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06-23-2009 Intergovernmental Agreement State of CO, Dept of Rev, and Motor Carrier Srv DivisionDepartment of Revenue TAA Intergovernmental Agreement C dr THIS AGREEMENT, made this a3 day of L'4)Q-- 20 0`�'t , by and between the State of Colorado for the use and benefit of the Department of Revenue, Motor Carrier Services Division, CDL Compliance Section, 1881 Pierce Street, Room 118, Lakewood, Colorado 80214, hereinafter referred to as "DOR ", and aw \-- a 1'`1 i c t,. (name and type o governmental entity ") PUS ci q S Q C© g l to aQ (address), FEIN Number 8 L4 — 0 1 O 2� , hereinafter referred to as the "CDL Testing Unit ". FACTUAL RECITALS DOR is authorized by Sections 24 -4 -103, 42- 2- 111(1)(b), 42- 2- 403(2)(a), 42- 2- 406(3) and 407(8) C. R. S. to adopt rules and regulations as necessary for the Commercial Driver's License ( "CDL ") Program to ensure compliance and promote the safety and welfare of the citizens of Colorado; and DOR desires to memorialize and authorize CDL Testing Units to Administer and provide CDL Driver Skills Testing on behalf of DOR; and By reference, DOR adopts and incorporates into this agreement the Federal Motor Carrier Safety Regulations Parts 383, 384, 386, 390 and 391, Qualifications and Disqualification and Code of Federal Regulations, Title 49, Parts 383, 384, 386, 390 and 391, revised as of October 1, 2002. Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and NOW, THEREFORE, it is hereby agreed that in consideration of the mutual covenants and agreements set forth, the sufficiency of which is hereby acknowledged, DOR and the CDL Testing Unit agree as follows: 1. PRIORITY OF INTERPRETATION The provisions of this agreement shall be governing over the relationship of DOR and the CDL Testing Unit. Should conflict in any provisions of this agreement and any exhibits be identified, the priority of interpretation of the agreement shall be: first, the Special Provisions incorporated within the agreement; second, the terms and provisions of this agreement; and third, the Rules and Regulations for the CDL Program, ( "Exhibit A "), hereby attached and incorporated herein. 2. STATEMENT OF WORK AND RESPONSIBILITIES. A. On behalf of DOR, The CDL Testing Unit shall competently provide CDL Driving Skills Testing services to DOR and applicants pursuant to and consistent with the intent of all applicable Federal and State laws, the terms of this agreement; the Rules and Regulations for the Commercial Driver's License (CDL) Program, attached and incorporated herein as Exhibit A; and, the current CDL Tester's manual, hereby incorporated by reference. B. CDL Testing Unit shall at all times have a valid signed agreement with DOR prior to providing the services pursuant to the agreement. Additionally, the CDL Testing Unit and the CDL Driving Skills Tester shall be in possession of a valid license in accordance with Exhibit A of this agreement prior to providing services authorized by this agreement. C. The CDL Testing Unit shall have written permission from the landowner to administer the CDL vehicle basic control tests on areas not owned by the CDL Testing Unit. This written permission, substantially in a form equivalent to Attachment A, attached and incorporated herein, shall be submitted to DOR for approval prior to testing. D. The CDL Testing Unit agrees to: 1) Maintain an established place of business in Colorado with a vehicle fleet of no less than three CMV's owned, leased or registered to the testing unit, the business owner or an employee of the business; or 2) Maintain an adult education occupational business license with the Division of Private Occupational School, a division of the Colorado Department of Higher Education; or 3) Be an agency of government, public school district, private or parochial school or other type of pre - primary, primary, or secondary school transporting students from home to school or from school to home. 4) Comply with the Colorado Third Parry Testing Professional Code of Ethics, attached and incorporated herein as Attachment B. 3. TERM The term of this agreement is from July 1, 2009 or the date DOR executes this agreement, whichever is later and shall end June 30, 2010. DOR, in its sole discretion, may require continued performance for four (4) additional periods of twelve (12) months for any services at the terms specified in the agreement. DOR may exercise the option by written notice of its intent to renew to the CDL Testing Unit within thirty (30) days prior to the end of the current agreement term. Notice of intent does not commit DOR to a renewal. The renewal shall be in a form substantially equivalent to Attachment C of this agreement ( "Option Letter "). The Option Letter shall not be valid until signed by DOR. The total duration of this agreement shall not exceed five (5) years. The term of this agreement is contingent upon the issuance or renewal of a valid CDL Testing Unit license. Permanent revocation of the CDL Testing Unit License shall be sufficient cause for immediate termination of this agreement. 4. INSPECTION AND ACCEPTANCE The CDL Testing Unit shall permit DOR and federal agency monitoring and auditing of records and activities that are or have been undertaken pursuant to this agreement. DOR reserves the right to inspect services provided under this agreement at all reasonable times and places during the term of the agreement, including any extensions. "Services" as used in this clause includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform to agreement requirements, DOR may require the CDL Testing Unit to perform the services again in conformity with the agreement requirements. When defects in the quality or quantity of service cannot be corrected by re- performance, DOR may require the CDL Testing Unit to take necessary action to ensure that the future performance conforms to the agreement requirements. 5. NON - EXCLUSIVE RIGHTS It is understood and agreed by the CDL Testing Unit that DOR does not grant the CDL Testing Unit exclusive rights to provide the products and/or services under this agreement. DOR reserves the right to agreement from persons and entities other than the CDL Testing Unit, as may be in the best interest of DOR. This agreement shall remain in full force and affect should DOR enter into other agreements for the same or similar goods and services as provided under this agreement. 6. SUBCONTRACTORS Pursuant to 42 -2- 407(1) C.R.S., the use of subcontractors in the performance of this agreement is not allowed. CDL Driving Skills Tests may be performed only by employees of DOR or by CDL Driving Skills Tester(s) employed by CDL Testing Units. 7. REPRESENTATIONS WARRANTIES AND PERFORMANCE STANDARDS The CDL Testing Unit shall perform the services described in Section 2, "Statement of Work and Responsibilities ", in accordance with the highest standard of care, skill and diligence provided by a professional person or company in performance of work similar to the service. The CDL Testing Unit warrants that (a) services provided under this agreement shall meet the descriptions in this agreement, (b) there are no pending or threatened suits, claims, or actions of any type with respect to the services provided and (c) the services shall be free and clear of any liens, encumbrances, or claims arising by or through the CDL Testing Unit or any party related to the CDL Testing Unit. The CDL Testing Unit expressly warrants and guarantees complete performance of the work in a manner acceptable to DOR. 8. CONFLICT OF INTEREST /GIFTS GRATUITIES During the term of this agreement, the CDL Testing Unit shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the CDL Testing Unit's obligations under this agreement. Additionally, the CDL Testing Unit acknowledges that in governmental agreementing, even the appearance of a conflict of interest is harmful to the interests of DOR. Therefore, the CDL Testing Unit shall refrain from any practices, activities or relationships that could reasonably be considered to be in conflict with the full performance of CDL Testing Unit's obligations to DOR in accordance with the terms and conditions of this agreement, without the prior written approval of DOR. In the event that the CDL Testing Unit is uncertain whether the appearance of a conflict of interest may reasonably exist, the CDL Testing Unit shall submit to DOR a full disclosure statement setting forth the relevant details for DOR's consideration and direction. Failure to promptly submit a disclosure statement or to follow DOR's direction in regard to the apparent conflict shall be grounds for termination of the agreement. The CDL Testing Unit shall not, by itself or through any officer, director, employee, agent, partner, subagreementor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, or anything of monetary or non - monetary value to any employee of DOR or to any member of his/her immediate family or anyone living in his/her household. Failure by the CDL Testing Unit to ensure compliance with this provision may result, in DOR's sole discretion, in immediate termination of the agreement. 3 9. PERFORMANCE BOND The CDL Testing Unit shall acquire a performance bond in the amount of five thousand dollars ($5,000.00) when the CDL Testing Unit is testing applicants outside of their testing unit. Such bond must inure to the benefit of DOR and shall be in force through the term of the agreement, including any extensions. A certificate evidencing coverage must be delivered to DOR prior to execution of the agreement and prior to each subsequent renewal. The bond agreement shall contain a provision that indicates that any modifications or cancellation of such bond can occur only sixty (60) days after written notice to DOR. In the event of default by the CDL Testing Unit, DOR will have the sole responsibility for selecting the alternate CDL Testing Unit. 10. PRESS CONTACTS/NEWS RELEASES The CDL Testing Unit shall not initiate any press and/or media contact nor respond to press /media requests regarding this agreement and/or any related matters concerning DOR without the prior written approval of DOR. 11. CONFIDENTIALITY OF STATE RECORDS AND INFORMATION The CDL Testing Unit acknowledges that it may come into contact with confidential information in connection with this agreement or in connection with the performance of its obligations under this agreement, including but not limited, to personal records and information of individuals. It shall be the responsibility of the CDL Testing Unit to keep all State records and information confidential at all times and to comply with all Colorado State and Federal laws, rules and regulations concerning the confidentiality of information. Any request or demand for information in the possession of the CDL Testing Unit made by a third party who is not an authorized party to this agreement shall be immediately forwarded to the DOR's representative listed in the "Notices and Representatives" section of this agreement for resolution. The CDL Testing Unit shall provide and maintain a secure environment that ensures confidentiality of all State records and information wherever located. No State information of any kind shall be distributed or sold to any third party or used by the CDL Testing Unit or its agents in any way, except as authorized by the CDL Testing Unit and as approved by the DOR. State information shall not be retained in any files or otherwise by the CDL Testing Unit or its agents, except as set forth in this agreement and approved by the DOR. Disclosure of State records or information may be cause for legal action against the CDL Testing Unit or its agents. Defense of any such action shall be the sole responsibility of the CDL Testing Unit or its agents. If the CDL Testing Unit becomes aware of a breach of data security, it shall notify DOR immediately and cooperate with DOR regarding recovery, remediation, and the necessity to involve law enforcement, if any. The CDL Testing Unit shall be responsible for the cost of notifying each Colorado resident and residents of other states whose personal information may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of DOR. The CDL Testing Unit shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in the future. The CDL Testing Unit shall present such analysis and remediation plan to DOR within ten (10) days of notifying DOR of the breach of data security. DOR reserves the right to adjust this plan, in its sole discretion. In the event that the CDL Testing Unit cannot produce the required analysis and plan within the allotted time, DOR, in its sole discretion, may perform such analysis and produce a remediation plan that the CDL Testing Unit shall comply with, at the CDL Testing Unit's sole cost. The CDL Testing Unit shall notify all of its agents, employees, subcontractors and assigns who will come into contact with State information that they are subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of the requirements before they are permitted to access information or data. 12. THIRD PARTY BENEFICIARIES The enforcement of the terms and conditions of this agreement and all rights of action relating to such enforcement shall be strictly reserved to DOR and the CDL Testing Unit. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of DOR and the CDL Testing Unit that any such person or entity, other than DOR or the CDL Testing Unit, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. 13. NOTICES The CDL Testing Unit shall notify the State in writing within three (3) business days of any of the following: • Any State or court ordered action imposing suspension, revocation, or cancellation upon the driver's license of a CDL Driving Skills Tester. • Any State or court ordered action imposing an "Out of Service" order or "Removal from Safety Sensitive Function" order on the driving status of a CDL Driving Skills Tester. • Any change in the CDL Testing Unit's name address, phone number, and testing location. • The CDL Testing Unit ceases business operations in Colorado. For the Testing Unit: For the State: c \ 'n n 5TP2 - State of Colorado Name Department of Revenue MCS- CDL �M Co g I Ze �O Trish Aragon Address 1881 Pierce St., Room 118 Lakewood, CO 80214 ` ( Q �� _L S -, oSVbyv Co 9 I t Z O 303 - 205 -5670 Address Telephone Number 14. LEGAL AUTHORITY The CDL Testing Unit warrants that it possesses the legal authority to enter into this agreement and that it has taken all actions required by its procedures, by -laws, and /or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this agreement and to bind the CDL Testing Unit to its terms. The person(s) executing this agreement on behalf of the CDL Testing Unit warrant(s) that such person(s) have full authorization to execute this agreement. 15. REMEDIES. In addition to any other remedies provided for in this agreement, and without limiting its remedies otherwise available at law, the State may exercise the following remedial actions if the CDL Testing Unit substantially fails to satisfy or perform the duties and obligations in this agreement. Substantial failure to satisfy the duties and obligations shall be defined to mean be significant insufficient, incorrect or improper performance, activities, or inaction by the CDL Testing Unit. These remedial actions are as follows: A. Suspend the CDL Testing Unit's performance pending necessary corrective action as specified by the State without the CDL Testing Unit's entitlement to adjustment in schedule; and /or B. Request the removal from work on the agreement of employees or agents of the CDL Testing Unit whom the State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the agreement the State deems to be contrary to the public interest or not in the best interest of the State; and /or C. Terminate the agreement for default. The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of them individually or simultaneously. 15. TERMINATION FOR CONVENIENCE Termination The State may, when the interests of the State so require, terminate this agreement in whole or in part, for the convenience of the State. The State shall give at least ten (10) days advance written notice of the termination to the CDL Testing Unit specifying the part(s) of the agreement terminated and the effective date of termination. Exercise by the State of the Termination of Convenience Clause in no way implies that the State has breached the agreement. CDL Testing Unit's Obligations The CDL Testing Unit shall incur no further obligations in connection with the terminated work and on the date specified in the notice of termination the CDL Testing Unit shall stop work to the extent specified. The CDL Testing Unit shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The CDL Testing Unit shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The CDL Testing Unit must still complete and deliver to the State the work not terminated by the Notice of Termination and incur obligations as are necessary to do so. 16. TERMINATION FOR DEFAULT /CAUSE If the CDL Testing Unit refuses or fails to perform any of the provisions of this agreement, the State may notify the CDL Testing Unit in writing of the non - performance, and if not promptly corrected within the time specified, the State may terminate the CDL Testing Unit's right to proceed with the agreement or such part of the agreement as to which there has been delay or a failure to properly perform. In the event of termination, all finished or unfinished documents, data, studies, surveys, reports or other materials prepared by the CDL Testing Unit pursuant to this agreement shall, at the option of the State, become the State's property and, if in the possession of the CDL Testing Unit, shall immediately be returned to the State. The CDL Testing Unit shall continue performance of the agreement to the extent it is not terminated. Notwithstanding the above, the CDL Testing Unit shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the agreement by the CDL Testing Unit. Notwithstanding termination of the agreement and subject to any directions from the State, the CDL Testing Unit shall take timely, reasonable and necessary action to protect and preserve property in the possession of the CDL Testing Unit in which the State has an interest. Excuse for Nonperformance or Delayed Performance The CDL Testing Unit shall not be in default by reason of any failure in performance of this agreement in accordance with its terms if such failure arises as a result of "force majeure," as set forth in the "Force Majeure" section of this agreement. Upon request of the CDL Testing Unit, the State shall ascertain the facts and extent of such failure, and, if the State determines that any failure to perform was a result of force majeure, and that, but for the force majeure, the CDL Testing Unit's progress and performance would have met the terms of the agreement, the delivery schedule shall be revised accordingly, subject to the rights of the State. Erroneous Termination for Default If after notice of termination of the CDL Testing Unit's right to proceed under the provisions of this clause, it is determined for any reason that the CDL Testing Unit was not in default under the provisions of this clause, or that the delay was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause. 17. INSURANCE. If the CDL Testing Unit is a "public entity" within the meaning of the ColoradoGovernmental Immunity Act, CRS 24 -10 -101, et seg., as amended ( "Act "), the CDL Testing Unit shall at all times during the term of this agreement maintain such liability insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the Act. Upon request by the State, the CDL Testing Unit shall show proof of such insurance. 18. ASSIGNMENT AND SUCCESSORS. The CDL Testing Unit shall not assign rights or delegate duties under this agreement. 19. FORCE MAJEURE Neither the CDL Testing Unit nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this agreement, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by "force majeure". As used in this agreement "force majeure" means acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or agreementual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes, freight embargoes; illegality, or unusually severe weather. 20. WAIVER The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or requirement. 21. INTEGRATION OF UNDERSTANDING. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to State Fiscal Rules. 22. SURVIVAL OF CERTAIN CONTRACT TERMS. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits and/or attachments hereto which may require continued performance, compliance, or effect beyond the termination or expiration date of the agreement shall survive such termination or expiration date and shall be enforceable by the State as provided herein in the event of such failure to perform or to comply by the CDL Testing Unit. 7 23. MODIFICATION AND AMENDMENT This agreement is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this agreement on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this agreement shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is properly executed and approved in accordance with applicable law. 24. COOPERATION OF THE PARTIES. The CDL Testing Unit and the State agree to cooperate fully, to work in good faith, and to mutually assist each other in the performance of this agreement. In connection herewith, the parties shall meet to resolve problems associated with this agreement. Neither party will unreasonably withhold its approval of any act or request of the other to which the party's approval is necessary or desirable. Disputes arising under this agreement that cannot be settled through an informal meeting may be resolved through the procedures set forth in the Colorado Procurement Code. 25. VENUE & CHOICE OF LAW This agreement is made in the State of Colorado. CDL Testing Unit agrees that exclusive venue for any action between the parties for claims concerning this agreement shall be in the City and County of Denver, Colorado. In accordance with Special Provision 6, GENERAL, below, the laws of the State of Colorado shall control. 26. SECTION HEADINGS The section headings or titles are for convenience only and shall have no substantive effect in the interpretation of the agreement. SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24- 30- 202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS § § 24 -18 -201 and 24 -50 -507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS § § 24 -30 -202 (1) and 24 -30- 202.4. [NotApplicahle to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8 -17.5 -101. [Not Applicahle to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perfonn work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract through participation in the E -Verify Program or the Department program established pursuant to CRS §8- 17.5- 102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre - employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5- 102(5), by the Colorado Department of labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract. Revised 1 -1 -09 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT CDL TESTING UNIT: By: _ o�- �rLSV� �_ob Legal Name of Con acting Entity So ' Security Number or EIN Signature of Authorized Officer `.y Print Name & i e of Authorized Officer CORPORATIONS: (A corporate attestation is required.) Attest (S 1) By: (Corporate ecret ox J qui or. ToNvn/City /C mty Clerk . oo STATE OF COLORADO: BILL RITTER, JR., GOVERNOR Joan Vecchi, Senior Director Motor Vehicle Division For the Executive Director Department of Revenue (Place corporate seal here, if available.) 10 Exhibit A RULES AND REGULATIONS FOR THE COMMERCIAL DRIVER'S LICENSE (CDL) PROGRAM 1 CCR 204 -12 November 2008 A. BASIS, PURPOSE AND STATUTORY (1) The Department is authorized to adopt rules and regulations as necessary for the Commercial Driver's License Program in accordance with Sections 24 -4 -103, 42- 2- 111(1)(b), 42- 2- 403(2)(a), 42 -2- 407(8), CRS. (2) The purpose of these rules is to ensure compliance with state and federal requirements to promote the safety and welfare of the citizens of Colorado. B. INCORPORATION BY REFERENCE OF FEDERAL RULES (1) Adoption: The Department incorporates by reference the Federal Motor Carrier Safety Regulations Part 383, 384, 390, and 391, Qualifications and Disqualification of Drivers. (2) The Federal Regulations incorporated or referenced by this rule are published in the Code of Federal Regulations, Title 49, Part 383, 384, 390, and 391, revised as of May 2007. Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. The Federal rules and regulations referenced or incorporated in these rules are on file and available for inspection by contacting the Motor Carrier Services Division of the Department of Revenue, 1881 Pierce Street, Room 118, Lakewood, Colorado, 80214, 303 -205- 5600, and copies of the materials may be examined at any state publication depository library. *Matter incorporated by reference. C. DEFINITIONS (1) AAMVA: American Association of Motor Vehicle Administrators is a voluntary, nonprofit, tax exempt, educational unit that represents state and provincial officials in the United States and Canada who administer and enforce motor vehicle laws. (2) CDL: Commercial Driver's License means a license issued to an individual in accordance with the requirements of the federal "Commercial Motor Vehicle Safety Act of 1986." The document issued by the Department entitles the holder while having such document in his/her immediate possession, to drive a motor vehicle of certain classes and endorsements upon the highways without supervision. (3) CDL Instruction Permit: The permit issued by the Department entitling the applicant, while having such permit in his/her immediate possession, to drive a motor vehicle of certain classes and/or endorsements upon the highways with a driver that possesses a CDL with the same class and/or endorsements or higher, as the CDL Instruction Permit driver. (4) CDL Vehicle Class: A group or type of vehicle with certain operating characteristics. (5) CDLIS: Commercial Driver's License Information System is the central database that stores the list of CDL drivers, in addition, the drivers' state of record. 11 (6) CDL driving tester or driving tester: An individual licensed by the Department under the provisions of Section 42 -2 -407, CRS to administer CDL driving tests. (7) CDL testing unit or testing unit: A business, association, or governmental entity licensed by the Department under the provisions of 42- 2-407, CRS to administer CDL driving tests. (8) CMV: Commercial Motor Vehicle means a motor vehicle designed or used in commerce to transport passengers or property, if the vehicle, has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating determined by federal regulation; or is designed to transport sixteen or more passengers, including the driver; or is transporting hazardous materials and is required to be placarded. (9) CRS: Colorado Revised Statutes. (10) Department: Colorado Department of Revenue. (11) Disqualifications: The suspension, revocation, cancellation, or any other withdrawal by the Department of a person's privilege to drive a CMV or a determination by the FHWA under the rules of practice for motor carrier safety contained in Part 386 of this title, that a person is no longer qualified to operate a CMV under Part 391; or the loss of qualification that automatically follows conviction of an offense listed in FMCSR 383.51 (12) DPOS: Division of Private Occupational School, a division of the Colorado Department of Higher Education. (13) Designed to Transport: The manufacturer's original rated capacity of the vehicle. (14) Endorsements: This is a letter indicator added to a CDL and/or permits that indicate successful completion of the appropriate knowledge and/or skill test(s) that allows the operation of a special configuration of vehicle(s). (a) T = Double /triple trailers (b) P = Passenger (c) N = Tank vehicles (d) H = Hazardous materials (Not indicated on permit) (e) S = School buses (f) X = Combination of tank vehicle and hazardous materials (Not indicated on permit) (g) M = Motorcycle (h) 3 = Three wheel motorcycle (15) Exemptions: Regulatory relief given to a person or class of persons normally subject to regulations without the exception. (16) Farm Custom Harvester: An individual engaged in seasonal custom - harvesting operations. (17) Farm- Related Service Industry: Is an entity with special Federal Motor Carrier Safety Administration designation that provides farm- related services such as: (a) Agri- chemical businesses; 12 (b) Custom harvesters; (c) Farm retail outlets and suppliers; and (d) Livestock feeders. (18) FHWA: Federal Highway Administration is an agency within the USDOT. (19) FMCSA: Federal Motor Carrier Safety Administration is an agency within the USDOT. (20) FMCSR: Federal Motor Carrier Safety Regulations (49 CFR Parts 350 -399). (21) GCWR: Gross Combination Weight Rating is the value specified by the manufacturer as the loaded weight of the combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any weight thereon. (22) Government: means a state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract cooperation only between or among the state, county, city and county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof. (23) GVWR: Gross Vehicle Weight Rating is the value specified by the manufacturer as the loaded weight of a single vehicle. (24) Intrastate Driver: A driver authorized to operate a CMV within the boundaries of Colorado, and not authorized to transport items of interstate commerce or hazardous materials. (25) Interstate Commerce: Trade, traffic or transportation in the United States between a place in the state and a place outside of such state, including outside of the United States or between two places in a state as part of trade, traffic, or transportation originating or terminating outside the state or the United States. (26) Interstate Driver: A CDL holder authorized to cross state lines and transport interstate commerce while operating a CMV. (27) NDR: National Driver Register maintains the national database of driver histories. Each applicant's driving history shall clear NDR prior to the issuance of a CDL. (28) Non - Profit: An organization filing with the United States Code 26USC Section 501(c). (29) CDL Passenger Vehicle: For the purposes of these rules a passenger vehicle designed to transport 16 or more passengers, including the driver. (30) Paved Vehicle Control Testing Area: For the purpose of these rules, a paved testing area is a surface made up of materials and adhesive compounds of a sufficient depth and strength prepared to provide a durable, solid, smooth surface upon which an applicant will demonstrate basic vehicle control skills. (3 1) Public Transportation Entity: A mass transit district, mass transit authority, or any other public entity authorized under the laws of this state to provide transportation services to the general public. 13 (32) Representative Vehicle: A motor vehicle, that represents the group or type of motor vehicle that an applicant operates or expects to operate. (33) Restrictions: Prohibits the operation of certain types of vehicles or restricts operating a CMV within designated boundaries. (34) Salaried: A paid employee. (35) USDOT: United States Department of Transportation. (36) Vehicle Test Area Marking: The paved testing area will be painted to delineate boundaries for each of the vehicle control skill tests. The area provides a defined test area with traffic cones placed according to Department standards. D. APPLICANT LICENSING REQUIREMENTS (1) Each applicant for a CDL or instruction permit shall be a resident of Colorado, at least 18 years of age, and comply with the testing and licensing requirements of the Department. (a) The CDL and instruction permit will indicate the class of license, any endorsements and any restrictions for that individual driver. The CDL is valid for the operation of a non- CMV including a motorcycle with the appropriate motorcycle endorsement on the license. (b) A valid CDL may be transferred from another state authorized to issue a CDL. (2) Prior to the issuance of a CDL or instruction permit, each applicant shall provide evidence of his/her social security number (SSN) in accordance with Department procedures. (3) Each applicant shall meet the medical and physical qualifications under FMCSR Part 391.41 * and have this examination verified on a DOT medical examination form. Unless the following exceptions apply, each driver shall carry this medical examination form or the medical examiner's certificate on his/her person when operating a CMV: (a) Individuals holding a waiver issued by the Colorado State Patrol or the FMCSA. (b) Those who are exempted under FMCSR Part 391.2* for an individual engaged in farm custom operations; custom harvesting; transporting farm machinery, supplies or both; and certain farm vehicles. *Matter incorporated by reference. E. ENDORSEMENTS (1) T- Double/Triple Trailers: Required to operate a CMV used for drawing two or more vehicles or trailers with a GCWR that is 26,001 lbs. or more and combined GVWR of the vehicles being towed are in excess of 10,000 lbs. (2) P- Passenger: Required to operate a vehicle designed by the manufacturer to transport 16 or more passengers, including the driver. 14 (3) N -Tank Vehicles: Required to operate a vehicle to haul liquid or liquid gas in a permanently mounted cargo tank rated at 119 gallons or more or a portable tank rated at 1,000 gallons or more. (4) H- Hazardous Materials: Required to transport materials that require the motor vehicle to display a placard under the hazardous materials regulations. (5) S- School Buses: Required to operate a school bus used to transport public, private, parochial or any other type of pre - primary, primary, or secondary students from home to school, from school to home or to and from school sponsored events. (6) X- Combination Tank/Hazmat: Required to operate vehicles that meet the definition of (3) and (4). F. RESTRICTIONS (1) Intrastate: The letter "K" is added to the CDL of a driver between the ages of 18 through 20, and/or a driver who has been issued a valid medical waiver from the Colorado State Patrol. Under this CDL restriction, the driver shall not: (a) Operate a CMV outside the state boundaries; (b) Transport interstate commerce as defined in the FMCSR 390.5 *; or (c) Transport hazardous materials requiring a placard or commodities with a hazard class or subject to the "poison by inhalation hazard" shipping description. * Matter incorporated by reference. (2) Air brake: The letter "L" is added to the CDL of an individual restricted from operating vehicles equipped with air brakes. Air - over - hydraulic or assisted brake systems are not considered full air brake systems. (a) The "L" restriction is removed by successfully completing the air brake knowledge test and the driving skill test's in a vehicle equipped with air brakes and is representative of the vehicle class. (b) Before taking the driving skill tests in a vehicle equipped with air brakes, the individual shall have in his/her possession a CDL permit without the "L" restriction. (3) No Tractor Trailer: The letters No Trctr Trlr, restrict operation of a truck tractor unit (laden or unladed) designed and used to draw a semi - trailer or tractor. A "NO TRCTR TRLR" will be placed on the Class A CDL restricting the driver from operating a Class A vehicle with a power unit that has a GVWR of 26,001 lbs. or more. (a) The "NO TRCTR TRLR" restriction can be removed by successfully completing the driving skill tests in a Class A vehicle with a power unit that has a GVWR of 26,001 lbs. or more. (b) Before taking the driving skill tests in a Class A vehicle with a power unit that has a GVWR of 26,001 lbs. or more, the driver shall have in their possession a CDL Instruction permit without the "NO TRCTR TRLR" restriction. 15 G. EXEMPTIONS (1) FMCSR Part 383.3. Applicability authorizes the state to grant certain groups exceptions from the CDL requirements. (a) FMCSR — Part 383.3 (c): Exception for certain military drivers. (b) FMCSR — Part 383.3 (d)(1 and 2): Exception for farmers and firefighters are applicable to CRS 42 -2 -402 (4)(b)(III) and (IV). (c) FMCSR — Part 383.3 (d)(3): Exception for drivers removing snow and ice. (d) FMCSR — Part 383.3 (f): Restricted CDL for certain drivers in farm- related service industries. (2) FMCSR Part 391.2 specifies the exceptions to the physical qualifications for individuals engaged in custom harvesting operations in FMCSR 391.2 *. * Matter incorporated by reference. H. ENTITY ELIGIBLE TO APPLY FOR A TESTING UNIT LICENSE (1) The Department may authorize a testing unit to administer the CDL driving skill tests on behalf of the Department if such training and testing is equal to the training and testing of the Department. (2) Enter into a written contract with the Department and agree to: (a) Maintain an established place of business in Colorado with a vehicle fleet of no less than three CMV's owned, leased or registered to the testing unit, the business owner or an employee of the business; or (b) Maintain an adult education occupational business license with the Division of Private Occupational School, a division of the Colorado Department of Higher Education; or (c) Be an agency of government, public school district, private or parochial school or other type of pre - primary, primary, or secondary school transporting students from home to school or from school to home. I. TESTING UNIT REQUIREMENTS (1) An entity shall apply for and receive a CDL testing unit license from the Department in order to administer CDL driving skill tests for the licensing period. The CDL testing license expires on June 30"' of each year. The license(s) for both the testing unit and driving tester(s) shall be displayed in the place of business. (a) Testing unit license fees are: $300.00 initial license; $100.00 annual renewal fee; (b) Driving Tester License fees are: $100.00 initial license; $50.00 annual renewal fee; (c) Driving tester license transfer fee: $50.00. Transferring from one unit to another within six months of leaving a unit. 16 (d) Fees are waived for units and testers that only provide public transportation. (e) Public transportation units that test outside of their unit and do not provide public transportation only, shall submit the appropriate fees. (f) If a license is not renewed on or before June 30"' of each year, the initial fees will apply. Unit and driving tester license(s) may be suspended or inactivated until appropriate fees and documentation are submitted. (g) Licenses can be renewed 60 days prior to June 30' of each year. (2) Testing units shall only test with a valid license issued by the Department. (3) Testing units shall ensure that each driving tester has a valid license issued by the Department to administer CDL driving skill tests. (4) The testing unit shall notify the Department in writing within 3 working days of the termination or separation of any driving tester. (5) The place of business shall be a separate establishment and may not be part of a home. The CDL testing unit shall comply with city zoning and code requirements. The unit's physical address shall not be a post office box. (6) The testing unit shall have written permission from the landowner to administer the CDL vehicle basic control tests on areas not owned by the testing unit. This written permission shall be submitted to the Department for approval prior to testing.] (7) The testing unit shall maintain at least one salaried employee who is licensed and designated as a CDL driving tester. (8) The testing unit shall ensure that the unit's driving tester(s) administer the CDL driving skill tests as outlined by Department. (9) The testing unit shall ensure that the unit's driving tester(s) complete all CDL Third Party Testing forms correctly. (10) The testing unit shall ensure that the unit's driving tester(s) administer the CDL driving skill tests to drivers in the vehicle class and/or endorsement(s) that the driver has on his or her instruction permit or CDL. (11) The testing unit is responsible for ensuring that the testers attend all mandated training provided by the CDL Compliance Section. Failure of the tester to attend scheduled training may result in the suspension of testing privileges. (12) The testing unit shall submit a weekly testing schedule to the CDL Compliance section. This weekly testing schedule will start on Monday and conclude on Sunday. Weekly schedules shall be submitted by electronic mail or faxed no later than the Friday prior to the week of testing. The weekly testing schedule shall include the: unit's name, unit's number, the driver's name, tester's number, location, date and time of test. The CDL Compliance section shall be notified of all canceled tests at least four (4) hours prior to the scheduled test or as soon as the testing unit or driving tester is aware of the change. 17 (13) Driving testers within a testing unit shall administer a minimum of four (4) complete CDL driving skill tests during the previous licensing period to be eligible for renewal. (14) The testing unit shall ensure that the unit's driving tester only issues the Colorado CDL Driving Skill Test Completion form for the class of vehicle that the applicant has successfully completed the driving skill test. (15) The testing unit will allow CDL driving skill tests only on Department approved testing areas and routes. (16) All three portions of the CDL driving skill tests shall be conducted during daylight hours. (17) The testing unit shall enter into an agreement with the Department containing, at a minimum, provisions that: (a) allow the FMCSA, the Department and their representatives to conduct random inspections and audits without prior notice; (b) require the Department to conduct on -site inspections at least annually; (c) require all driving testers to meet the same training and qualifications as state examiners, to the extent necessary to conduct CDL driving skill tests in compliance with these rules and regulations; (d) Required that, at least on an annual basis, Department employees shall take the tests administered by the testing unit as if the state employee were a test applicant, or the Department shall test a sample driver(s) who was tested by the third party to compare pass -fail results; and (e) Allow the Department the right to take prompt and appropriate remedial action against any testing unit or driving tester when such driving tester fails to comply with Department or federal standards or any other items of the contract or the rules and regulations. (f) Ensure driving testers that test outside of their unit obtain the AAMVA CDL third party tester certification by December 31" of each year, as required by the Department. AAMVA membership fees are the responsibility of the driving tester. (18) Charge fees only in accordance with 42 -2 -406, CRS. A tester and a testing unit shall only charge for tests administered. (a) The fees for the administration of driving skill tests for commercial drivers shall not exceed the sum of one hundred seventy -five dollars. (b) The fees for the administration of driving skill tests for commercial drivers to any employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services shall not exceed one hundred dollars. (c) The fees for the administration of a retest for a commercial driver after failing all or any of the driving tests shall not exceed one hundred seventy -five dollars. 18 (d) The fees for the administration of a retest for a commercial drivers to any employee or volunteer of a nonprofit organization that provides specialized transportation services for the elderly and for persons with disabilities, to any individual employed by a school district, or to any individual employed by a board of cooperative services shall not exceed one hundred dollars. (19) Make all CDL testing records available for inspection during regular business hours. (20) Hold the state harmless from liability resulting from the administration of the CDL program. (21) Make annual application for renewal of the unit's testing license and individual tester license(s) before the license expires on June 30` of each year. J. DRIVING TESTER REQUIREMENTS (1) The driving tester shall possess a valid USDOT medical card and a valid CDL with the appropriate class and endorsement(s) to operate the vehicle(s) in which the CDL driving skill tests are administered. (2) The driving tester shall conduct the full CDL driving skill tests in accordance with Department procedures and shall use state grading forms. (3) The driving tester shall administer all portions of the CDL driving skill tests in English. (4) Interpreters are not allowed for any portion of the driving skill tests. (5) The driving tester agrees as part of the application to hold the State harmless from the liability of CDL driving skill testing. (6) The driving tester shall test in the CDL class of vehicle or endorsement(s) group authorized by the Department. (7) Prior to administering the CDL driving skill tests, the tester shall ensure that the applicant has in his /her immediate possession, a current USDOT medical card, a current CDL instruction permit or a current CDL for operating the class and endorsement(s) of vehicle being used for testing. (8) The driving tester shall ensure that the vehicle that the CDL Skill tests will be administered in shall be in proper working and mechanical order. (9) A driving tester removed from performing a safety sensitive function, shall not perform any functions under the CDL Third Party Testing Program. (10) The vehicle inspection, the basic vehicle control skills and the on -road driving tests shall be administered by the same tester in sequential order with no more than a 15- minute break between each test and the road test. Tests shall be scheduled to avoid the lunch break. (11) The driving tester shall be employed by a licensed testing unit prior to attending a new CDL Third Party tester's training class. (12) The driving tester may only administer the CDL driving skill tests on a test area and route that has been approved by the Department. With prior approval from the Department, a driving tester may use an alternate test area and route that has been approved by the Department. 19 (13) The driving tester shall inform the applicant that he /she maybe randomly selected for a retest as mandated by the FMCSR 383.75(a)(2)(iv) *. The driving tester shall ensure that the applicant reads and signs the DR2736 (Colorado CDL Driving Skill Test Completion form). * Matter incorporated by reference. (14) The driving tester may administer CDL driving skill tests as an employee of, and on behalf of, the licensed testing unit. The driving tester may administer tests for more than one unit. However the driving tester shall be licensed under each unit to conduct testing on his/her behalf. The tester shall keep all CDL records separate for each testing unit. License fees shall apply. (15) If an applicant fails any portion(s) of the CDL driving skill tests they shall return on a different day and perform all three (3) portions of the test over. (16) The driving tester shall administer at least four (4) complete CDL driving skill tests within the twelve -month period preceding the application for renewal from the Department. (17) The driving tester shall verify the identity of the driver by comparing the photo on a drivers' license with the driver. (18) Upon leaving a testing unit, the driving tester's license may be transferred to another testing unit within 6 months. If the tester is not employed at a licensed testing unit within 6 months, the tester will be required to attend a new tester training class to be licensed by the Department. All training and license fees shall apply and are the responsibility of the tester. (19) The driving tester cannot administer CDL tests to a driver that he /she has trained within the same day. K. COURSE AND ROUTE REQUIREMENTS (1) A testing unit shall have a paved area for the CDL vehicle inspection; vehicle control skill testing that is large enough to administer all of the required CDL control maneuvers. These include: (a) Solid painted lines and traffic cones shall be used to mark the testing boundaries in accordance with Department standards. (i) Traffic cones used to mark the test boundaries shall be a minimum of twelve inches in height and the same size traffic cones shall be used for each maneuver. Traffic cones shall be replaced when they are no longer retaining the original shape and color. (b) The vehicle control testing area shall be cleared to a condition that allows the applicant to readily determine the boundary lines and cones during the test. (i) The testing area boundaries shall be cleared of snow, debris, or vehicles that would obstruct the applicant's view during the vehicle control maneuvers. (ii) Testing on dirt, sand or graveled area is not allowed. (c) The testing unit shall request and receive approval from the Department for any change(s) to the approved road test route prior to administering a CDL road test. 20 L. RIGHTS (1) The driving tester may refuse to test an applicant. The tester shall notify the CDL Compliance section if an applicant is refused a test and refer that applicant to the CDL Compliance Section. (2) Governmental driving testers who want to test outside of their own unit shall request, in writing, and receive approval from the CDL Compliance Section prior to administering CDL tests. M. RECORDING AND AUDITING REQUIREMENTS (1) An applicant who has successfully completed the driving skill tests shall be issued the "Colorado CDL Driving Skill Test Completion" form (DR 2736). The testing unit will retain the carbon copy of this form and attach it to all of the applicant's score fonn(s) for the testing unit's records. This form is not authorization to the driver to drive unsupervised. (2) The CDL Compliance Section shall be notified in writing after an applicant fails the road test portion of the driving test. All failures shall be reported on the monthly report and testers shall fax or send electronically the failed road test (front and back) score form to the CDL Compliance Section no later than 5 p.m. of the following business day. (3) The testing unit shall maintain all pass /fail records for three years. These will include the CDL driving skill testing records for each driver tested, the dates of the testing, the applicant's identification information, the vehicle information and the name and state assigned tester number who administered the test. If a testing unit becomes unlicensed, the unit shall return all testing records to the Department within 30 days. (4) A testing unit shall prepare and submit a monthly report of testing results to the Department. The report shall include: the unit's name, the unit's number, the name of each applicant tested, CDL permit Number, endorsements (H, X, P), the length of time it took to administer the test (i.e. start and completion time), and the pass /fail results. These reports shall be submitted to CDL Compliance Section by the fifth day of each month (a) After three years, testing units may destroy all pass /fail records (shred, burn). (5) During CDL compliance audits and/or inspections, driving testers shall cooperate with the Department and FMCSA, by allowing access to testing areas and routes, furnishing driving skill testing records and results, and other items pertinent to the mandated inspection. The tester must surrender testing records upon request. The tester may make copies and retain copies of such records. (6) If the testing unit provided the vehicle for the initial test, the testing unit will furnish the vehicle for a driver selected for a retest. No fees, including any vehicle rental fees required for testing will be collected for this mandatory evaluation. The Department shall not be held liable during retests for any damage, injury or expense incurred. (7) If the driver tested in his/her own vehicle, the driver selected shall supply the vehicle for the test. (8) The testing unit will not be authorized to conduct any further testing if the CDL Compliance Section determines that the testing unit is not cooperating with the audit requirements. 21 N. BOND (1) A testing unit that is not an agency of government, or any Colorado school district, shall maintain a bond in the amount of $20,000.00 with the Department. A surety company authorized to do business within the State of Colorado shall execute the bond. (a) The bond shall be for the use and benefit of the Department in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional or negligent conduct of the testing unit or its agent(s) or employee(s). (b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit's license shall be suspended. The suspension shall continue until satisfactory steps are taken to restore the original amount of the bond required by the Department. (2) A testing unit that is an agency of government, or any Colorado school district, that will administer CDL driving tests outside of their unit, shall maintain a bond in the amount of $5,000.00 with the Department. A surety company authorized to do business within the State of Colorado shall execute the bond. (a) The bond shall be for the use and benefit of the Department in the event of a monetary loss within the limitations of the bond, attributable to the willful, intentional or negligent conduct of the testing unit or its agent(s) or employee(s). (b) If the amount of the bond is decreased or terminated, or if there is a final judgment outstanding on the bond, the testing unit's license shall be suspended. The suspension shall continue until satisfactory steps are taken to restore the original amount of the bond required by the Department. O. ETHICAL REQUIREMENTS FOR THIRD PARTY TESTING UNITS (1) No advertisement shall imply that a unit can issue or guarantee the issuance of a CDL. (2) No advertisement shall imply that the unit has any influence over the Department in the issuance of a license. (3) No tester, employee, or agent for the testing unit will be permitted to solicit on the premise of a Colorado State Driver License Office. (4) No test can be administered unless the applicant is present. (5) A fee cannot be collected unless an applicant is present. P. REVOCATION, CANCELLATION OR SUSPENSION OF TESTING UNITS AND TESTERS. (1) The license of a testing unit or driving tester may be suspended or revoked for willful or negligent actions that may include but are not limited to any of the following: (a) Misrepresentation on the application to be a testing unit or driving tester; 22 (b) Improper testing and certification of an applicant who has applied for a CDL; (c) Falsification of test documents or results; (d) Violations of the provision of the CDL rules related to the testing unit and driving testers; (e) Failure to employ a minimum of at least one licensed CDL tester; (f) Willful action to avoid or the refusal to cooperate in a CDL Compliance audit and record review; and (g) Violations of the contract terms and conditions; and (h) For cause. (2) Summary Suspension: The Department may issue an immediate cease testing notice if it has reasonable grounds to believe that a testing unit or driving tester has deliberately and willfully violated the provisions of these rules or the law, or that the public health, safety or welfare imperatively requires emergency action. The cease testing notice shall operate as a summary suspension of the license, and testing shall not be permitted until the issue is resolved. The notice shall state the reason(s) for the order, shall offer the tester or testing unit a hearing, and shall be sent to the tester or testing unit at issue. If the tester or testing unit requests a hearing, proceedings for suspension or revocation of the license shall be promptly instituted and determined. (3) Appeal Process: A testing unit or driving tester may contest a cease testing notice, notice of suspension or a notice of violation by requesting a hearing. The request must be submitted in writing and appropriately labeled, such as "CDL Cease Testing Appeal," to the Department of Revenue, Hearings Division, 1881 Pierce Street, Room 106, Lakewood, Colorado, 80214. Subsequent appeal may be had as provided by law. (4) Material incorporated by reference in this rule does not include later amendments to or editions of the incorporated material. Copies of the material incorporated by reference may be obtained by contacting the Division of Motor Vehicles, Division of MCS of the Department of Revenue, 1881 Pierce Street, Room 118, Lakewood, Colorado, 80214, 303 - 205 -5600, and copies of the materials may be examined at any state publication depository library. 23 Attachment A LAND USE AUTHORIZATION The land used for the purposes of driver skill testing not owned by the CDL Testing Unit shall require written permission from the respective landlord or land owner on this form and submit to the CDL Compliance Section for approval prior to driver skill testing. This certification confirms that is the property owner of the land located at: Property address Landowner (print) This property will be used for the purposes of CDL driver skill testing and access to the testing area will be granted to the CDL Compliance Section for inspection at any time. Landowner (print) grants permission to Landowner Representative (print) CDL Testing Unit name administering the CDL driving skills test and State inspections. for the purposes of Landowner Representative (signature) Phone # Date This authorization expires on For: CDL Compliance Section (Date, if applicable) 24 Attachment B Colorado Third Party Testing Professional Code of Ethics It shall be the guiding purpose and the individual duty of every licensed Third Party Testing unit and Tester to: RECOGNIZE that this is a position of highest public trust, and that many people depend upon the wisdom of your decisions. IMPARTIALLY administer all official duties without regard to race, gender, creed, national origin, position or influence. CONDUCT all examinations in a manner reflecting their importance to public safety. SERVE the public with all possible promptness and courtesy. REJECT all presents and favors from applicants or others relating to your official duties. CONVEY only authorized information to the public. SERVE people with disabilities in an impartial manner. WORK only by official testing standards -- never substituting personal ideas for prescribed methods. MAINTAIN professional appearance and demeanor. INTERACT professionally with co- workers, supervisors, medical and vision specialists, and other professionals. MAINTAIN awareness of developments in the safety related field. UPHOLD the honor and dignity of the profession, by reporting any fraudulent activities. CARRY out all duties not specifically covered by this code with the safety and welfare of the public as the controlling motive. 25 Attachment C OPTION LETTER No. (Date) , Fiscal Year (`FY ") In accordance with Section of the Contract dated (Contract Routing No. ) , between the State of Colorado, Department of Revenue, and (CDL Testing Unit's Name), DOR hereby exercises the option for an additional () year's performance period from , 20_ through _, 20 State of Colorado: Bill Ritter, Jr., Governor By: For the Executive Director Colorado Department of Revenue Date: 26 Effective Date: July 1, 2009 Western Surety Comp LICENSE AND PERMIT BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 7074 1176 That we, Town of Avon of the CitY of Avon , State of Colorado , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State Colorado as Surety, are held and firmly bound unto the , State of Colorado , as Obligee, in the penal sum of Five Thousand and 00/100 DOLLARS ( $5, 000. 00 lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been licensed Commercial Drivers License Test by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until Julv 1st 2010 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S, Ma -lo—the Obligee and to the Principal at the address last known to the Surety, and at the expir_ _Dve (35) days from the mailing of said notice, this bond shall ipso facto terminate and thy &&X ­ ^s k _- Areupon be relieved from any liability for any acts or omissions of the Principal ssu s- Regardless of the number of years this bond shall continue in force, the number of 0, made ag6.ffT9 &s bond, and the number of premiums which shall be payable or paid, the Surety's tat =7inut of liabil tg=0iall not be cumulative from year to year or period to period, and in no event shall rM AOKJ:Zj7lity for all claims exceed the amount set forth above, Any revision of the bond anWd;gh�ruolW- emulative. 23rd day of June 2009 TOWN OF AVON Principal Principal COUNTERSIGNED WESTER URET COMPANY BY NOT NEEDED Resident Agent By- Paul T. Bruflat, Se for Vice President Form 532 -2 -2006 70741176 Patty McKenny From: Jill Padbury [JillP @cirsa.org] Sent: Thursday, June 25, 2009 2:38 PM To: Patty McKenny Subject: FW: Avon CDL Bond Attachments: I R1 1 OOOO.tif Patty, Page 1 of 2 Attach is a copy of the Town's Performance Bond for the CDL testers. I will send the original as soon as it is received. Per my prior e -mail, the correction to the Principal's name will follow as well. If you have any questions, please let me know. Thank you! ' Jill Fadbury, Senior Undo rNvriting Representative l ,fit 303.757547 800.228, 7136 FAX: 303.7.57.3950 From: Kirby, Joanne [mailto:kirby_jk @willis.com] Sent: Thursday, June 25, 2009 12:24 PM To: Jill Padbury Subject: Avon CDL Bond Original will follow. Thanks. Joanne K. Kirby Sr. Account Executive /AVP Willis Pooling Practice 26 Century Blvd. Nashville, TN 37214 615- 872 -3541 Phone 615 - 872 -3592 FAX Joanne. Kirby @willis.com Willis HRH From: Dawidowicz, Debra M. [ mailto: Debra.Dawidowicz @cnasurety.com] Sent: Thursday, June 25, 2009 12:36 PM To: Kirby, Joanne Subject: 70741176 <<IRI 10000.tif>> 6/25/2009