#126 AUTHORIZATION AGREEMENT FINAL .PDF

ARIZONA DEPARTMENT OF TRANSPORTATION
MOTOR VEHICLE DIVISION
THIRD PARTY COMMERCIAL DRIVER LICENSE EXAMINATION PROGRAM
AUTHORIZATION AGREEMENT
Name of Applicant: Maricopa County Risk Management
Business Address: 2919 W. Durango Street
Phoenix, AZ, 85009
Mailing Address: 222 N. Central Ave., Suite 110
Phoenix , AZ 85004
Telephone Number: (602)723-7061
The Provider (as defined below) hereby requests the written authorization of the Department to perform
Commercial Driver License Examinations in accordance with Arizona Revised Statutes (A.R.S.) §§ 28-5100 - 5111.
The specific activities that the Provider is hereby authorized to conduct are further described in the attached
Addendum, which shall be considered a part of this Agreement between the Provider and the Department and is
fully incorporated by reference into this Agreement. If the Provider (or a person acting on its behalf) conducts
any Third Party activities beyond those specifically authorized by the Department, or uses the information
obtained by virtue of its status as a Provider in an unauthorized or unlawful manner, the Department reserves
the right, in its sole discretion, to initiate corrective action against the Provider under the provisions of Arizona
Administrative Code (A.A.C.) R 17-7-206. The Provider may be subject to suspension or cancellation under
A.A.C. R 17-7-207 and A.R.S. § 28-5108, including the summary suspension provisions of that section and of
A.R.S. § 41-1064, as applicable.
Now, therefore, in consideration of the covenants contained herein, the Department and the Provider do hereby
mutually agree to the following definitions, terms and conditions:
1 DEFINITIONS
1.1 “Accountable inventory” means an item that is reproduced by the Department in a consecutively
numbered series for:
a. Recording the number of a completed, issued, or voided items in a log, and
b. Reporting the number of a completed, issued, or voided item to the Division Department.
1.2 “AAMVA” means: the American Association of Motor Vehicle Administrators, the owners of the
Commercial Driver License Examination materials.
1.3 “Agreement” means: the Third Party Commercial Driver License Examination Program Authorization
Agreement.
1.4 “Certified Individual” means: an individual who is certified by the Department under A.R.S. Title 28,
Chapter 13 to perform specified activities for an authorized third party as its employee or contractor.
1.5 “Commercial Driver License (CDL)” means: a license that is issued to an individual and that authorizes
the individual to operate a class of commercial motor vehicles.
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1.6 “Commercial Driver License Examination (CDLE)” means: the function of administering Commercial
Driver License examinations.
1.7 “Commercial Skills Test Information Management System” (CSTIMS) means: an AAMVA sponsored web-
based system for scheduling and reporting Commercial Driver License examinations.
1.8 “Compliance Standards” means: Compliance with applicable Federal and State Laws, Rules, Policies,
Directives and the testing procedures outlined in the Department’s Commercial Driver License Examiner
Manual.
1.9 "Confidential information" means:
a. Viewed or printed information resulting from or related to the access provided under this
agreement;
b. Viewed or printed information contained in both the AAMVA and the Department’s CDL
examiner manual, except the instructions to the applicant;
c. The computer software and accompanying documentation (i.e., operating systems, dial-up
manuals, etc.) provided by the Department, its agents, vendors or other contractors;
1.10 “Connectivity” means: to make and/or maintain a computer connection with the Department or
AAMVA for the purpose of performing the activities authorized under this Agreement.
1.11 “Department” means: the Arizona Department of Transportation, including the Motor Vehicle Division.
1.12 “Examiner” or “Commercial driver license examiner” means: an individual certified by the Department
to administer the class A, B, or C driver license skills test.
1.13 “Governmental Agency” means:
a. Any federal department or agency;
b. Indian tribes;
c. Any board, commission, department or other administrative unit of this state established by the
Constitution of Arizona or by enactment of the legislature and includes the legislature, the courts and
the governor;
d. Any county and any board, commission, department or other administrative unit of the county;
e. Any city or town and any board, commission, department or other administrative unit of the city
or town; or
f. A political subdivision of this state.
1.14 “Open to the Public” means: a designation for any provider who offers CDL testing to the general public
including the use of the testing area, vehicle or examiner whether the premises are publicly or privately owned
and whether or not a fee is charged for the examination or use of the premises. “Open to the Public”
designation does not include governmental agencies that have an agreement, either formal or informal with
another governmental agency to administer the Commercial Driver License examination.
1.15 “Personal information” means: information that identifies an individual, including but not limited to, an
individual’s photograph, social security number, driver identification number, name, address (but not the 5-digit
zip code), telephone number, and medical or disability information.
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1.16 “Provider” means: the entity identified and referred to in Section I of the Addendum to this Third Party
Authorization Agreement.
1.17 "Program" means: the Commercial Driver License Examination Program of the Department.
1.18 “Secure location” means: a pre-approved restricted area designated specifically for certified individuals
or uncertified individuals who pass the criminal records check, to access the Department’s application(s)
pursuant to this Agreement.
2 NON-EXCLUSIVITY
2.1 This Agreement shall not preclude the Department from entering into the same or similar Third Party
Authorization Agreement with other entities, including those performing identical or similar functions as
the Provider, as well as those providing identical or similar functions within close geographic proximity
to any one or more of the Provider’s business locations, whether principal or branch locations.
3 NON-ASSIGNABILITY
3.1 Neither this Third Party Authorization Agreement nor any individual Third Party certification is
assignable, delegable, transferable or alienable to any other person or entity, in whole or in part,
without the express written consent of the Department. The death of any authorized Third Party
Provider or holder of a Third Party certification immediately terminates such authorization or
certification, without recourse for the heirs or legatees of the deceased.
4 AMENDMENT AND MODIFICATION OF AGREEMENT
4.1 The Provider shall accept any amendment or modification of this Agreement for reasonable cause, if set
forth in writing and deemed necessary by the Department. The Provider may submit a written request
to the Department if there are any changes it desires be made to the written Authorization Agreement,
and such a request may be approved or denied at the Department’s sole discretion.
4.2 Upon the amendment of any applicable law, rule or regulation, this Agreement shall automatically be
modified to reflect such lawful amendment. Any resulting modification of terms shall be incorporated
herein and shall then be subject to all other provisions of this Agreement.
5.0 WAIVER AND SEVERABILITY
5.1 A waiver of any provision of this Agreement shall not act as a waiver of any other provision of this
Agreement. If a provision is for any reason declared invalid, illegal, or unenforceable, that declaration
shall not affect the remainder of the provisions of this Agreement.
6 DURATION OF AGREEMENT
6.1 This Agreement (which supersedes any previous agreement that may have been entered into between
the parties) shall commence upon approval by the Motor Vehicle Division Director and execution by
both parties. It shall thereafter continue in effect for a term of three (3) or fewer years, unless
terminated or canceled as provided herein. Upon expiration of this period, the parties may mutually
agree to extend the term of the Agreement for three or fewer years by entering into a “Joint Letter of
Renewal.”
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6.2 The Department may, in its sole discretion, elect to unilaterally extend the duration of this Agreement
for an additional thirty-one (31) days beyond the above-referenced expiration date.
7 TERMINATION
7.1 Either party may terminate this Agreement for cause or convenience upon thirty (30) days prior written
notice to the other party. It is the Department’s exclusive right to determine the size, scope and length
of continued operation of its Authorized Third Party Provider Program.
7.2 This Agreement is also subject to cancellation by the Governor of Arizona pursuant to A.R.S.
§ 38-511.
7.3 On termination of its Third Party Commercial Driver License Examination Authorization Agreement,
whether voluntary or involuntary, the Provider shall promptly surrender the following to the
Department:
a. All accountable inventory;
b. All certificates of authorizations, and certifications;
c. All copies of completed certified examiner reports; and
d. All records of driver license evaluations.
7.4 Upon any termination or expiration of this Agreement, the Provider shall, at the Department’s request,
remove and deliver to the Department all Third Party-related information on any electronic storage
devices and shall immediately return all other data and information received in connection herewith
(including, but not limited to, all credential inventory logs, forms, data processing copies, reconciliation
documents, and supplies acquired throughout this Agreement) to the Department.
7.5 The Provider shall also provide the Department with a list of any unprocessed or incomplete
examinations existing at the time of termination or expiration, a description of what is required to
complete each pending examination, and all associated original paperwork and supporting
documentation.
8 NON-DISCRIMINATION
8.1 The Provider shall comply with all applicable Federal, State and local laws regarding discrimination,
including those set forth in this Agreement.
8.2 Title VI of the Civil Rights Act of 1964
The Provider and officers, principals, employees and contractors shall fully comply with Title VI of the
Civil Rights Act of 1964 (“Title VI”), and all Federal and State statutes, executive orders and
implementing regulations relating to nondiscrimination in providing any service or performing any
activity authorized under this Agreement.
A. The Provider, while offering, providing or advertising services or performing an activity under this
Agreement, shall not:
1) Discriminate on the basis of race, color, national origin, age, sex, or disability;
2) Deny individuals or groups any service or benefit of the functions that the Provider has
undertaken to perform under this Agreement;
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3) Exclude individuals or groups from participation in or receipt of any of the services that the
Provider has undertaken to perform under this Agreement;
4) Provide services or benefits to individuals or groups in a manner or with accessibility inferior to
those provided to other persons;
5) Segregate or disparately treat individuals or groups in any manner related to the receipt or
availability of, or the fee charged for, any service, function or benefit that the Provider has
undertaken to perform under this Agreement.
B. The Provider, while offering, providing or advertising services or performing an activity under this
Agreement, shall:
1) Unless prohibited by State or Federal law, take reasonable steps to ensure that Limited English
Proficient (non-English speaking) customers have meaningful access to the services or activities
performed under this Agreement by providing the Provider’s services in languages other than
English at no additional cost to the customer;
2) Provide public notification of its compliance with Title VI by displaying the Department’s Title VI
“Notice to the Public” poster;
3) Promptly report any customer complaints alleging discrimination to the Department’s Civil
Rights office for processing and investigation, immediately upon receipt of such complaint(s);
4) Provide access to its facilities, books, records, accounts, and other sources of information as
may be determined or requested by the Department to be pertinent, in order to ascertain
compliance with Title VI;
5) Inform and formally train all Provider officers, principals, employees and contractors on the
requirements to comply with Title VI.
8.3 Title II of the Americans with Disabilities Act of 1990
The Provider and officers, principals, employees and contractors shall fully comply with Title II of the
Americans with Disabilities Act (“ADA”) of 1990 (Title 28 Code of Federal Regulations, Part 35-
Nondiscrimination On the Basis of Disability in State and Local Government Services), which states that a
public entity, in providing any aid, benefit or service, may not, directly or through contractual, licensing,
or other arrangements, discriminate on the basis of an individual’s disability.
A. In the course of providing services and/or performing any activity or function under this Agreement,
the Provider shall not:
1) Deny a qualified individual with a disability the opportunity to participate in, receive or benefit
from the aid, benefit, or service being provided by the Provider on behalf of the Department;
2) Provide to an individual with a disability any aid, instruction, guide, benefit, or service that is not
as effective in affording equal opportunity to obtain the same result, to gain the same benefit or
level of service, or to reach the same level of achievement as that provided to other persons;
3) Impose a surcharge or charge an additional or higher fee of any kind to an individual with a
disability or any group of individuals with disabilities to cover the costs of measures, such as the
provision of auxiliary aids or program accessibility, that are required to provide that individual or
group with the nondiscriminatory treatment required by the ADA;
4) Limit an individual with a disability in the enjoyment of any right, privilege, advantage, or
opportunity enjoyed by others receiving the aid, benefit, or services being provided by the
Provider on behalf of the Department;
5) Discriminate against any individual because that individual has opposed any act or practice
made unlawful by Title II of the American with Disabilities Act of 1990, or because that individual
made a complaint, charge, testified, assisted, or participated in any manner in an investigation,
proceeding, or hearing under the ADA;
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6) Coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of any
right granted or protected by the ADA.
B. In the course of providing services and/or performing any activity or function under this Agreement,
the Provider shall:
1) Afford individuals with disabilities an opportunity to participate in or benefit from the aid,
benefit, instruction or services being provided by the Provider on behalf of the Department;
2) Make reasonable modifications in its policies, practices, or procedures when such modifications
are necessary to avoid discrimination on the basis of disability;
3) Make each of its existing facilities accessible to and usable by individuals with disabilities;
4) Maintain in operable working condition those features of its facilities and equipment that are
required for the Provider’s services to be readily accessible to and usable by persons with
disabilities;
5) Furnish appropriate auxiliary aids and services where necessary to afford to individuals with
disabilities an equal opportunity to participate in, and enjoy the benefits of, a service, program,
or activity conducted by the Provider on behalf of the Department.
6) Provide signage at all inaccessible entrances to each of its facilities, directing users to an
accessible entrance or to the nearest location at which they can obtain information about
accessible facilities. The international symbol for accessibility shall be used at each accessible
entrance of a the Provider’s facilities;
7) Provide parking spaces for persons with disabilities at the Provider’s place of business in
compliance with applicable city or county ordinances, or federal and state laws governing
requirements for accessible parking;
8) Promptly report any customer complaints alleging discrimination or the failure to timely or
appropriately provide reasonable accommodation(s) for persons with disabilities to the
Department’s Civil Rights office for processing and investigation of the complaint, immediately
upon receipt of such complaint(s);
9) Promptly provide access to its facilities, books, records, accounts, and other sources of
information as may be determined or requested by the Department to be pertinent, to ascertain
compliance with the ADA;
10) Provide public notification of its compliance with the ADA by displaying ADOT ‘s ADA “Notice to
the Public” poster as soon as such poster is available and disseminated to the Provider by the
Department;
11) Inform and formally train all Provider officers, principals, employees and contractors on the
requirements to comply with the ADA.
9 GENERAL INSURANCE REQUIREMENTS
9.1 The insurance requirements herein are minimum requirements and in no way limit the indemnity
covenants contained in the Intergovernmental Agreement. The State of Arizona in no way warrants that
the minimum limits contained herein are sufficient to protect the governmental entity or Contractor
from liabilities that might arise out of the performance of the work under this Contract by the
Contractor, his agents, representatives, employees or subcontractors, and Contractor and the
governmental entity are free to purchase additional insurance
9.4 INDEMNIFICATION CLAUSE AND COVERAGE REQUIREMENTS
Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as
"indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including
reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent
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performance of this Agreement, but only to the extent that such claims which result in
vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct,
or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
In addition, should Maricopa County Risk Management utilize a contractor(s) and subcontractor(s)
the indemnification clause between Maricopa County Risk Management and its contractor(s) and
subcontractor(s) shall include the following:
Contractor shall defend, indemnify, and hold harmless the State of Arizona, any jurisdiction or
agency issuing any permits for any work arising out of this Agreement, and their respective
directors, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”)
from and against any and all claims, actions, liabilities, damages, losses, or expenses (including
court costs, attorneys’ fees, and costs of claim processing, investigation and litigation)
(hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or
loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or
in part, by the negligent or willful acts or omissions of Maricopa County Risk Management’s
contractor or any of the directors, officers, agents, or employees or subcontractors of such
contractor. This indemnity includes any claim or amount arising out of or recovered under the
Workers’ Compensation Law or arising out of the failure of such contractor to conform to any
federal, state or local law, statute, ordinance, rule, regulation or court decree. It is the specific
intention of the parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by such
contractor from and against any and all claims. It is agreed that such contractor will be
responsible for primary loss investigation, defense and judgment costs where this
indemnification is applicable.
B. Insurance Requirements for Any Contractors Used by a Party to the Agreement:
(Note: this applies only to Contractors used by a governmental entity, not to the governmental entity
itself.) The insurance requirements herein are minimum requirements and in no way limit the
indemnity covenants contained in the Intergovernmental Agreement. The State of Arizona in no way
warrants that the minimum limits contained herein are sufficient to protect the governmental entity or
Contractor from liabilities that might arise out of the performance of the work under this Contract by
the Contractor, his agents, representatives, employees or subcontractors, and Contractor and the
governmental entity are free to purchase additional insurance
1. MINIMUM SCOPE AND LIMITS OF INSURANCE
The Provider shall purchase and maintain coverage with limits of liability not less than those stated
below:
a. Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, personal and advertising injury and broad
form contractual liability coverage.
General Aggregate $2,000,000
Products – Completed Operations Aggregate $1,000,000
Personal and Advertising Injury $1,000,000
Blanket Contractual Liability – Written and Oral $1,000,000
Damage to Rented Premises $ 50,000
Each Occurrence $1,000,000
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1) The policy shall be endorsed to include the following additional insured language: “The
State of Arizona, the Department and its officers, officials, agents, and employees shall
be named as additional insureds with respect to liability arising out of the activities
performed by or on behalf of [the Provider].” Such additional insureds shall be covered
to the full limits of liability purchased by the Provider, even if those limits of liability are
in excess of those required by this Agreement.
2) The policy shall contain a waiver of subrogation endorsement in favor of the State of
Arizona, the Department and its officers, officials, agents, and employees for losses
arising from work performed by or on behalf of the Provider.
b. Automobile Liability
Bodily Injury and Property Damage for any owned, hired, and/or non-owned vehicles
used in the performance of this Agreement.
Combined Single Limit (CSL) $1,000,000
1) The policy shall be endorsed to include the following additional insured
language: “The State of Arizona, the Department and its officers, officials,
agents, and employees shall be named as additional insured’s with respect to
liability arising out of the activities performed by or on behalf of the Provider,
involving automobiles owned, leased, hired or borrowed by the Provider.” Such
additional insureds shall be covered to the full limits of liability purchased by
the Provider, even if those limits of liability are in excess of those required by
this Agreement.
2) Policy shall contain a waiver of subrogation endorsement in favor of the State of
Arizona, the Department and its officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the Provider.
3) Policy shall contain a severability of interest provision.
c. Workers’ Compensation and Employers' Liability
Workers' Compensation Statutory
Employers' Liability
Each Accident $1,000,000
Disease – Each Employee $1,000,000
Disease – Policy Limit $1,000,000
1) Policy shall contain a waiver of subrogation endorsement in favor of the State of
Arizona, the Department and its officers, officials, agents, and employees for
losses arising from work performed by or on behalf of the Provider.
2) This requirement shall not apply to: Separately, each contractor or
subcontractor exempt under A.R.S. § 23-901, and when such contractor or
subcontractor executes the appropriate waiver (Sole Proprietor/Independent
Contractor) form.
d. ADDITIONAL INSURANCE REQUIREMENTS: The policies are to contain, or be endorsed to contain,
the following provisions:
The Contractor's policies shall stipulate that the insurance afforded the
Contractor shall be primary insurance and that any insurance carried by the
Department, its agents, officials, employees or the State of Arizona shall be excess
and not contributory insurance, as provided by A.R.S § 41-621 (E).
The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
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insurer's liability. Coverage provided by the Contractor shall not be limited to the
liability assumed under the indemnification provisions of its Contract with the other
governmental entity(ies) party to the agreement
C. NOTICE OF CANCELLATION
With the exception of ten (10) day notice of cancellation for non-payment of premium, any changes
material to compliance with this Agreement in the insurance policies above shall require (30) days
written notice to the Department. Such notice shall be sent directly to the Department and shall be
sent by certified mail, return receipt requested.
D. ACCEPTABILITY OF INSURERS
The Provider’s insurance shall be with companies duly licensed in the State of Arizona or which
hold approved non-admitted status on the Arizona Department of Insurance List of Qualified
Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII and be duly
authorized to transact Workers’ Compensation insurance in the State of Arizona. The State of
Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect
the Provider from potential insurer insolvency.
E. VERIFICATION OF COVERAGE
The Provider shall furnish the Department with certificates of insurance (ACORD form or equivalent
approved by the State of Arizona) as required by this Agreement. The certificates for each
insurance policy are to be signed by an authorized representative of the insurer.
All certificates and endorsements are to be received and approved by the Department before work
commences under this Agreement. Each insurance policy required by this agreement must be in
effect at or prior to commencement of work under this Agreement and remain in effect for the
duration of the agreed Third Party authorization term. Failure to maintain the insurance policies as
required by this Agreement, or to provide evidence of timely renewal, is a material breach of
contract.
All certificates required by this Agreement shall be sent directly to the Department to the
designated location(s) and/or person(s). The State of Arizona Third Party authorization description
shall be noted on the certificate of insurance. The Department reserves the right to require
complete, certified copies of all insurance policies required by this Agreement at any time.
F. SUBCONTRACTORS
The Provider’s certificate(s) shall include all subcontractors as insureds under its policies, or
Provider shall furnish to the Department separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to the minimum requirements
identified above.
G. APPROVAL
Any modification or variation from the insurance requirements in this Agreement shall be made by
the Department in consultation with the Arizona Department of Administration, Risk Management
Division. Such modification or variation shall not require a formal contract amendment, but may
be made by administrative action.
H. EXCEPTIONS
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If the Provider or sub-contractor(s) is/are a State of Arizona agency, board, commission, or
university, none of the above shall apply. Such a public entity shall instead provide a Certificate of
Self Insurance to the Department.
9.5 A failure on the part of the Provider to meet the above requirements shall constitute a material breach
of contract, upon which the Department may immediately terminate this Agreement. Any costs
incurred by the Provider for coverages broader than those required, or for limits in excess of those
required, shall not be charged to the State of Arizona or the Department.
10 BOND
10.1 In accordance with A.R.S. § 28-5104, the Provider, if applicable shall submit an acceptable form of bond
to the Department in an amount of at least one hundred thousand dollars ($100,000). The bond shall be
executed by a surety company authorized to transact business in this state, and shall list the Provider as
principal obligor and the State of Arizona as obligee.
10.2 If the provider claims a bond exemption under A.R.S. § 28-5104, the provider must provide satisfactory
proof to the Department of the exemption. No proof is necessary if the provider is one of the following:
1. A State of Arizona court
2. A State Agency, Department, Board or a political subdivision of Arizona
3. An Arizona law enforcement agency or department,
4. A financial institution or enterprise under the jurisdiction of the Department of Financial
Institutions or a federal monetary authority.
5. The federal government or any of its agencies
6. An insurer under the jurisdiction of the Department of insurance
7. A tribal government
8. A public utility
10.3 A Provider exempted under paragraph 10.2 is responsible for all costs associated with all retesting of
applicants due to examination fraud as determined by the Department.
11 COMPLIANCE
11.1 The relationship between the Department and the Provider is that of client and independent contractor.
No Provider or any of its owners, officers, directors, agents, employees or subcontractors shall be
deemed to be an agent or employee of the Department, or the State of Arizona, for any reason or
purpose. The Provider is an independent business entity solely responsible for its own commercial
survival. Within the parameters of this Agreement, the Provider is responsible for the control of its daily
business affairs and the manner and means by which its business is transacted and the services provided
to its customers. Therefore, the Provider will be solely and entirely responsible for its acts and
omissions, and the acts and omissions of its agents, contractors, subcontractors or employees
throughout the duration of this Agreement.
11.2 The Provider shall establish and maintain an adequate system of supervision and internal management
controls which will ensure, to the greatest degree possible, an early identification of any issues and
problems related to the performance of its office, training or other staff. The Provider will provide a
copy of this contract and all subsequent contracts to the Provider’s Certified individuals.
11.3 A.R.S. §§ 28-5108, 41-1064(C), A.A.C. R17-7-304, R17-7-305, and R17-7-206 authorize the Department to
issue a Corrective Action to a provider, examiner, or certified individual if it fails to follow the law,
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Department policy, or the terms of this Agreement, including any addendum. Depending on the severity
and the totality of the circumstances, the Department may:
1. Issue a Notice of Non-compliance;
2. Place the provider, examiner and/or certified individual on probation;
3. Require the provider, examiner and/or certified individual to attend one or more retraining
sessions. The retraining must be completed within thirty days unless the provider, examiner,
and/or certified individual receives a written extension from the Department;
4. Suspend the provider, examiner and/or certified individual’s certification; or,
5. Cancel the provider, examiner and/or certified individual’s certification.
11.4 Serious violation(s) that threaten the public safety or welfare shall result in the immediate suspension or
cancelation of an authorization or certification. Serious violations include but are not limited to fraud in
the application, testing, or reporting process, improper testing, failure to follow safety regulations, and
improper use or disclosure of personal information in violation of A.R.S. § 28-455.
11.5 The Provider shall ensure that all examinations are conducted in accordance with Department policies,
guidelines, rules, standards and the most current Arizona Commercial Driver License Examiner Manual.
The Provider shall not conduct any examination nor change an approved road skills examination route
or test track without obtaining prior written approval from the Department.
11.6 The Provider shall inform customers that they may also be tested by the Department or their State of
Domicile, even if they have passed the required skills examinations administered by the Provider.
11.7 The Provider also shall inform all customers that the CDL Demonstration Test Scoresheet may be used to
waive the required CDL Skills test, if submitted with an application for an Arizona driver license or
endorsement to the Department within thirty (30) days of the completion date.
11.8 Pursuant to applicable law, the Department may suspend or cancel this Agreement if:
a. The Provider or examiner materially fails to comply with the provisions of A.R.S. Title 28 Chapter 13,
Arizona Administrative Code R17-7-206, and any applicable federal statutes and regulations.
b. The Provider’s application for Third Party Provider Authorization or examiner’s application for Third
Party Certification is found to contain any material or substantial misstatements of fact or
misrepresentations.
11.9 Except as specified in A.R.S 28-5108 D, upon determining that grounds for suspension or cancellation of
a current authorization or certification exist, the Department shall give written notice to the Provider
and/or Certified Commercial Driver License Examiner in writing, and by such notice, shall require them
to appear at a specified time and place for an administrative hearing, then and there to show cause why
the authorization or certification should not be suspended or cancelled.
11.10 Each suspended or cancelled certificate shall be promptly surrendered to the Department.
11.11 When the Department has reasonable cause to believe that the Provider, an employee of the Provider,
or a Certified Commercial Driver License Examiner has violated or is violating a state or federal law or
rule, the Department may, pursuant to A.R.S. § 28-5109, immediately issue and serve the Provider
and/or examiner, by personal delivery, or first class mail at the principal place of business, a Cease and
Desist Order requiring the Provider and/or examiner to immediately cease and desist from further
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testing.
11.12 The Provider shall submit by the fifth day of each month, a monthly reconciliation report to include all
documents as prescribed by the Department.
11.13 The Provider shall ensure that the documents submitted by the fifth day of each month shall not contain
omitted information or contain alterations.
11.14 The Provider shall submit a schedule of all CDL skills testing appointments electronically using CSTIMS no
later than two business days prior to each test or retest.
11.15 Within two days of each test administered, the Provider shall electronically submit all test results using
CSTIMS.
11.16 The Provider may not disclose any confidential and propriety information, unless otherwise required by
law, without written permission of the Department or AAMVA.
11.17 Government agencies and political subdivisions that are providers may only test their own employees or
those employees of other governmental agencies and political subdivisions.
11.18 The public and all uncertified Provider personnel who have not completed a criminal records check shall
be denied access to the designated secure location.
12 RECORDS
12.1 The Provider shall retain in a secure location at the principal place of business all books, papers, data,
and accounting records kept manually or electronically relating to this Agreement for a period of three
(3) years. The Provider understands and agrees that the ownership of all records relating to this
Agreement resides exclusively with the Department.
12.2 In addition to the documents identified in 12.1, the Provider shall retain in a secure location at its
principal place of business for a period of three (3) years, copies of the following records:
1. A copy of the State certificate authorizing the Provider to administer a CDL skills testing
program for the classes and types of commercial motor vehicles listed;
2. A copy of each Examiner's State certificate certifying that the third party examiner is qualified
to administer CDL skills tests for the classes and types of commercial motor vehicles listed;
3. A copy of the current Agreement;
4. A copy of each completed “CDL Demonstration Test Scoresheet” with a copy of the entire CDL
permit application, driver license, and CDL permit, for the individual examined. These
documents are to be retained for three (3) years;
5. A copy of the Providers State-approved road test route(s);
6. A copy of each Examiner's training record.
12.3 This information shall be available at any time during audits or inspections by the Department, any law
enforcement agency, or the Federal Motor Carrier Safety Administration or its representatives.
12.4 On the request of the Department, the Provider shall produce and deliver to the Department the
records listed in subsection 12.1, and 12.2.
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13 SECURITY
13.1 The Provider shall provide a secure location in which to maintain all accountable inventories, including
CDL Demonstration Test Scoresheets and all forms used to track and account for each activity the
Provider is authorized by the Department to perform. The documents include but are not limited to,
copies of all applications, demonstration examinations performed, and CDL Demonstration Test
Scoresheets (with the name and certification number of the individual examiner), as well as all records
documenting receipt of fees. All Provider’s copies of issued accountable forms shall be held for a period
of three years. Stocks of unused accountable forms shall be retained until used, or returned to the
Department on request.
14 DATA PRIVACY
14.1 The Provider shall not utilize its connectivity with the Department for any purpose other than the
activities specified in this Agreement.
14.2 The Provider understands that both the manner in which the Department may release information to
the Provider, and the manner in which the Provider may access, utilize and/or release such information
to the public are regulated by the Federal Driver’s Privacy Protection Act (DPPA), 18 United States Code
(U.S.C.) §§ 2721-2725, as well as A.R.S. Title 28, Chapter 2, Article 5. It is the responsibility of the
Provider, and any certified individual acting on the Provider’s behalf, to gain and keep current
knowledge of all laws and applicable Department policies and procedures which govern access to and
use of the Department’s records and data.
14.3 Anyone who knowingly obtains, uses, or otherwise discloses personal information from a Department
record for a use not permitted under 18 U.S.C. § 2721, and anyone requesting the disclosure of personal
information who misrepresents their identity or makes a false statement in connection thereto, with the
intent to obtain such information in a manner not authorized by law, is subject to civil and/or criminal
penalties. A violation of the DPPA or any other applicable federal or state law on the part of the
Provider or any person acting on its behalf may constitute cause for the immediate termination of this
Agreement in accordance with the provisions of A.R.S. § 28-5108, including the summary suspension
provisions of that section and of A.R.S. § 41-1064, as applicable.
14.4 Both during the term of this Authorization Agreement and subsequent to any termination thereof,
neither the Provider nor its current or former agents, employees, officers, contractors, and
representatives may, without the prior written approval of the Department, disclose, distribute, or
utilize any statutorily-protected confidential or statutorily-defined personal information which is
connected to or otherwise associated with the subject matter of this Agreement.
15 LOCATION OF ACTIVITIES
15.1 Each Provider location must be used exclusively for activities authorized by the Department and shall
meet all requirements of state law, local ordinances and the accessibility requirements of the Americans
with Disabilities Act of 1990 (ADA) [42 U.S.C. §§ 12101 et seq.], as further set forth in Section 8.2, and
Section 8.3. The Department may require proof of compliance with local zoning ordinances.
15.2 Every Provider designated as “Open to the Public” providing Department-authorized activities must post
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its office hours in a conspicuous place clearly visible to the public within that location and be open to the
public during such posted hours. In the absence of a certified individual on premises, the person left in
charge of the office at each Provider location must have passed a criminal records check, must be
trained, available and capable of giving pertinent information to the public concerning CDL testing and
customer accounts, and to give information to any representative of the Department or its agents, or to
any law enforcement agency. Post a conspicuously-located sign in each of the Provider’s locations that
informs customers how to file a complaint or concern with the Department.
15.3 The Provider shall not engage the services of any current employee of the Department as a trainer agent
or employee.
15.4 A provider, examiner, certified individual or any of their agents and/or employees may not solicit
business at another third party provider’s location including the parking lots of those locations, unless it
receives written permission from the Department.
16 EQUIPMENT
16.1 The Provider shall obtain computer equipment and software that is compatible with both the
Department’s and AAMVA’s website, and will ensure the ability to securely access, upload, and transmit
data as described in this Agreement. The Provider is solely responsible for the purchase, maintenance,
and repair of any and all computer equipment and/or data connections used at each location.
16.2 The Provider shall ensure each Examiner has the most current copy of the Arizona CDL Examiner
Manual. Failure to supply the most current copy of the examiner manual shall result in the immediate
suspension of the Provider’s authorization. Suspension will continue until all examiners are provided
with the most current copy of the Arizona CDL Examiner Manual.
17 NOTIFICATION
17.1 The Provider shall assign a certified contact person for problem resolution and notification of procedural
changes, and this person must keep the Department informed in writing of his or her current home
address and a phone number where he or she may be contacted in the event of an emergency, including
an after-hours emergency.
17.2 All notices or demands unless required by law, shall be in writing and shall be delivered in person, or
sent by first class mail addressed as follows:
Arizona Department of Transportation
Motor Vehicle Division Maricopa County Risk Management
Commercial Driver License Examination Unit
1801 W. Jefferson Street 2919 W. Durango St.
P.O. Box 2100, Mail Drop545M 222 N Central Ave. #1110
Phoenix, Arizona 85001 Phoenix, AZ. 85004
Email CDLE2@azdot.gov Email: tomcarroll@mail.maricopa.gov
Fax: (602) 712-3172 Fax: (602) 542-6496
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17.3 The Provider shall obtain written approval from the Department prior to making any change to its hours
of operation. A change to the Provider’s hours of operation without prior written approval from the
Department constitutes grounds for corrective action against the Provider.
17.4 The Provider shall notify the Department of any office break-in, theft or loss of equipment or documents
related to this Agreement as soon as the break-in, theft or loss is discovered. The Provider shall employ
(and pay for) any additional security measures as prescribed by the Department.
17.5 The Provider shall immediately notify the Department if it has reason to believe that a certified
individual, director, stockholder who owns twenty per cent or more of the entity, partner, officer, or
office management has acted in violation of the law and the terms of this Authorization Agreement,
including but not limited to a suspected misuse of records or information on the part of such persons.
17.6 The Provider shall notify the Department in writing of any proposed office closing at least ten (10)
calendar days in advance of such planned closing. In the event the Provider has ceased business
operations without providing the requisite 10-day notice, and the owner(s) cannot be located, the
Provider hereby authorizes its designated contact person to provide the Department with access to the
Provider’s Third Party office(s) for purposes of conducting a “close-out” inventory of the premises and
retrieving all logs, forms, data processing copies, reconciliation documents, supplies and other the
Department-owned records contained therein. If the designated contact person is unable or unwilling
to facilitate such access, the Provider hereby consents to the use of any legal means necessary for the
Department to gain entry into its business location(s) and further agrees to pay the reasonable costs to
the Department for obtaining legal process and/or executing on same to enter the premises.
18 CHANGES IN OWNERSHIP/NAME/ADDRESS
Ownership Change:
18.1 At least thirty (30) calendar days prior to any sale, merger, or transfer of the Provider’s business name,
stock, shares, partnership interests, other business equity or business assets, the incumbent Provider
shall deliver written notification thereof to the Department. The prospective owner(s) must meet all of
the eligibility criteria necessary to obtain the Department’s written approval pursuant to A.R.S. § 28-
5101.03. If the proposed change in ownership is approved by the Department, a new Third Party
Authorization Agreement shall be signed between the new Provider and the Department before the
services can be commenced under or by the new ownership or business entity.
18.2 Should a change in ownership of the Provider occur; the new owner(s) shall assume all responsibility for
resolving any pending issues affecting the Provider’s ongoing Authorized Third Party Provider status with
the Department.
18.3 Should a structural change of the Provider’s business organization occur, such as a change from sole
proprietorship to a corporation, partnership, etc., the incumbent Provider is required to submit a new
application for Third Party authorization to the Department, as well as all documentation which may be
requested by the Department, within thirty (30) calendar days of the change.
18.4 When adding a partner, examiner, or stockholder who owns or will own 20% or more of the equity of
the Provider’s business entity, who was not included on a prior application, the Provider shall fully
comply with A.A.C. R 17-7-301 in order to receive new certification of the individual(s) being added, and
shall notify the Department in writing within thirty (30) calendar days of any addition of personnel or
similar change.
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Name Change:
18.5 The requirements for requesting a name change for a Commercial Driver License Examination Provider
are as follows:
a. A request for a name change that does not otherwise alter the business organizational structure of
the Provider, shall be made in writing on a form prescribed by the Department and shall be filed
with the Department at least thirty (30) calendar days before the effective date of the name change.
b. Any subsequent change to a pending application for Third Party authorization on file with the
Department, that does not affect the prospective Provider’s name or business organizational
structure (e.g. address, phone number, business hours, contact person, etc.), shall be submitted in
writing within ten (10) working days of such change.
18.6 The following types of name change requests shall not be submitted by the Provider (as they will not be
considered by the Department):
a. Any name change which the Department determines could or may tend to adversely reflect on the
Department;
b. A Provider name other than the official name of the business entity; or
c. Adoption or incorporation of a word, name, or acronym into the Provider’s name which violates the
restrictions set forth in Section 4.0, Paragraphs 4.1 through 4.3 of this Agreement.
18.7 All name change requests must be submitted on a form prescribed by the Department with all of the
following information provided:
a. An indication of each Commercial Driver License examination provider activity such as: Class A
Truck, Coach Transit Bus, or School Bus;
b. As applicable, a current copy of the Provider’s Articles of Incorporation filed with the Arizona
Corporation Commission (ACC); a copy of the minutes filed with the ACC from the most recent
board of directors meeting; a copy of the Articles of Organization filed with the ACC; a copy of a
valid partnership filing and official acknowledgement or other certificate of existence or trade name
certificate or similar certification or authorization to do business in this state, issued by the Arizona
Secretary of State.
Address Change:
18.8 The Provider shall notify the Department at least thirty (30) calendar days prior to a potential change in
its business location. The Department’s written approval is required before a move to a new business
location may be completed. As part of this required notification, the Provider shall also provide a
written statement to the Department which includes all of the following information (if applicable):
a. A description of how the Provider plans to complete pending customer examinations during the
transition to a new site, and who will conduct them;
b. A description of how the Provider plans to notify customers of the move;
c. A description of how the Provider plans to notify customers of any delays in examinations caused by
the move, and instructions that customers will be given (if any); and
d. A disclosure of the temporary telephone and fax numbers where the Provider may be contacted
until the move is completed.
18.9 The Provider shall not conduct any examinations at the new location without first obtaining written
approval from the Department for a new test track or road skills examination route.
19 TRAINING
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19.1 The Provider will use only certified CDL Examiners who have successfully completed the Department’s
formal CDL skills test examiner training course and have been certified by the Department as a CDL skills
test examiner qualified to administer CDL skills tests.
19.2 The Provider shall comply with any and all training requirements deemed necessary by the Department
throughout the duration of this Agreement, and shall ensure that its officers, agents, subcontractors and
employees appear as scheduled for all training sessions and/or other informational meetings prescribed.
The Provider shall pay all of the costs associated with such training.
20 CERTIFIED INDIVIDUALS
20.1 The Department shall issue a certificate to the Provider for each certified individual employed or
contracted by the Provider. This certificate shall be prominently displayed in the place of business along
with the authorization to operate the business. All certificates and authorizations issued by the
Department shall be nontransferable between individual persons, between Providers, and between
business entities or organizations.
20.2 To maintain certification to perform the activities authorized hereunder, both the Provider and the
certified examiner must at all times;
a. be in good standing with the Department as defined in A.A.C. R 17-7-101;
b. all other application requirements set forth in A.A.C. R 17-7-301, 303, 603 and 604.
20.3 Certified Commercial Driver License Examiners must hold a valid Arizona driver license and all necessary
endorsements for the operation of the vehicle in which the Commercial Driver License skills tests are to
be administered. In addition to the Commercial driver notifications required in A.R.S 28-3227, the
Certified Commercial Driver License Examiner shall notify the Commercial Driver License Examination
program within ten days of any convictions in violations of a state law or local ordinance relating to
motor vehicle traffic in any state or a federal, provincial, territorial or municipal law of another country,
other than a parking violation.
20.4 A certified examiner shall not provide any commercial driver license examinations for an immediate
family member.
20.5 A Certified examiner who is also a skills instructor either as a part of a school, training program or
otherwise, is prohibited from administering a skills test to an applicant who received skills training by
that certified examiner.
20.6 All certified individuals acting on the Provider’s behalf must perform their functions in such a manner
that consistently demonstrates a satisfactory degree of knowledge, skill and competence as determined
by the Department. If a certified individual continues to process substandard work, despite his or her
previous completion of a remedial training course, that person’s certification may then be subject to
immediate termination by the Department at its sole discretion.
20.7 The Department must revoke the certification of any examiner who does not conduct skills test
examinations of at least 10 different applicants per calendar year. Exception: Examiners who do not
meet the 10-test minimum must either take the Department’s CDL refresher training or have a State
examiner ride along to observe the third party examiner successfully administer at least one skills test.
21 AUDIT AND INSPECTION
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21.1 The Provider shall permit and fully cooperate with unannounced examinations, on-site inspections and
audits of its examiners, business location(s), or any other location where records relating to this
Authorization Agreement are held, by authorized representatives of the Department, law enforcement
agencies, or the Federal Motor Carrier Safety Administration or its representatives at any time during
normal business hours. All records necessary to verify any part of the Provider’s Third Party functions,
as well as the Provider’s compliance with this Agreement, are subject to audit. The Provider shall grant
the Department, law enforcement agencies, or the Federal Motor Carrier Safety Administration or its
representatives complete and unrestricted access to such records, as well as to all Provider personnel
performing the activities authorized hereunder.
21.2 When the records are maintained at a location outside the State of Arizona, the Provider shall make the
records available at a location within Arizona designated by the Department.
21.3 If Department personnel or the Department’s representatives conduct an onsite audit outside Arizona
under A.R.S. § 28-5102(B) (3), the Department shall charge, and the Provider shall pay, for the audit per
A.A.C. R 17-7-401(B). The audit charge and payment shall equal the Arizona Department of
Administration (ADOA) reimbursement for out-of-state travel authorized by A.R.S. Title 38, Chapter 4,
Article 2 and stated in Section II-D of the Arizona Accounting Manual prepared by ADOA. Section II-D of
the Arizona Accounting Manual is available on the Arizona General Accounting Office web site at
www.gao.state.az.us.
21.4 During an onsite audit or inspection, employees or agents of the Department, law enforcement
agencies, or the Federal Motor Carrier Safety Administration or its representatives may:
a. Request, review, audit, inspect, copy or seize paper and electronic records;
b. Examine the site of any principal place of business, branch site or other location where any such
papers or records are kept or may be found or where any activities under this Agreement are or have
been conducted during current or previous periods of authorization or certification;
c. Interview the authorized Third Party Provider’s:
1) Current or former employees or subcontractors,
2) Current or former certified individuals and
3) Customers from current or previous periods of authorization or certification.
21.5 At any time the Department may and the Provider will allow:
a. State employees to covertly take the tests administered by the Provider as if the State employee
were a test applicant;
b. State employees to co-score applicants along with the examiner during CDL skills tests to compare
pass/fail results;
c. The State to re-test a sample of drivers who were examined by the Provider.
21.6 Failure to allow or to fully cooperate in an audit may result in the suspension or cancellation of the
Provider’s authorization.
22 ADVERTISING
22.1 The Provider shall not use any name other than its authorized name for advertising or publicity
purposes.
22.2 The Provider shall not refer to itself as the “MVD”, “ADOT”, “State”, “Motor Vehicle Division”, “Arizona
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Department of Transportation”, “Department of Motor Vehicles”, or the “DMV” in any printed or
electronic advertising or promotional material.
a. Advertisements may include language stating that the Provider is “authorized” or “certified” by
MVD, ADOT, or the State.
b. No advertisement shall contain false or misleading information.
22.3 No advertisement shall indicate in any way that the Provider can issue or guarantee the issuance of a
driver license in any jurisdiction, or imply that the Provider 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 or will be obtained.
23 FEDERAL IMMIGRATION COMPLIANCE
23.1 The Provider warrants compliance with all Federal immigration laws and regulations relating to its
employees and certified individuals and additionally warrants compliance with A.R.S. § 23-214,
Subsection A. This requirement also applies to any Provider contractors or subcontractors utilized to
perform the activities authorized hereunder.
23.2 Failure to comply with immigration laws and regulations shall be deemed a material breach of this
Agreement, and the Provider may be subject to penalties up to and including termination of the
Agreement.
23.3 The Department retains the legal right to inspect the employment documents of any person who
performs work under this Agreement to ensure that the Provider or its subcontractor(s) is complying
with the above-referenced immigration laws and regulations.
23.4 Failure to comply with a State audit process to randomly verify the employment records of the Provider
and any contractor or subcontractor shall be deemed a material breach of this Agreement, and the
Provider may be subject to penalties up to and including termination of the Agreement.
AGREEMENT ADMINISTRATION
Following execution of this Agreement, the Provider shall contact the Commercial Driver License Examination
Program, as identified in Paragraph 17.2, for guidance or direction in matters of Agreement interpretation, or
the resolution of any problems or disputes regarding the terms, conditions or scope of the Authorization
Agreement. Only the Department or its designated representatives are authorized to change or amend the
specific terms, conditions or provisions of this Agreement.
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PROVIDER CERTIFICATION
On behalf of the Provider identified below, I hereby request approval of this Third Party Authorization
Agreement, with the knowledge and understanding that the Provider must abide by its provisions at all times. I
certify that all of the information set forth herein by the Provider is true and accurate, and that any records or
information obtained by the Provider hereunder will be used solely for the purpose specified in this
Authorization Agreement, and for no other purpose. I further certify that I have the authority to execute this
Agreement on behalf of the Provider.
MARICOPA COUNTY, a political subdivision of the State of Arizona
BY:___________________________________________________
Steve Chucri
Chairman
Board of Supervisors
Date: ____________, 2015
ATTEST:
By: ________________________
Clerk of the Board
FOR MVD USE ONLY
Received this date __________________ Signed______________________

AUTHORIZATION
On behalf of the Arizona Department of Transportation, Motor Vehicle Division, the Third Party Provider
authorization requested by Maricopa County Risk Management pursuant to this written Authorization
Agreement is hereby approved.
DATED THIS __________________ DAY OF _____________________________, 20_______
MOTOR VEHICLE DIVISION
_____________________________________
Eric R. Jorgensen
Director, Motor Vehicle Division
Arizona Department of Transportation