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Item C02BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/15/03 Division: Public Works Bulk Item: Yes X No Department: Fleet Management AGENDA ITEM WORDING: Approval of Test Site #1 and revised Test Site #2 to the Appendix of the Agreement with the Florida Department of Highway Safety and Motor Vehicles concerning Commercial Driver License (CDL) examinations for Monroe County employees and hurricane evacuation volunteer drivers. ITEM BACKGROUND: This agreement enables Monroe County to continue to conduct Commercial Driver License (CDL) examinations for Monroe County employees and hurricane evacuation volunteer drivers. When the new agreement was approved in July, Test Site #1 (Key West) was missing from the Appendix and Test Site #2 (Plantation Key) had the Key West address. PREVIOUS RELEVANT BOCC ACTION: On June 29, 1992, the BOCC approved the Agreement for the County's Fleet Management Department to administer Commercial Driver License (CDL) tests. On July 15, 2003, the BOCC approved the new agreement. CONTRACT/AGREEMENT CHANGES: Add Test Site #1 to the Appendix and revise Test Site #2 to include the correct address. STAFF RECOMMENDATIONS: Approval as stated above TOTAL COST: N / A BUDGETED: Yes _ No N/A COST TO COUNTY: N / A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year APPROVED BY: County Atty. _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: Dent Pierce DOCUMENTATION: Included X To Follow Not Required DISPOSITION: AGENDA ITEM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Highway Contract # A17 Safety and Motor Vehicles Effective Date: Expiration Date: Contract Purpose/Description: Add Test Site #1(Key West and revised Test Site #2 Plantation Key) to the Appendix Contract Manager: Beth Leto 4560 Public Works - #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on October 15, 2003 Agenda Deadline: September 30, 2003 Total Dollar Value of Contract: Budgeted? Yes[] No ❑ Grant: $ County Match: $ CONTRACT COSTS n/a Current Year Portion: n/a Account Codes: ADDITIONAL COSTS Estimated Ongoing Costs: $ n/a /yr. For: (Not included in dollar value above) (e.g., maintenance CONTRACT REVIEW Changes Da e I Needed Division Director f16 Yes❑No❑Risk Management 3 Yes[:] No[-_ O.M.B./Purchasing 1(S C)-j Yes❑� No© County Attorney "i�3 Yes❑ NoE3' Comments: etc. Date Out ,7/AF/, 91r6 9/r�/o3 Test Site Number 1 for Third Party Administrator: Monroe County Board of CoUnty CnmmjqRjnnPrR Name of Organization Contract # Ar 7 Contract Date Site Address: Private Government 3583 S. Roosevelt Blvd Mailing Address Street or P.O. Box Key West 33040 Monroe City Zip Code County Location Address if different from mailing address City Zip Code Telephone Number 3 0 5- 2 9 2-3 572 Fax Number County 305-292-3529 Designate. d Agents for Test Site Communications and Compliance For the Third Party Administrator Roy Sanchez, Director - Fleet Management Services Print name and title For the Department of Highway Safety and Motor Vehicles Monitor for Zone Print name Approved Testing Activities at Site: CDL Tests CDL Skills, Class A CDL Skills, Class B and C Standard Vehicle Licensing Tests (all applicants) Knowledge Classes E/D Site Status: Date approved: Date closed: Driving Classes E/D by DHSMV Monitor: 23 of 23 Test Site Number 2 for Third Party Administrator: _ Monroe County Board of County Commissioners Name of Organization Contract # A17 Contract Date Site Address: Private Government 87831 Overseas Hwy Mailing Address Street or P.O. Box Islamorada MonroA City Zip Code County Location Address if different from mailing address City Zip Code County Telephone Number 3 0- 8.5 2- 71 5 8 Fax Number 3 0 5- 8 5 2- 7 3 2 5 Designated Agents for Test Site Communications and Compliance For the Third Party Administrator Roy Sanchez, Director - Fleet Management Services Print name and title For the Department of Highway Safety and Motor Vehicles Print name Approved Testing Activities at Site: CDL Tests CDL Skills, Class A CDL Skills, Class B and C Standard Vehicle Licensing Tests (all applicants) Knowledge Classes E/D Site Status: Date approved: Date closed: Driving Classes E/D by DHSMV Monitor: Monitor for Zone 23 of 23 a Contract Summary Third Party Administrators for Florida Driver License Testing In accordance with Section 322.56, Florida Statutes, the Department of Highway Safety and Motor Vehicles authorizes the Third Party Administrator named below to conduct driver license tests as described in this agreement. Third Partv Administrator: Monroe County Board of County Commissioners Name of Organization Contract # AI7 7111 Effective Date Private Government Roy Sanchez, Director - Fleet Management Department Responsible Business or Agency Official (print name and title) Florida Business or Agency Address: 3583 S. Roosevelt Blvd. Mailing .Address Street or P.O. Box Key West 'iinan City Zip Code I..ocation Address if different from mailing address City Zip Code Authorizations for Testing: CDT, Tests CDL Skills, Class A CDL Applicants Employees of the Third Party Administrator Standard Vehicle Licensing Tests (all applicants) Knowledge Classes E/D Test Sites _ tv IV Key West Plantation Key CDL Skills, Class B and C All Applicants Driving Classes E/D Site # t Site # 2 Site # Site # Site # Site # Site # Site # 1 of 23 AGREEMENT between the FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES and a DRIVER LICENSE THIRD PARTY ADMINISTRATOR THIS AGREEMENT is made effective this ' day of , 20 , BY AND BETWEEN the FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF DRIVER LICENSES (hereinafter the Department) AND Monroe County Board of County Commissioners (hereinafter the Third Party Administrator) This agreement authorizes the named Third Party Administrator to conduct driver license examinations on behalf of the Department. NOW THEREFORE, the Department and the Third Party Administrator, in consideration of the duties and responsibilities set forth herein, mutually agree as follows: I. DEFINITIONS The following words and terms, when used in this document, shall have the following meanings: A. DEPARTMENT: The Florida Department of Highway Safety and Motor Vehicles, Division of Driver Licenses. B. THIRD PARTY ADMINISTRATOR: An entity of state government, a subdivision of suite _overnment, a public or private corporation, a firm, an organization, a school, or an entity 2 of 23 of local government certified by the Department as authorized to conduct an approved testing program for driver license applicants in accordance with the requirements described herein. A corporate or government entity defined as a Third Party Administrator must be authorized and accept responsibility for the performance of all its subdivisions conducting test activities under this agreement. C. THIRD PARTY TESTER: An individual who is a payroll or contract employee of a Third Party Administrator and who is personally certified to conduct driver license tests in accordance with the terms of this agreement. D. EMPLOYEE: A person who is employed by a Third Party Administrator and receives annually an Internal Revenue Service Form W-2, or an independent contractor who has a written contract with the Third Party Administrator and receives annually an Internal Revenue Service Form 1099. E. APPLICANT: An individual who intends to apply for a Florida Commercial Driver License (Class A, B, or C) or an original non-commercial Florida Driver License (Learner's, Class E, or Class D), and who will therefore be required to pass the applicable knowledge and/or driving skills tests. F. CLASS E LICENSE: In Florida's classified licensing system, the non-commercial license type required to drive standard passenger vehicles and light trucks not requiring a Class D or higher license class, in accordance with Section 322.54, Florida Statutes (formerly known as an operator's license). G. CLASS D LICENSE: In Florida's classified licensing system, the non-commercial license type required to drive trucks with a gross vehicle weight rating (GVWR) between 8,000 and 26,000 pounds, or more than 80 inches wide, in accordance with Section 322.54, Florida Statutes (formerly known as a chauffeur's license). 3 of 23 H. COMMERCIAL DRIVER LICENSE (CDL): In Florida's classified licensing system, a Class A, Class B, or Class C driver license as required to drive commercial motor vehicles in accordance with Chapter 322.54, Florida Statutes. I. PROGRAM: The third party testing program, comprised of the organizations, activities, and administrative functions that provide for approved driver license testing by parties other than the Department under the terms of this agreement. J. CERTIFICATE: A document issued to a Third Party Administrator verifying that the administrator is authorized to conduct an approved testing program on behalf of the Department. K. CONTRACT NUMBER: An assigned number that shall identify the Third Party Administrator where applicable in program documents and information systems. L. TEST SITE: Any of the physical locations at which the Third Party Administrator is authorized to conduct driver license testing, as designated in an Appendix to this agreement. M. TEST SITE NUMBER: A number assigned to each physical address of each test site at which the Third Party Administrator is authorized to conduct driver license tests. 4 of 23 II. THE DEPARTMENT AGREES TO A. TESTING AUTHORITY: 1. Permit the Third Party Administrator to conduct the following commercial driver licensing skills tests, pursuant to the terms of this agreement and applicable provisions of Chapter 322, Florida Statutes, subject to any limitations noted in Section II.A.2: Skills (Pre -trip, Basic, Road) Tests for Class A CYCs.No Skills (Pre -trip, Basic, Road) Tests for Class B and C Yes' No 2. Permit the Third Party Administrator to conduct commercial driver licensing skills tests for the following applicants: CDL applicants employed by the Third Party Administrator as _ commercial vehicle drivers Yes No All CDL Applicants Yes No 3. Permit the Third Party Administrator to conduct the following driver licensing knowledge and/or skills tests for all applicants, pursuant to the terms of this agreement and applicable provisions of Chapter 322, Florida Statutes: Knowledge (Road Rules, Road Signs) Tests for Class E and D Yes Skills (Driving) Tests for Class E and D Yes CNo) CNo 1 5 of 23 B. TEST CONTENT AND PROCEDURES: Provide Department test items, necessary forms and test procedures for use by the Third Party Administrator. C. TECHNICAL ASSISTANCE: - Provide consultation to the Third Party Administrator regarding laws, rules, and procedures for conduct of the program established under this agreement. D. ADMINISTRATION AND ENFORCEMENT: Administer and enforce the provisions of the driver license Third Party Testing program. III. THE THIRD PARTY ADMINISTRATOR AGREES TO A. LEGAL COMPLIANCE: Comply with Section 322.56, Florida Statutes, with all other applicable statutes, with administrative rules of the State of Florida and the Department, and with all applicable local ordinances. B. PLACE OF BUSINESS: Continuously maintain a place of business at each test site that includes a permanent, regularly occupied building located within the State of Florida and which meets all applicable safety and legal requirements of the federal, state, and local governments. C. MAILING ADDRESS: Maintain a permanent mailing address and provide this address to the Department. D. FACILITIES AND EQUIPMENT: Maintain facilities and equipment approved by the Department as applicable to the types of driver license testing authorized in Section II.A of this Agreement. 1. For Mass E and D Knowledge Testing: An indoor area suitable for students to complete multiple choice tests, computer(s), printer(s), and Internet connectivity meeting specifications for Department -supplied testing software. 6 of 23 2. For Class E and D Skills (Road) Testing An off-street area suitable for pre -test inspection of the vehicle an applicant will use for the test An approved road test route and alternate route or approved off-street test range 3. For Classes A, B, and C Skills Testing For Third Party Administrators not originally certified prior to September 1, 2002, ownership or lease of at least. five commercial vehicles or employment of at least five drivers whose primary duties are to drive commercial vehicles. A paved off-street area permanently marked and meeting all applicable dimensions and specifications for the CDL basic skills test, as provided in the AAMVA model CDL Examiner's Manual, Version 2. An approved road test route and one or more alternate routes. E. VEHICLES - Ensure all vehicles used for testing, whether furnished by the Third Party Administrator or by the applicant, meet applicable federal and state requirements for safe operating condition. F. DESIGNATED RESPONSIBILITIES: Designate an individual representative with general responsibility for the Third Party Administrator's compliance with this agreement, and an individual representative with specific responsibility for operations at each of the Third Party Administrator's respective test sites. Nothing in this agreement precludes designating the same individual to be responsible for both general compliance and for operations at a given test site. G. TRAINING - Participate in training as may be required by the Department. H. THIRD PARTY TESTERS: Employ at least one Third Party Tester holding a valid certificate issued by the Department for the type(s) of test(s) being conducted, and permit only those employees who maintain current valid certificate(s) to conduct tests under this Agreement. I. THIRD PARTY TESTER RECORDS: Maintain a record of each Third Party Tester in the employ of the Third Party Administrator. Each record shall contain documentation of the Third 7 of 23 Party Tester's valid certification by the Department, status as a payroll employee, Department or other official state driver record current within the past six months, home address, and telephone number. Each record shall be maintained for at least three years after the Third Party Tester leaves the employ of the Third Party Administrator. J. KNOWLEDGE TEST CONDUCT: Ensure that knowledge tests are conducted strictly in accordance with the procedures prescribed by the Department. K. SKILLS TEST CONDUCT: Ensure that skills tests are conducted strictly in accordance with the specifications and procedures prescribed by the Department and in accordance with applicable provisions of Rule 15A-1.015, Florida Administrative Code. Tests must be conducted in a vehicle of the class and type for which the applicant seeks licensure and in which the Third Party Tester is certified to test. Tests must be conducted during a time of day beginning no more than 30 minutes before sunrise and ending no more than 30 minutes after sunset. L. CONFIDENTIALITY: Ensure that no parties other than the Third Party Administrator, Third Party Testers employed by the Third Party Administrator, and authorized representatives of the Department gain access to the Department's library of knowledge test items in any form. Ensure that knowledge test items are not revealed to applicants except during administration of the test. M. APPLICANT RECORDS MAINTENANCE: Maintain, on forms provided by the Department, at the approved third party testing location, for a minimum of three years, all records of each applicant for whom the Third Party Administrator conducts a knowledge and/or driving skills test, whether the applicant passes or fails the test. N. PROOF OF RESULTS: Provide a test waiver form that includes documented proof of results, in a format designated by the Department, to each applicant who takes and passes the required tests, including compliance with procedures to ensure that an applicant presenting such proof to the Department is the same person to whom the form was issued by the Third Party Administrator. 8 of 23 O. SECURITY OF PROGRAM MATERIALS: Maintain strict security and accountability for waiver forms and confidential test materials issued by the Department. Department waiver forms will remain secured at the Third Party Administrators' approved test site(s) until needed for same day use. P. ACCOMMODATING APPLICANTS WITH SPECIAL NEEDS: Maintain the capability. to accommodate applicants needing special services in accordance with requirements of the Florida Americans With Disabilities Accessibility Implementation Act, Sections 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building Construction, providing requirements for persons with disabilities and with the requirements of Public Law 101-336, enacted July 26, 1990, effective January 26, 1992, Section 28 CFR Part 35 and Appendix to Section 36 CFR Part 1191, 42 USCS s.12101 et seq., known as the "Americans with Disabilities Act of 1990." Q. COMPLIANCE MONITORING SUPPORT: 1. Allow the Department or its representatives to conduct any and all monitoring activities required by Section 322.56, Florida Statutes. 2. Provide unscheduled access to the approved third party testing site(s), vehicles used for testing, Third Party Tester and applicant records as specified in this agreement to representatives of the Department and the Federal Motor Carrier Safety Administration. 3. Provide representatives of the Department and the Federal Motor Carrier Safety Administration with copies of all records required to be maintained under this Agreement, on request. 4. Allow representatives of the Department and the Federal Motor Carrier Safety Administration to observe any applicant's testing, including those portions occurring inside vehicles. 9 of 23 5. Refund or waive any test fees charged to Department operatives who may pose as applicants for purposes of monitoring compliance with this agreement. R. CERTIFICATES: Prominently display the authorized Third Party Administrator Certificate in its approved third party testing site(s). S. MISCELLANEOUS NOTIFICATIONS: 1. Notify the Department by the fifteenth day of each month of all applicants tested during the previous month, by submitting a copy of the Department Monthly Activity Report maintained in accordance with Section III.M of this agreement. 2. Notify the Department in writing thirty days prior to any change in the Third Party Administrator's business or agency name, ownership, or address. 3. Notify the Department in writing within ten calendar days of changes in the individual(s) designated to represent the Third Party Administrator under Section XV and in the Appendix to this agreement. 4. Notify the Department in writing within ten calendar days of changes in Third Party Testers employed by the Third Party Administrator. 5. Notify the Department whenever the Third Party Administrator ceases business operations at an approved third party testing site. 6. Notify the Department within five calendar days of actions by any employees of the Third Party Administrator that are known to violate the terms of this agreement. 10 of 23 T. INDEMNIFICATION: The provisions of this Section apply to all Third Party Administrators that are not entities of state or local government or local school districts. Indemnify and hold harmless the State of Florida, the Florida Department of Highway Safety and Motor Vehicles, and all of their officers, employees, and agents from and against any and all claims, losses, damages, costs and other proceedings made, sustained, brought or prosecuted in any manner based upon, occasioned by or attributable to any injury, infringement or damage arising from any act or omission of the Third Party Administrator or the Third Party Administrator's agents, Third Party Testers or other employees in the performance of this agreement. IV. COMPLIANCE AND ENFORCEMENT Penalties for specific forms of non-compliance with this agreement are defined and applied as follows: A. ADMINISTRATIVE NON-COMPLIANCE: Failure to meet requirements for reporting, notifications, record keeping, and similar acts that do not compromise testing integrity or public safety. First Occurrence Written reprimand Repeated Occurrence Thirty (30) day suspension of testing authority at applicable test site(s) B. MINOR DISCREPANCY IN TEST PROCEDURE: Failure to properly administer a required portion of an otherwise complete test procedure, such as omission of a required maneuver. First Occurrence Ten (10) day suspension of testing authority at applicable test site(s) Repeated Occurrence Termination of testing authority at applicable test site(s) 11 of 23 C. MAJOR DISCREPANCY IN TEST PROCEDURE: Failure to include all required parts of a test procedure, such as omission of the pre -trip inspection, failure to use an approved test route, or use of unsafe vehicles for testing applicants. First Occurrence Forty-five (45) day suspension of testing authority at applicable test site(s) Repeated Occurrence Termination of testing authority at applicable test site(s) D. FRAUD: Abuse of authorities granted under this agreement to gain profit through issuance of test waiver forms to applicants who have not passed substantially complete tests. First Occurrence Termination of this agreement The Department will have sole discretion to determine the occurrence and the level of the violations defined above, and to apply associated penalties. Nothing in this section limits application of provisions for termination or cancellation of this agreement under Section V of this agreement where deemed appropriate. V. TERM OF CONTRACT This agreement shall remain in effect until made inactive, made subject to renewal, suspended, terminated, or canceled in accordance with the following provisions: A. INACTIVE STATUS: The Third Party Administrator's testing authority will be deemed inactive upon the request of the Third Party Administrator, upon failure to have at least one certified Third Party Tester under employment as specified in Section III.H, or upon failure to have administered any tests under this agreement within the previous twelve months. The Department will provide written notification of inactive status and recover all unused waiver forms in the Third Party Administrator's possession. Testing authority under contracts deemed inactive may be restored upon request of the Third Party Administrator and verification by the 12 of 23 Department that all requirements for compliance with the original agreement have been reestablished. B. RENEWAL: Agreements with Third Party Administrators other than government agencies will be subject to renewal upon significant changes in the identity of the contracted organization, including changes in the business name, in ownership, or in the business or agency official accepting responsibility for compliance as a signatory to the original agreement, but not including changes in public officials assuming responsibilities of their predecessors in office. Procedures and requirements for contract renewal will be the same as for original contracts. C. SUSPENSION Testing authority at one or more test sites of the Third Party Administrators may be suspended in accordance with Sections IV.A, IV.B, or IV.C, Compliance and Enforcement, of this agreement. The Department will provide written notification of suspension and recover all unused waiver forms in the Third Party Administrator's possession for the duration of the suspension. D. CANCELLATION: Either party to this agreement may cancel this agreement for any reason by providing sixty days written notice of cancellation to the other party. E. TERMINATION: The Department reserves the right to terminate this agreement immediately upon determining that continued performance by the Third Party Administrator, or Third Party Tester employed by the Third Party Administrator, would endanger the public health, safety, or welfare. Additionally, the Department may terminate testing authority at one or more test sites in accordance with Sections IV.B or IV.C, Compliance and Enforcement, of this agreement. The Department may terminate this agreement immediately upon determining that the Third Party Administrator, or Third Party Tester employed by the Third Party Administrator, has done one or more of the following: L Has failed to comply with or satisfy any of the provisions of this agreement. 2. Has falsified any record or information required under this agreement. 13 of 23 3. Has been criminally arrested for or committed an act that, in the opinion of the Department, compromises the integrity of the Program. 4. Has failed to file a certificate of insurance or self-insurance or has failed to maintain required insurance coverage. 5. Has refused to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Third Party Administrator in conjunction with the agreement. VI. APPLICABILITY OF CHAPTER 120, FLORIDA STATUTES Provisions of the Administrative Procedures Act, Chapter 120, Florida Statutes, will govern actions of the Department to suspend or terminate testing authority or terminate this agreement under Sections IV and V of this agreement. VII. APPLICANTS ELIGIBLE FOR THIRD PARTY TESTING Persons subject to suspension upon failing an examination and/or persons directed to appear for Department reexamination are not eligible for third party testing under this agreement. VIII. CHARGES AND NOTIFICATIONS TO APPLICANTS A. POSTING OF FEES: Any fee charged to applicants for tests conducted under this agreement must be prominently posted at the Third Party Administrator's approved third party test site(s). Any fee for tests conducted under this agreement must be uniformly charged to all applicants. Acceptance of gratuities or other forms of payment in addition to the posted fee is prohibited. Any fee charged to an applicant for Class E or D licensing tests conducted under this agreement must be refunded upon demand if that applicant subsequently applies for license 14 of 23 issuance and is found ineligible due to uncorrectable vision deficiency or other medical condition. B. ADDITIONAL INFORMATION TO BE POSTED: The following information must be prominently posted at the approved third party testing location or otherwise made known to applicants prior to incurring charges: 1. Payment of any fees to the Third Party Administrator will not affect fees payable by the applicant to the Department for issuance of a driver license. 2. The Department may retest any applicant presenting a Third Party Administrator's waiver form in the process of obtaining a driver license without regard to results indicated on that form 3. The Third Party Administrator does not issue driver licenses and cannot guarantee issuance of a driver license nor in any way influence the Department in issuance of a driver license. IX. PROFESSIONAL CONDUCT A. PROHIBITED HIRING PRACTICES: The Third Party Administrator agrees not to engage the services of any current employee of the Division of Driver Licenses, or of a county tax collector serving as a licensing agent of the Department, as a Third Party Tester, agent or employee. B. APPLICANT ASSISTANCE: The Third Party Administrator agrees that no Third Party Tester, employee, or agent of the Third Party Administrator will be permitted to assist any driver license applicant in a manner that provides unfair advantage in passing the knowledge and/or skills tests covered under this agreement. C. SOLICITATION: The Third Party Administrator agrees that no Third Party Tester, employee, or agent of the Third Party Administrator will solicit any individual on premises 15 of 23 rented, leased, or owned by the Department or any of its agents to be an applicant in any third party testing program. X. ADVERTISING A. GUARANTEES: The Third Party Administrator agrees that none of its advertising shall indicate in any way that the Third Party Administrator can issue or guarantee the issuance of a driver license or imply that the Third Party Administrator can in any way influence the Department in the issuance of a driver license or imply that preferential or advantageous treatment from the Department can be obtained. B. ENDORSEMENTS: The Third Party Administrator agrees to refrain from indicating that its program is approved, sanctioned, or in any other way endorsed by the Department, except to say that it is "certified." C. BUSINESS NAME: The Third Party Administrator agrees not to use any name in its advertising besides the name on its application for certification, to use this name in all advertising, and not to use the word "state" in any part of its name. D. DEPARTMENT REVIEW: The Third Party Administrator agrees to submit all advertising and promotional materials to the Department prior to release, whether in print or broadcast form, and to comply with changes as may be directed by the Department in accordance with Sections X.A. — C. XI. INSURANCE FOR NON GOVERNMENTAL ENTITIES The provisions of this Section apply to all Third Party Administrators that are not entities of state - or local government or local school districts. A. COMMERCIAL AUTOMOBILE LIABILITY: The Third Party Administrator shall take out and maintain Commercial Automobile Liability insurance on all vehicles owned by the Third Party Administrator and used for testing applicants. This insurance shall include Hired and Non - owned Liability for all claims which may arise from all operations under this agreement or 16 of 23 contract whether such operations are by the Third Party Administrator or the Third Party Administrator's agents, Third Party Testers, other employees, or applicants. using the vehicle at the time of administering a test. Minimum Limits of Liability: $1,000,000 Automobile Liability Combined Single Limits to include P1P/PDL/BIL $750,000 Hired & Non -owned Liability B. OTHER VEHICLES: If the Third Party Administrator uses an applicant's vehicle for conducting the road test, it agrees to ensure that such applicant's vehicle is in compliance with the Motor Vehicle No -Fault Law, and has the required coverage of $10,000 for Personal Injury Protection, in addition to $10,000 Property Damage Liability coverage, prior to conducting the skills test. C. COMMERCIAL GENERAL LIABILITY: The Third Party Administrator shall take out and maintain Commercial General Liability insurance including products and completed operations, for the entire length of this agreement. This insurance will provide coverage for all claims that may arise from the operations completed under this agreement, whether such operations are by the Third Party Administrator or the Third Party Administrator's agents, Third Party Testers, or other employees. Such insurance shall include a Hold Harmless Agreement in favor of the State of Florida, Department of Highway Safety and Motor Vehicles and must include the State of Florida as an Additional Named Insured for the entire length of the agreement. Minimum Limits of Liability: $1,000,000 each occurrence $2,000,000 Aggregate D. HOLD HARMLESS ENDORSEMENT: The Third Party Administrator shall indemnify and hold harmless the State of Florida, Department of Highway Safety and Motor Vehicles, and 17 of 23 Department employees from and against all losses, claims, demands, payments, suits, actions, recoveries and judgements of every nature and description brought or recoverable against it or them by reason of any act or omission of the Third Party Administrator or the Third Party Administrator's agents, Third Party Testers, or other employees in the execution of the work or in consequence of any negligence or carelessness in guarding the same. E. WORKERS' COMPENSATION: The Third Party Administrator shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all of its employees working in connection with this agreement. Minimum Employers Liability Limits: $100,000 each accident $500,000 policy limit $100,000 each employee F. SURETY BOND: The Third Party Administrator shall take out and maintain during the life of this agreement, a Surety Bond guaranteeing that the terms and conditions of the contract specifications and the requirements associated with this contract will be fulfilled. Amount of Bond: $100,000 G. ADDITIONAL REQUIREMENTS: 1. Pursuant to Chapter 624 and 626 F.S., all insurance shall be purchased and countersigned by a Florida Resident Insurance Agent. 2. For an application as Third Party Administrator to be considered and continuously maintained, the insurance coverages must be provided by an insurance company with a minimum Best's Rating of A or a Financial Performance Index of IX from the current Best's Key Rating Guide. 18 of 23 3. For an application as Third Party Administrator to be considered and continuously maintained, the insurance coverages must be provided by an insurance company with a minimum Best's Financial Size Category of IX ($250,000,000) from the current Best's Key Rating Guide. 4. For an application as Third Party Administrator to be considered and continuously maintained, the insurance coverages must be provided by an insurance company having a minimum of three (3) years experience in writing, underwriting and servicing Insurance in the State of Florida. 5. For an application as Third Party Administrator to be considered and continuously maintained, the insurance coverages must be provided by an insurance company holding a current Certificate of Authority issued by the Florida Department of Insurance. In addition, the insurance company providing coverage specifically for the surety bonds must have complied with the law and regulations of the U.S. Department of the Treasury and therefore must be included on the most current list of authorized companies. 6. For an application as Third Party Administrator to be considered and continuously maintained, a certificate of insurance shall be provided to the Department of Highway Safety & Motor Vehicles prior to selection for review or verification by the Department of Insurance. 7. Insurance coverage required under Section X of this agreement shall include a loss payable clause in favor of the Department, naming the Department as a co-insured, as it is or may be a beneficiary of the insurance coverage. XII. AMENDMENTS A. NECESSARY AMENDMENTS: The Third Party Administrator agrees to accept any amendment to any provision of this agreement, if the amendment is set forth in writing, is necessitated by a change in state or federal law and is requested by the Department. The Third Party Administrator shall execute such an amendment upon request. 19 of 23 B. OTHER AMENDMENTS: Except as otherwise provided, this agreement may be amended only by the mutual consent of the parties which is expressed in writing and is signed by a duly authorized representative of each party. No verbal representation, interpretation, or commitment by the Third Party Administrator or the Third Party Administrator's agents, Third Party Testers, or other employees or by any officer, agent, representative, or employee of the Department, either before or after the execution of this agreement, shall affect or modify any of the provisions in the agreement, unless the representatives' interpretation, commitment, or representation is expressly stated in a written amendment to this agreement, signed by a duly authorized representative of each party. XIII. NON -ASSIGNABILITY This agreement and the Third Party Administrator's certification are not assignable by the Third Party Administrator, including by subcontract, either in whole or in part. XIV. WAIVERS AND UNENFORCEABILITY A waiver by either party of any provision of this agreement shall not act as a waiver of any other provision of this agreement. If any provision of this agreement is for any reason declared invalid, illegal or unenforceable, that declaration shall not affect the remainder of the provisions of this agreement. 20 of 23 XV. CON M[JNICATIONS The Third Party Administrator and the Department designate the following to receive the written notices and communications that are desired or required under this agreement: REPRESENTING THE THIRD PARTY ADMINISTRATOR Name: Roy Sanchez Title: Director - Fleet M=t. Serv. Address 3583 S. Roosevelt Blvd. City/State: Key West, FL Telephone: 305-292-3572 Fax #: 305-292-3529 REPRESENTING THE DEPARTMENT Name: Betty J. Schweikert Title: Compliance Officer Address:1600 E.Sandpiper Cir. City/State:Pembroke Pines Fl. 33026 Telephone: 954-967-418 8_ Fax #: 954-893-5085 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date first written above. z BY: Monroe County p K b h o LL =\ NAME: Dixie M. Spehar a N `4 W J G TITLE• Mayor o' Q 0 J SIGNATURE: �t4�i� L�� as m G BY: Florida Department of Highway Safety and Motor Vehicles NAME: 21 of 23 APPROVED TEST SITES UNDER CONTRACT NUMBER AN FOR THE THIRD PARTY ADMINISTRATOR APPENDIX 22 of 23 ,- Test Site Number 2 for T�ird Party Administrator. Monroe County Board of County Commissioners Name of Organization Contract # AI7 Contract Date biteess�.. =w 3583 S. Roosevelt Blvd Mailing Address Street or P.O. B Private t - Zip Code- County Location Address if different from mailing address City Zip de County Telephone Number 305-292-3572 Number 305-292-3529 For the Third Party Administrator Roy Sanchez, Director - F et Management Services Print name and title For the Department of Highway Safet and Moto Vehicles V 'Ur Se Print name ( Approved Testing Activities /at Site: CDL Tests CDL /eLicensing A CDL Skills, Class B and C Standard VTests (all applicants) KnowlE/D Driving Classes E/D Date Date by DHSMV Monitor: Monitor for Zone 0/ 23 of 23