.

fer method for delivering "Personal
a. Each Patty will employ an automated trans
Information" to the other Party.
the other Party, each Party shall submit
b. Upon the receipt of"Personal Information"from
system for the purpose of identifying
that information to its respective facial recognition
any matches.
d transfer shall be as follows: After the
c. The only exception to the requirement of automate
duplicate records, a non-automated
initial automated search indicates that the subject has
ndingthe matching threshold, in order
search shall be permitted for the sole purpose of expa
a fraudulent application.
to prevent the issuance of a driver license based on
mation" in that Party s

matchesof ..Personal Infor
9. Each Paity agrees to advise the other Pa1tyof any
·
database.

1

mine whether duplicate records occurred
a. In the event of any matches, each Party will deter
optiate administrative action, and/or
as a result of fraudulent activity, and will take the appr
refer the matter for criminal prosecution.
ome
b. Each Party shall advise the other Party of the outc

of any action taken.

tion and administrative action against,
c. The Parties agree to fully cooperate in the investiga
are dete1mined to have fraudulently
and/or criminal prosecution of, individuals who
r's license.
obtained, or attempted to fraudulently obtain, a drive
supporting documentary evidence,
of
ange
exch
i. Such cooperation shall include the

Maryland MVA

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 and the provision of witness testimony,as may be required.
provided
ii. Expenses for any travel shall be reimbursed by the prosecuting pruty as
by the laws/guidelinesof the prosecutingparty's state.
the exclusiveproperty
10. Ownershipof each Party's "Personal Infonnation,.shall at all times remain
of such Party and, by extension, each Party's respective State.
nt Party's data

11. Each Party will cooperate with the other in the ongoingreview of the recipie
control processes employed for the protection of"Personal Information".

Personal Information
a. Confinned or suspected unauthol'ized use or access of NY DMV's
ement Office
provided hereunder, must be immediatelyreported to NY DMV's Risk Manag
.gov
via email at: pysdmvRiskManagement@dmv.ny
Personal Information
b. Confirmed or suspected unauthorized use or access of MD MVA's
of Investigations
provided hereunder, must be immediatelyreported to MD MVA's Division
and Internal Affairs:
.gov, or
1. by email: EDanz@MVA.Maryland
by telephone: (4 l 0) 768-7074
ii.
concemingthe loss,
c. Each Party acknowledges that it understandsand must comply with laws
der, including:
hereun
ed
provid
misappropriation,compromise,or misuse of protected data
. §2721, et seq.);
1. the federal Oliver's Privacy ProtectionAct of 1994 (DPPA) (18 U.S.C
A)(General
2. the New York State Info1mationSecurityBreach and Notification Act (ISBN
Business Law, §899-aa; State TechnologyLaw, §208); and
ions § 4-101,
3. the Maryland Public InformationAct, MarylandCode Ann.,GeneralProvis
et. seq. (2014)
der by NY DMV is
d. In the event that the security of "Personal Information" provided hereun
Party, then such
other
the
by
ined
bl'eachedin violation of the ISBNA, from a system mainta
breach to the
of
notice
other Party shall be responsible for, and bear the cost of providing
is authorizedto
subjects to whom such informationpertains. In the event that such other Party
nt responsible
share such infonnation with another entity, such other Party shall hold its recipie
notifications
any
before
d
require
for providing such notice. Prior approval from NY DMV is
NY DMV
and
ed;
are made to such subjects whose personal infonnation has been so breach
d
require as a direct
shall bear the same 1·esponsibilityand associated costs for any notifications
from a system
result of a breach of the security of the other Party's personal information,
if any.
state,
Party's
other
the
of
maintained by_NYDMV, under the correspondinglaw
nal lnfonnation" upon
12. Each Party must'promptly and securely disposeof the other Party's "Perso
ed, or as instmcted
the fulfillment of the purpose for which such information is hereunder provid
y with the other's
by the other Party, in the other Party's sole discretion. Each Party shall compl
tly provide
promp
shall
instructions for the sec1:1redisposal of its "Pe1·sonalInformation", and
written certification upon completion.
nal Information,.after
13. Neither Party shall use, access, disclose or disseminatethe other's "Perso

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 events have occun-ed
receipt of written notification from the other Party that any of the following
access, disclosure or
or that the occu1rence of any such event is imminent: (a) unauthorized use,
officers, employees,
dissemination of the other's "Personal Information" by the recipient Party's
completion of the
c)
(
ent;
Agreem
subcontractors or agents; (b) breach of a mateiial term of this
tion of this
te1mina
of
Party's obligations pursuant to this Agreement; or (d) upon receipt of notice
Agreement by either Patty .
this Agreement
14. The principal contacts for all notifications required or otherwise necessary under
shall be as follows:

For_MDMVA:

ForNYDMV:
Owen McShane

Ede Danz
Manager, Division of Investigations
Internal Affairs
6601 Ritchie Highway NE
Glen Burnie, MD 21062
EDanz.@MVA.Mai·yland.gov
(410) 768-7074

Director, Division of Field Investigations
· 6 Empire State Plaza, Room 431
Albany, NY 12228
Owen.McShane@dmv.ny.gov
(518) 474-8805

and

ent and when not
15. Whenever written notice is required to be given under the terms of this Agreem
d in the above
otherwise specified, it shall be directed to each party at the address specifie
this Agreement,
in
d
provide
ly
express
se
paragraph. All notices and submissions, except as otherwi
ions may be
submiss
shall be sent with an acknowledging retum receipt requested. The notices and
delivered by overnight delivery.

16. Intentionally omitted.
17. Intentionally omitted .
d amendment or
18. This Agreement may be amended by mutual written consent. Any propose
or negotiation of
on
discussi
modification must be submitted to the other Party prior to any formal
the issue.
written notice to
19. Either party may terminate this Agreement for any reason upon ninety (90) days'
the right to
reserve
ly
the other party. Notwithstanding the foregoing, the Parties express
in the event that a
immediately suspend the provision of"Personal Information" to the other Patty
nt. In such event,
breach of security has occu1red or appears to such providing party to be immine
make good faith
will
and
tion,
notifica
the providing Party will promptly provide the other with
attempt to resolve the problem .
e in full force and
20. This Agreement shall be effective upon execution by both Paities and continu
effect until terminated, as provided above.
DMV, an entity of the
21. In accordance with Section 41 of the New York State Finance Law, the NY
appropiiated and
State of New York, shall have no liability under this Agreement beyond funds

Maryland MVA

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GULaw Privacy FR

 other Party as may
available for this Agreement; and such limitation of liability shall apply to the
be mandated by th~ other Party's state law.
authority of the Parties
22. Nothing in this Agreement is intended to diminish or otherwise affect the
s, nor is it intended to
function
to carry out their respective statutory, regulatory or other official
Party against the
create any right or benefit, substantive or procedural, enforceable at law by any
out programs
United States, its agencies or officers, state or local agencies or officers carrying
authorized under federal, state or local laws, or any other persons.
status of third-party
23. The Parties do not intend to create in any other individual or entity the
status . The rights,
beneficiary, and this Agreement shall not be construed so as to create such
the Paities, and
duties and obligations contained in this Agreement shall operate only between
intended only
are
ent
Agreem
shall inure solely to the benefit of the Parties. The prnvisions of this
ent. The
Agreem
to assist the Parties in determining and peiforming their obligations unqer this
le right to seek to
Parties intend and expressly agree that only they shall have any legal 01· equitab
ance or failure to
enforce this Agreement, to seek any remedy aiising out of a Party's perform
breach of this
for
action
any
perform any term or condition of this Agreement, or to bring
Agreement.
Patty without the prior
24. This Agreement may not be assigned 01·otherwise tr-ansfe1redby either
Paities of any of their
the
relieve
shall
written consent of the other. No such assignment or transfer
ent.
obligations or liabilities, whether accrued or un•accrued. under this Agreem
injunctive relief, to
2S. The Patties retain all equitable and legal rights, including the right to seek
Agreement.
this
of
breach
tory
prevent losses or damages resulting from the actual or anticipa
thereof. may not be
26. Disputes involving this Agreement, including the breach or alleged breach
ent jurisdiction.
submitted to binding arbitration. but must, instead, be heard in a court of compet
tion to be invalid.
2S. If any provision of this Agreement is declared by a court of competent jurisdic
illegal. or unenforceable. the other provisions shall remain in full force and effect.
onal Information••.
26, The Parties acknowledge that their obligation to safeguard the security of"Pers
expiration of this
the
and other protected personal information provided hereunder shall survive
Agreement by tennination or otherwise.
the Patties with
27. This Agreement represents the entire understanding and agreement between
andings and
underst
respect to the subject matter hereof, and it supersedes all other negotiations,
representations (if any) made by and between the Patties .
d and delivered,
28. This Agreement may be signed in counterparts, each of which, when so execute

one and the same
shall be deemed an ol'iginal, but such counterpatts shall together constitute
instrument.

entitled "Standard
29. This Agreement shall be subject to the provisions of Appendix•A hereof,
controlling. All
be
times
Clauses for New York State Contracts". which provisions shall at all

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 refel'encesto "contractor" contained thel'einshall apply to MD MVA.
30. This Agreement shall be subject to the provisions of Appendix-B hereof, entitled ''Standard
Clauses for Sharing Data with ExternalEntities", whichprovisionsshall be controllingsubordinate
only to Appendix-Areferenced above.
31. In lieu of maintaining any policy of insurance as may be required by the other Party, the Parties
agree that the Sta~eof New Yark may self-retain as to such risks. With respect to self-retention,
the State of New York represents that it has full resou1·ces of its taxing power to respond to any
claims for liabilities which may arise during the term of this Agreement, provided however that
the State ofNew York's obligations with respect to any such claims are subject to the availability
of lawful appropriations thereof as required by Section 41 of the New York State Finance Law.
Provisions concerning the State of New York's responsibility for any claims for liability as may
arise during the te1m of this Agreement are set forth in the New York State Court of Claims Act
and any damages arising from such liability shall issue from the New York State Court of Claims
Fund or any applicable, annual appropriationof the Legislature of the State of New York.
IN WITNESSWHEREOF,the Parties have executedthis Agreementby their duly authorizedofficer 01·
representative.

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 Maryland
Motor Vehicle Administration
By: Christine Nizer

New York State
Department of Motor Vehicles

By:

MDOT-MVA Administrator
(I'itle)

(I'itle)

Date:~~/\~

Date:

!}.

I

I:>t..........;f_J,._____
(mm/ddlyyyy)

(mmlddlyyyy)

Deputy Counsel - Attorney General Office
(Title)
Date:

0~ I

cf) I !l;.O
t7
(mmlddlyyyy)

Maryland MVA

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GULaw Privacy FR

 IAPPENDIX-A:

SfANDARD CLAUSES FOR NEW YORK SfATE CONTRACTS

(January 2014)
TABLE OF CONTENTS
l.
2.

3.
4.
S.
6.
7.
8.

9.
10.

11.
12.
13.
14.
15.

16.
17.
18.

t 9.
20.
21.
22.

23.
24 .

25.
26.

Executory Clause
Non-AssignmentClause
Comptroller's Approval
ationBenefits
'
Worke1·sCompens
Non-DiscriminationRequirements
Wage and Hours Provisions
Non-CollusiveBidding Certification
InternationalBoycott Prohibition
Set-Off Rights
Records
Identifying Informationand PrivacyNotification
Equal EmploymentOpportunitiesfor Minoritiesand Women
ConflictingTerms
Governing Law
Late Payment
No Arbitration
Service of Process
Prohibition on PurchaseofTropical Hardwoods
MacBride Fair EmploymentPrinciples
Omnibus ProcurementAct of 1992
Reciprocityand Sanctions Provisions
Compliancewith New York State InformationSecurityBreach and NotificationAct
Compliancewith Consultant DisclosureLaw
ProcurementLobbying
Certificationof Registrationto Collect Sales and CompensatingUse Tax by Certain
State Contractors,Affiliates and Subcontractors
Iran DivestmentAct
FOR NYS CONTRACTS
CLAUSES
STANDARD

er, "the contract"or
The parties to the attached conb:act,license, lease, amendmentor other agreementof any kind (hereinaft
word "Contractor•
(the
contract
the
of
part
a
"this contract") agree to be bound by the followingclauses whichare hereby made
party):
other
any
or
lessee
lessor,
licensee,
licenser,
r,
contracto
a
herein refers to any patty other than the State, wltether
under
In accordance with Section41 of the State Finance Law, the State shall have no liability
1, EXECUTORY CLAUSE,
contract.
this
for
available
and
ted
appropria
this contract to the Contractoror to anyone else beyond funds
this contract may not be
2, NON-ASSIGNMENTCLAUSE.In accordance with Section 138 of the State Finance Law,
or otherwisedisposedof
sublet
,
conveyed
d,
transferre
assigned by the Contractor or its right, title or interesttherein assigned,
the foregoing,such prior
tanding
Notwiths
void.
and
null
are
so
do
to
attempts
without the State's previous written consent, and
may be waived at the
Law
Finance
State
the
of
XI
Article
to
pursuant
let
contract
a
of
nt
written consent of an assignme
contract was subject
original
the
where
ler
discretion of the contracting agency and with the concurrenceof the State Comptrol
of theContractor's
tion
consolida
or
merger
ation,
reorganiz
a
to
due
is
nt
to the State Comptroller'sapproval, wherethe assignme
rdemonstrate
Contracto
any
that
require
to
and
nt
assignme
an
approve
to
right
its
retains
State
business entity or enterprise. The
withoutthe
payments
receive
to
right
its
its responsibilityto do business with the State. The Contractormay, however, assign
the State
of
S·A
Article
to
pursuant
ion
Participat
of
es
State's prior written consent unless this contract concerns Certificat
Finance Law.

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 Law (or, if this contract is with

APPROVAL, In accordancewith Section J 12 of the State Finance
3,COMPTROLLER'S
6218 of the·Education Law), if this contract

the State University or City University of New York, Section 355 or Section
the State Comptroller for certain S.U.N.Y. and
exceeds $50,000 (or the minimum thresholds agreed to by d1e Office of
t which, as so amended, exceeds said statutory
contrac
a
to
C.U.N.Y. contracts), or if this is an amendment for any amount
money when tho value 01· reasonably estimated
amount, or if, by this contract, the State agrees to give somethingother than
~r binding upon the State until it has been approved
value of such consideration exceeds $10,000, it shall not be valid,effective
contracts let by the Office of General Services is
of
l
by the State Comptroller and filed in his office. Comptroller'sapprova
). However, such pre-approvalshall not be
163.6-a
Section
Law
Finance
required when such contracts exceed $85,000 (State
of General Services or for a purchase order or
required for any contract established as a centralized contractthroughthe Office
other transaction issued under such centralized contract.
contract
BENEFITS, In accordance with Section 142 of the State Finance Law, this
contract
this
of
life
the
during
e
coverag
n
maintai
shall be void and ofno force and effect unless the Contractorshallpmvide and
Law.
nsation
Compe
s'
Worker
the
of
ns
provisio
the
for the benefit of such employees as are required to be coveredby

4. WORKERS'COMPENSATION

. extent required by Article 15 of the Executive Law (also known
To the
ON IREMENTS
REQU
S. NON-DISCRIMINATI
and constitutional non-discriminationprovisions, the
as the Human Rights Law) and all other State and Federal statutory
mentbecause of race, creed, color, sex (including
employ
for
nt
applica
or
Contractorwill not discriminate againstany employee
status, age, disability, predisposing genetic
gender identity or expression), national origin, sexual orientation, military
in accordance with Section 220-e of the Labor
characteristics, marital status or domestic violence victim status. Furthermore,
or public work or for the manufacture,
building
public
any
of
Law, if this is a contract for the construction,alteration or repair
t shall be performedwithin the State
contrac
this
that
extent
the
to
and
s,
supplie
sale or distribution of materials, equipment or
creed, color, disability, sex, or
race,
by reason of
of New York, Contractor agrees that neither it nor its subcontractorsshall,
d and available to perform the
qualifie
is
who
citizen
national origin: (a) discliminate in hiring against any New York State
under this contract. If this is a
work
of
ance
perfonn
the
for
hired
ee
work; or (b) discriminate against or intimidate any employ
239 thereof, Conh-actor
Section
in accordancewith
building service contract as defined in Section 230 ofd1e Labor Law, then,
sex or disability: (a)
age,
origin,
l
nationa
color,
agrees that neitber it nor its subcontractors·shall by reason of race, creed,
or (b) discriminate
work;
the
perform
to
le
availab
end
d
qualifie
is
discriminate in hiring against any New York State citizenwho
to fines of
subject
is
tor
this contract. Contrac
against or intimidate any employee hired for the performanceof work under
t and
contrac
this
of
tion
termina
possible
as
as well
$50.00 per person per day for any violation of Section 220-e or Section239
n.
forfeiture of all moneys due hereunder for a second or subsequentviolatio
by Article 8 of the Labor Law or a building
6. WAGEAND HOURSPROVISIONS.If this is a public work contract coveredthe employees of its subcontractors may be
nor
ees
service contract covered by Article 9 thereof, neither Contractor'semploy
in said statutes, except as otherwise provided in
required or permitted to work more than the number of hours or di,ys stated
es issued by the State Labor Department.
the Labor Law and M set forth in prevailing wage and supplement schedul
rate and pay or provide the prevailing
wage
ng
Furthermore, Contractor and its subcontractors must pay at least the prevaili
Labor Department in accordancewith
State
the
by
ned
detcnni
supplements, including the premium rates for overtimepay, as
by Article 8 of the Labor Law,
covered
t
contrac
work
public
a
is
th.is
if
2008,
28,
the Labor Law.Additionally, effective April
sion3-a of Section 220 of
Subdivi
with
consistent
the Contractor understandsand agrees that the filing of payrolls in a manner
and owing for work done
due
sums
d
approve
State
the Labor Law shall ~e a condition precedent to paymentby the State of any
upon the project.
In, accordancewith Section 139-d of the State Finance Law, if this
7. NON-COLLUSIVE BIDDINGCERTIFICATION
toraffirms, under penalty of perjury, that its bid was arrived
Contrac
contract was awarded based upon the submission of bids,
tor further affirmsthat, at the time Contractor
at independentlyand without collusion aimed at restrictingcompetition. Contrac
d to the State a non-collusive bidding certification
submitted its bid, an authorized and responsibleperson executedand delivere
on Contractor'sbehalf.
In accordancewith Section 220-f of the Labor Law and Section 139L OTI'PROHIBITION,
BOYC
8, INTERNATIONA
toragrees, as a material condition of the contract,that
h of the State Finance Law, if this contract exceeds $5,000, the Contrac
firm, partnership or corporation has participated, is
person,
d
affiliate
neither the Contractor nor any substantially owned or
the federal Export AdministrationAct of 1979(SO
participating, or shalt participate in an internationalboycott in violation of
tor,or any ofd1e aforesaid affiliates of Contractor,
USC App. Sections240 J et seq.) or regulations thereunder.If such Contrac
upon the final determinationofthe United States
ons
regulati
or
Is convicted or is otherwise found to have violated said laws
subsequent to the contract's execution, such
tates
s
·
United
the
of
agency
iate
Commerce Department or any othel' appropr

Maryland MVA

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 contract, amendment or modification thereto shall be rendered forfeit and void. The Contractor shall so notify the State
Comptrollerwithin five (5) business days of such conviction,dete1minationor dispositionof appeal(2NYCRR I05.4).
The State shall have all of its commonlaw,equitableand statutoryrights of set-off.These rightsshall
9. SET-OFF RIGHTS,
include,but not be limitedto, the State's optionto withholdfor the purposesof set-offany moneysdue to the Contractorunder
this contract up to any amounts due and owing to the State with regard to this contl'Bct,any other contract with any State
departmentor agency, including any contract for a term commencingprior to the tenn of this contract,plus any amounts due
and owing to the State for any other reason including, without limitation,tax delinquencies,fee delinquenciesor monetary
penaltiesrelativethereto. The State shall exerciseits set-offrightsin accordancewith nonnal Statepracticesincluding,in cases
of set-offpursuant to an audit, the finalizationof such audit by the State agency, its representatives,or the State Comptrolier.

10. RECORDS.
The Contractorshall establishand maintaincompleteand accuratebooks, records, documents:accountsand
other evidence directly pertinent to perfonnance under this contract (hereinafter,collectively, "the Records").The Records
must be kept for the balanceof the calendar year in whichthey were made and for six (6) additionalyearsthereafter.The State
Comptroller,the AttorneyGenera]and any other personor entity authorizedto conduct an examination,as well as the agency
or agenciesinvolvedin this contract,shall have accessto the Recordsduringnonnal business hoursat an officeof the Contractor
within the State of New York or, ifno such office is availab]e,at a mutuallyagreeableand reasonablevenue within the State,
for the term specified above for the purposes of inspection,auditing and copying. The State shall take reasonablesteps to
protect fi-otnpublic disclosureany of the Records which are exempt from disclosure under Section 87 of the Public Officers
Law (the "Statute") provided that: (i) the Contractor shall timely infonn an appropriate State official, in writing, that said
records should not be disclosed; and (ii) said records shall be sufficientlyidentified;and (iii) designationof said records as
exempt under the Statute is reasonable. Nothing containedherein shall diminish, or in any way adversely affect, the State's
right to discovery in any pending or future litigation.
11. IDENTIFYING
INFORMATION AND PRIVACY
NOTIFICATION.
(a) IdentificationNumber(s).Every invoice or
New York State Claim for Payment submittedto a New York State agencyby a payee, for paymentfor the sale of goods or
services or for transactions(e.g., leases, easements,licenses,etc.) related to real or personal property must includethe payee's
identificationnumber. The number is any or all of the following:(i) the payee's Federal employe1·identificationnumber, (ii)
the payee's Federal social security number, and/or (iii) the payee's Vendor IdentificationNumber assignedby the Statewide
FinancialSystem.Failureto includesuch numberor numhers may delay payment.Wherethe payeedoes not have such number
or numbers,the payee, on its invoice or Claim for Payment,must give the reason or reasons why the payee does not have such
numberor numbers.(b) PrivacyNotification.(I) The authorityto requestthe above personal infonnationfrom a seller of goods
or services or a lessor of real or personal property, and the authorityto maintainsuch info11nation,is found in Section5 of the
State Tax Law. Disclosureof this informationby the seller or lessorto the State is mandatory.The principalpurposefor which
the informationis collectedis to enable the State to identifyindividuals,businessesand others who have been delinquentin
flIingtax returns or may have understatedtheir tax liabilitiesand to generallyidentifypersons affectedby the taxesadministered
by the Commissionerof Taxation and Finance.The informationwill beused for tax administrationpurposesand for any other
purpose authoriz.edby law. (2) The personal infonnation is requestedby the purchasing unit of the agency contractingto
purchase the goods or services or lease the real or personal property covered by this contract or lease. The infonnation is
maintainedin the StatewideFinancial Systemby the VendorManagementUnit withinthe Bureauof State Expenditures,Office
of the State Comptroller,110 State Street, Albany,New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES
FOR MINORITIES AND WOMEN. In accordancewith Section312
of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreementor purchaseorde1·instrument,providing
for a total expenditurein excess of:$25,000.00 wherebya contractingagencyis committedto expend or does expend funds in
return for labor, services,supplies, equipment,matetialsor any combinationof the foregoing,to beperformedfor, or rendered
or furnishedto the contractingagency; or (ii) a written agreementin excess of $100,000.00 whereby a contractingagency is
committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or
renovationoftoealpropertyand improvementsthereon;or (iii) a writtenagreementin excessof$ I00,000.00wherebythe owner
of a State assisted housing project is committedto expend or does expend funds for the acquisition, construction, demolition,
replacement,major repair or renovationof real property and Improvementsthereon for such project, then the followingshall
apply and by signing this agreement the Contractorcertifies and affirmsthat it is Contractot·'sequal employmentopportunity
policy that:

(a) The Contractorwill not discriminateagainst employeesor applicantsfor employmentbecauseof race, creed,color,national
origin,sex, age, disabilityor marital status, shall make and documentits conscientiousand active efforts to employand utilize

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 existingprogramsof
minoritygroup membersand women in its work force on State contractsand will undertakeor continue
itieswithout
oppo11un
ent
employm
equal
afforded
are
women
and
affirmative action to ensure that minority group members
demotion,
s,
upgrading
n,
promotio
nt,
assignme
job
ent,
employm
nt.
recruitme
mean
shall
discrimination.Affinnative action
transfer,layoff, or terminationand rates of pay or othe1·f01msof compensation;
labor union, or authorized
nding,to furnish a written
representativeof workerswith which it has a collective bargainingor other agreementor unde1·sta
of race, creed, color,
basis
the
on
ate
discrimin
not
will
statement that such employmentagency, labor union or representative
elycooperate in the
affirmativ
will
ative
represent
or
union
such
d1at
and
status
national otigin, sex, age, disability or marital
and
herein;
s
obligation
r's
implementationof the Contracto

agency,
(b) at the requestof the contractingagency,the Contractorshall request each employment

nceof the State contract,
(c) the Contractorshallstate, in all solicitationsor advertisementsfor employees,that, in the performa
of race, creed, color,
because
ation
discrimin
without
iti~
opportun
ent
employm
equal
afforded
all qualified applicantswill be
nationalorigin, sex, age, disabilityor marital status.
0 for the construction,
Contractor will includethe provisionsof "a", "b", and "c" above, in every subcontractover $25,000.0
thereon (the "Work")
ents
demolition,replacement,majorrepair, renovation,planningOI' designof real propertyand improvem
goods 01· services
work,
(i)
to:
apply
not
does
312
except where the Work is for the beneficialuse of the Contractor.Section
a contractoror
by
ce
complian
consider
sball
State
The
State.
York
New
unrelated to this contract;or (ii) employmentoutside
s the
effectuate
which
ity
opportun
ent
employm
equal
g
concernin
law
federal
any
of
ents
subcontractor with the requirem
s
provision
the
of
ents
requirem
the
of
n
purpose of this section.111econtractingagency shall determinewhetherthe impositio
shall
agency
g
contractin
the
exists,
conflict
or
n
duplicatio
such
hereof duplicate or conflict with any such federal law and if
r will comply with all duly
waive the applicabilityof Section 312 to the extent of such duplicationor conflict. Contracto
Division of Minority and
ent's
promulgated and lawful rules and regulations of the Departmentof Economic Developm
Women's BusinessDevelopmentpertaininghereto.
gany and all attachments
13. CONFLICTING TERMS. In the event of a conflictbetweenthe terms of tile contract(includin

thereto and amendmentsthereof)and the tenns of this AppendixA, the terms of this AppendixA shall

control.

LAW. Intentionallyomitted.
14,GOVERNING

Timelinessof payment and any interestto be paid to Contractorfor late paymentshall be governed
IS,LATEPAYMENT.

by Article 1l·A of the State Finance Law to the extentrequiredby law.

breach thereof, may not be
16.NO ARBITRATION. Disputes involving this contract, includingthe breach or alleged
be heard in a court of competent

submitted to binding arbitration (except where statutorily authorized),but must,instead,
jurisdiction.
17. SERVICE OF

& Rules
PROCESS.In addition to the methods of service allowed by the State Civil Practice Lawrequ~tcd.

return receipt
("CPLR"), Contractorhereby consents to service of process upon it by registeredor certified mail,
of the returnthereof
receipt
State's
the
upon
or
process
of
receipt
actual
r's
Contracto
upon
complete
be
I
shal
r
Service hereunde
in writing,of each
State,
the
notify
promptly
must
r
by the United States Postal Service as refused or undeliverable, Contracto
address shall be
known
last
the
to
State
the
by
Service
made.
be
can
and every changeof addressto which service of process
.
respond
to
which
in
complete
is
r
hereunde
service
after
days
calendar
(30)
thirty
have
will
r
sufficient. Contracto
The ContractorcCitifiesand warrantsthat all wood
HARDWOODS.
OFTROPICAL
ONPURCHASE
18.PROHIBITION
not limitedto, the specificationsand provisions

products to be used underthis contract award will be in accordancewith, but
use of tropicalhardwoods,
of Section 165 of the StateFinance Law,(Useof TropicalHardwoods)which prohibitspurchaseand
benefit corporation.
public
or
on
subdivisi
political
or
unless specificallyexempted,by die State or any governmentalagency
withthe approval
meet
to
establish
to
r
contracto
the
of
ility
responsib
the
be
will
Qualificationfor an exemptionunder this law
of the State.
n,is to be performedby
In addition, whenany portion ofthls contractinvolvingthe use of woods,whethersupplyor installatio
bas been
subcontt"actor
the
tbat
proposal
bid
submitted
the
in
certify
and
indicate
wm
r
any subcontractor,the prime Contracto
State
§165
in
detailed
as
s
hardwood
infonncd and is in compliancewith specificationsand provisionsregardinguse of tropical
e.
responsiv
d
considere
be
not
may
bid
the
,
otherwise
State;
the
of
Finance Law. Any such use must meet with the approval

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 Under bidder certifications, proof of qualification for exemptionwill be the responsibility of the Contractor to meet with the
approval of the State.

19, MACBRIDE FAIR EMPWYMENT PRINCIPLES. In accordance with the MacBride Fair EmploymentPrinciples
(Chapter 807 of the Laws of 1992), the Contractorhereby stipulatesthat the Contractor either (a) has no businessoperations in
Northern Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in
accordance with the MacBride Fair Employment Principles(as describedin Section 165 of the New York State Finance Law),
and shall pennit independentmonitoring of compliance with such principles.

20. OMNIBUS

PROCUREMENT ACT OF 199:2, lt is the policy of New Yorl<.State to maximize opportunities for the
participation of New York State business enterprises, includingminority and women-owned business enterprises as bidders,
subcontrnctorsand suppliers on its procurement contracts.
Infonnation on the availability ofNew York State subcontractorsand suppliers is available from:

NYS Departmentof Economic Development
Division for Small Business
Albany, New York 12245
Telephone: 518-292-5100
Fax: 518-292-5884

Email: gpa@esd.ny.gov
A directory of certifiedminority and women-ownedbusiness enterprises is available from:

NYS Departmentof Economic Development
Division of Minority and Women's Business Development
633 Third Avenue
NewYorl<.,NY 10017
212-803-2414

Email: mwbecertification@esd.ny.gov
https://ny.newnycontracts.com/FrontEndNendorSearchPubljc.asp
The OmrulmsProcurementAct of l 992 requires that by signing this bid proposal or contract. as applicable,Contractorscertify
that whenever the total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business Enterprises as
suppliers and subcontractors, including certified minority and women-ownedbusiness enterprises, on this project, and has
retained the documentationof these efforts to be provided upon requestto the State;
(b) The Contractor has complied with the Federal Equal Oppot1UnityAct of 1972 (P.L. 92-261), as amended;
(c) 111eContractor agrees to make reasonable efforts to provide notification to New York State residents of employment
opportunities on this projectthrough listing any such positionswith the Job Service Division ofthe New York State Department
of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts 01·
agreements.The Contractoragrees to document these efforts and to provide said documentationto the State upon request; and
(d) The Contractor acknowledgesnotice that the State may seek to obtain offset credits from foreign countries as a result of
this contract and agrees to cooperate with the State in these efforts.

21,RECIPROCITY
AND SANCTIONSPROVISIONS. Bidders are hereby notified that ifd1eirprincipal placeofbusiness
is located in a country, nation, province, state or political subdivisionthat penalizes New York State vendol'S,and if the goods
or services they offer will be substantially produced or performedoutsideNew York State, the Omnibus ProcurementAct l 994
and 2000 amendments (Chapter 684 and Chapter 383, respectively)require that they be denied contracts which they would
otherwise obtain. NOTE: As of May 15, 2002, the list of discriminatoryjurisdictions subject to this provision includesthe
states of South Carolina, Alaska, West Virginia, Wyoming, Louisiana and Hawaii. Contact NYS Department of Economic
Development for a current list of jurisdictions subject to this provision.

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 22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION
~

Contractor shall comply with the provisions of the New York State InformationSecurity Breach and NotificationAct
(General BusinessLaw Section 899-aa; StateTechnologyLaw Section208).
DISCLOSURE LA w. If this is a contract for consulting services,defined for
purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming,
engineering,environmental,health, and mentalhealth services,accounting,auditing,paralegal, legal or similar services,then,
in accordance with Section 163 (4-g) ofthe State FinanceLaw (as amendedby Chapter 10of the Laws of2006), the Contractor
shal1timely, accuratelyand properly comply with the requil"ementto submit an annual employmentreport for the contract to
the agency that awarded the conb·act,the Departmentof Civil Serviceand the State Comptroller.

23.COMPLIANCE WITHCONSUL
TANT

24. PROCUREMENT LOBBYING. To the extent this agreementis a "procurementcontract"as definedby

State Finance Law Sections 139-j and 139-k,by signingthis agreementthe contractorcertifies and affinns that all disclosures
made in accordance with State Finance Law Sections 139-jand 139-k are complete, true and accurate. In the event such
certificationis found to be intentionallyfalse or intentionallyincomplete,the State may terminatethe agreementby providing
writtennotificationto the Contractor in accordancewith the terms of the agreement.
2!5. CERTIFICATION OF REGISTRATION TO COLLECTSALESAND COMPENSATING
USE TAX BY
CERTAIN STATECONTRACTORS. AFFILIATES ANDSUBCONTRACTORS. To the extent this agreement is a

contract as defined by Tax Law Section 5-a, if the contractorfails to make the certificationrequired by Tax Law Section 5-a
or if during the tenn of the contract,the Deparbnentof Taxationand Financeor the covered agency, as definedby Tax Law Sa, discovers that the certification,made under penalty ofperjucy, is false,then such failureto tile or false certificationshall be
a material breach of this contract and this contract may be terminated,by providing written notificationto the Contractorin
accordancewith the tenns ofthe agreement,if the covered agencydeterminesthat such action is in the best interestof the State.
26. IRAN DIVESTMENT ACT. By entering intothis Agreement,Contractorcertifiesin accor:dancewith StateFinanceLaw
§165-athat it is not on the "Entities Determinedto be Non-ResponsiveBidders/Offererspursuant to the New York State Iran
DivestmentAct of2012" ("ProhibitedEntities List'') posted at: http://www.ogs.ny.goy/about/regs/docs/ListofEntities,pdf
Contractorfurthercertifies that it will not utilize on this Contractany subcontractorthat is identifiedon the ProhibitedEntities
List. Contractor agrees that should it seek to renew or extend this Conh-act,it must provide the same certificationat the time
the Contract is renewed or extended. Contractoralso agrees that any proposed Assignee of this Contract will be requiredto
certifythat it ls not on the Prohibited EntitlesList before the contractassignmentwill be approved by the State.
During the tenn of the Contract, should the state agency receive informationthat a person (as defined in State Finance Law
§165-a)is in violationof the above-referencedcertifications,the state agencywill review such infonnation and offerthe person
an opportunityto respond.If the person fails to demonstratethat it has ceased its engagementin the investmentactivitywhich
is in violationof the Act within 90 days after the determinationof such violation,then the state agency shall take such action
as may be appropriateand provided for by law, rule, or contract, including,but not limited to, imposing sanctions,seeking
compliance,recoveringdamages,or declaringthe Contractorin default.
_
The state agency reserves the right to reject any bid, request for assignment,renewal or extensionfor an entitythat appearson
the Prohibited Entities List prior to the award, assignment,renewal or extensionof a contract, and to pursue a responsibility
review with respect to any entity that is awarded a contractand appearson the ProhibitedEntities list after contractaward.

Maryland MVA

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 Appendix-B

STANDARD SECURITY CLAUSES
FOR SHARING DATA WITH EXtERNAL ENTITIES
n the New
The terms of this Appendix have been Incorporated into an agreement betwee
Parties to
York State Department of Motor Vehicles and the recipient of OMV data. The
extent not
the Agreement shall comply with the applicable provisions hereof, to the
superseded by federal law.
provided is
All data to which the Maryland Motor Vehicle Administration ("Recipient") will be
Recipient will
proprietary to OMV. Such data shall hereinafter be referred to as "OMV data".
rds must
safegua
Such
access.
safeguard all OMV data and resources to which it is granted
d under
provide
provide a level of protection of OMV data which is at least equivalent to those
and its
Information Technology Services (ITS) Information Security Policy NYS-P03-002,
ments.
engage
such
for
ds
standar
associated standards, and comports with industry
nt's
1. Recipient agrees to limit its use of OMV data to the purpose of fulfilling Recipie
unless
obligations arising under the terms of this Agreement, and for no other purpose,
·
expressly authorized to do so by OMV.
its control
2. Recipient must protect OMV data that is in Recipient's possession, or under
from unauthorized access, disclosure, or dissemination.
3. OMV data includes information that is:
• provided by OMV which is marked nconfidential";
• defined as "Personal, Private and Sensitive Information" (PPSI);
• not expressly granted for public disclosure or dissemination;
• protected by law from disclosure or dissemination;
• concerning DMV's infrastructure; and,
• pertinent to an ongoing investigation.
of the
4. Recipient must not permit DMV data to be copied or shared with anyone outside
to,
access
Recipient's organization, unless expressly authorized by OMV; and must limit
and use of, OMV data to individuals who require access for the purpose of fulfilling
Recipient's obligations arising under the terms of this Agreement.
es
5. Recipient must cooperate with OMV in the review of Recipient's data control process
employed for the protection of OMV data.
of OMV
6. In the event that Recipient confirms or suspects the unauthorized use or access
Risk
OMV's
notify
y
promptl
to
agrees
data or resources provided hereunder, Recipient
.ny.gov
Management Office via email at: nysdmvRiskManagement@dmv

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 7. Recipient acknowledges that it understands and must comply with laws concerning the
loss, misappropriation, compromise, or misuse of protected data provided hereunder,
including:
a) the federal Driver's Privacy Protection Act of 1994 (DPPA} (18 U.S.C. §2721, et seq.),
and
b) the New York State Information Security Breach and Notification Act (ISBNA) (General
Business Law, §899-aa; State Technology Law, §208).
8. In the event that the security of personal information is breached in violation of the ISBNA,
from a system maintained by Recipient, then the Recipient shall be responsible for
providing notice of breach to the person(s) to whom such information pertains. In the
event that Recipient is authorized to share such information with another entity, Recipient
must hold its recipient responsible for providing such notice. Prior approval from OMV is
required before any notifications are made to such persons.
9. Recipient must take appropriate measures to advise pertinent staff members of the
penalties associated with unauthorized access, use, or dissemination of protected data.
10. Recipient agrees to comply with DMV's instructions for the secure disposal of agreementrelated electronic or hard copy files in Recipient's possession upon expiration of the term
of this Agreement.
11. The following provisions apply to circumstances when Recipient or its
subcontractors make use of resou~cesprovided by DMV:
a) Personal Computers (PCs): OMV-provided PCs must only be used for activities
related to official assignments and/or job responsibilities. Recipient is responsible for
the use, protection, security and care of all DMV owned personal computers (PCs)
and related equipment assigned to them by DMV.
a. OMV-provided PCs, including laptops, monitors, printers, hardware, peripherals,
commercially licensed software, files, programs, and data, are the property of
OMV. OMV reserves the right to access or audit PCs, storage drives and
removable media, and the information contained therein.
b. Recipient must comply with the following restrictions when using OMV-provided
PCs:

i.
ii.

iii.
iv.

Maryland MVA

Protect against unauthorized access when the PC is left unattended by
locking it, or logging-off;
Log-off the PC at the end of the workday, to ensure that the power
remains on;
Do not leave a laptop unattended or unsecured;
Do not move the PC or related equipment to another location without
approval from DMV;

16

103118

GULaw Privacy FR

 v.
vi.

Do not modify or repair any PC or related equipment without prior
approval from DMV; and,
Do not connect any hardware that is not expressly approved by OMV.
Recipient must contact DMV for a list of approved hardware.

b) Software: Only software that is approved by DMV may be installed on OMV-provided
PCs. Recipient must abide by all software license agreements. Non-work related
software (e.g. games or music downloading programs) must not be installed or used
on OMV PCs. Recipient must not install OMV-owned software or programs on a nonOMV-owned PC, unless expressly approved by OMV.

c) Internet: OMV-provided Internet access must only be used for activities related to
official assignments and/or job responsibilities. Recipient must employ reasonable
precautions, including safeguarding and changing passwords, to prevent the
unauthorized use of their OMV provided internet account by anyone else. Recipient
must not access third-party internet service providers and webmail accounts (e.g.,
checking a personal email account on AOL), unless expressly authorized by OMV.
d) Network: Recipient must limit the use of the OMV network to activities related to
official assignments and/or job responsibilities.

e) Email: Recipient must limit the use of OMV email accounts to activities related to
official assignments and/or job responsibilities.
a. Recipient must use secure email service methods, which comply with industry
standards, when sending DMV data. Recipient is not authorized to use thirdparty sites, e.g., Oropbox, to transmit OMV data.

12. Recipient agrees to continuing cooperation with OMV in response to developing security
vulnerabilities.

(Revised 07/2016)

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