HomeMy WebLinkAbout20201910.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR COMMERCIAL DRIVER'S
LICENSE (CDL) TESTING AND AUTHORIZE CHAIR TO SIGN AND ELECTRONIC
SUBMITTAL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Commercial Driver's License (CDL) Testing between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Public Works, and the Colorado Department of Revenue, Division of Motor Vehicles, commencing
July 1, 2020, and ending June 30, 2023, with further terms and conditions being as stated in said
intergovernmental agreement, and
WHEREAS, after review, the Board deems it advisable to approve said intergovernmental
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for Commercial Driver's License (CDL)
Testing between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and the Colorado
Department of Revenue, Division of Motor Vehicles, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign and submit said intergovernmental agreement electronically.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of June, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dads& je,&40:el
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the Board
ounty Attorney
Date of signature: 7/o1 /20
Mike Freeman, Chair
Kevin D. Ross
CC : R cT(6c/gyp)) Pw(ER/c+1)
of/oS42.0
2020-1910
EG0078
C1-4- 373.0
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Intergovernmental CDL Testing Agreement
DEPARTMENT: Public Works
PERSON REQUESTING: Duane R. Naibauer / Ron Graves
DATE: 22 JUNE 2020
Brief description of the problem/issue: Ron Graves is currently the CDL tester for Weld County and has done
this for the last twenty years. This agreement has been used for the last nine years with a new agreement every
three years. Bob Choate has reviewed and has no concerns. Bob's e-mail is attached.
Through this Contract, the State authorizes Contractor to administer and provide Commercial Driver's License
("CDL") Testing on behalf of the State as provided in 1 CCR 204-30 Rule 7, as currently written or hereafter
amended.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
The Board may either approve or deny the agreement.
Approval will allow continued CDL testing through Public Works Department.
Without a County CDL tester, employees will be required to schedule testing elsewhere for initial licensing and
upgrades.
Recommendation: Public Works recommends approving IGA for CDL testing.
Approve
Recommendation
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
Schedule
Work Session
Other/Comments:
2020-1910
STATE OF COLORADO
INTERGOVERNMENTAL CDL TESTING AGREEMENT
COVER PAGE
State Agency
Department of Revenue
Contract Number
CMS #160266
Contractor
The Board of County Commissioners of Weld County
Agreement Performance Beginning Date
The Later of The Effective Date or July 1, 2020
Agreement Maximum Amount
No Cost Contract
Total for All State Fiscal Years $0.00
Initial Agreement Expiration Date
June 30, 2023
Authority
Authority to enter into this Contract exists in CRS §24-35-
105. Authority to certify appropriate third parties to test
and train applicants for licensing exists in CRS §42-2-I 1
1(1)(b).
Contract Purpose
Through this Contract, the State authorizes Contractor to administer and provide Commercial Driver's License ("CDL")
Testing on behalf of the State as provided in 1 CCR 204-30 Rule 7, as currently written or hereafter amended.
Exhibits and Order of Precedence
The following Exhibits and attachments are included with this Contract:
1. Exhibit A — Statement of Work
2. Exhibit B — Land Use Authorization
3. Exhibit C — Sample Option Letter
In the event of a conflict or inconsistency between this Contract and any Exhibit or attachment, such conflict or inconsistency
shall be resolved by reference to the documents in the following order of priority:
1. Colorado Special Provisions in §I8 of the main body of this Contract
2. The provisions of the other sections of the main body of this Contract
3. Exhibit A, Statement of Work
4. Exhibit B, Land Use Authorization
5. Exhibit C, Sample Option Letter
Principal Representatives
For the State: For Contractor:
Robert Baker Name
CDOR, Division of Motor Vehicles Weld County
Driver's License Administration, Rm I30 P.O. Box 758
P.O. Box 173350 Greeley, CO 80632
Denver, CO 80217-3350 rgraves@co.weld.co.us
robertm.baker@state.co.us
(303) 205-8391
DocuSign Envelope ID: 0CF91F7E-D617-44D5-A7A3-99D63638BE19
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that the signer is duly authorized to execute this
Contract and to bind the Party authorizing such signature.
CONTRACTOR
The Board of County Commissioners
of Weld County
By: 1)-LI13
Name: weld County Commissioner
Title: Chair, Commissioners
Date:
7/10/2020
By:
STATE OF COLORADO
Jared S. Polis, Governor
Department of Revenue
Lu Cordova, Executive Director
mit, V of
Mike Dixon, Director
Division of Motor Vehicles
Date:
7/10/2020
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 2 of 17
CMS #160266
TABLE OF CONTENTS
COVER PAGE 1
SIGNATURE PAGE 2
1. PARTIES 3
2. TERM AND EFFECTIVE DATE 3
3. DEFINITIONS 4
4. STATEMENT OF WORK 6
5. PAYMENTS TO CONTRACTOR 6
6. REPORTING - NOTIFICATION 6
7. CONTRACTOR RECORDS 6
8. CONFIDENTIAL INFORMATION -STATE RECORDS 7
9. CONFLICTS OF INTEREST 8
10. INSURANCE 9
11. BREACH OF CONTRACT 10
12. REMEDIES 11
13. DISPUTE RESOLUTION 12
14. NOTICES AND REPRESENTATIVES 12
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION 12
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM 13
17. GENERAL PROVISIONS 13
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) 16
EXHIBIT A - STATEMENT OF WORK
EXHIBIT B - LAND USE AUTHORIZATION
EXHIBIT C - SAMPLE OPTION LETTER
1. PARTIES
This Contract is entered into by and between Contractor named on the Cover Page for this Agreement (the
"Contractor"), and the STATE OF COLORADO acting by and through the State agency named on the
Cover Page for this Agreement (the "State"). Contractor and the State agree to the terms and conditions in
this Agreement.
2. TERM AND EFFECTIVE DATE
A. Effective Date
This Agreement shall not be valid or enforceable until the Effective Date. The State shall not be
bound by any provision of this Agreement before the Effective Date or after the expiration or sooner
termination of this Agreement
B. Initial Term
The Parties' respective performances under this Agreement shall commence on the Agreement
Performance Beginning Date shown on the Cover Page for this Agreement and shall terminate on
the Initial Agreement Expiration Date shown on the Cover Page for this Agreement (the "Initial
Term") unless sooner terminated or further extended in accordance with the terms of this
Agreement.
i. The term of this Agreement is contingent upon the issuance and continuous maintenance of
a valid license authorizing the Testing Unit to provide services. Notwithstanding anything
in this Agreement to the contrary, the license of a Testing Unit may be revoked, canceled,
or suspended by the State in accordance with 1 CCR 204-30 Rule 7, including, but not
limited to, 7(O). Any loss of license by Contractor shall be sufficient cause for the
immediate termination of this Agreement, at the State's sole discretion. Permanent loss of
license by Contractor shall result in immediate termination of this Agreement.
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C. Extension Terms - State's Option
The State, at its discretion, shall have the option to extend the performance under this Agreement
beyond the Initial Term for a period, or for successive periods, of one year or less at the same rates
and under the same terms specified in the Agreement (each such period an "Extension Term"). In
order to exercise this option, the State shall provide written notice to Contractor in a form
substantially equivalent to Exhibit C, attached hereto. Except as stated in §2.D, the total duration of
this Agreement, including the exercise of any options to extend, shall not exceed five years from its
Effective Date.
D. End of Term Extension
If this Agreement approaches the end of its Initial Term, or any Extension Term then in place, the
State, at its discretion, upon written notice to Contractor as provided in §14, may unilaterally extend
such Initial Term or Extension Term for a period not to exceed two months (an "End of Term
Extension"), regardless of whether additional Extension Terms are available or not. The provisions
of this Agreement in effect when such notice is given shall remain in effect during the End of Term
Extension. The End of Term Extension shall automatically terminate upon execution of a
replacement Agreement or modification extending the total term of this Agreement.
E. Early Termination in the Public Interest
The State is entering into this Agreement to serve the public interest of the State of Colorado as
determined by its Governor, General Assembly, or Courts. If this Agreement ceases to further the
public interest of the State, the State, in its discretion, may terminate this Agreement in whole or in
part. A determination that this Agreement should be terminated in the public interest shall not be
equivalent to a State right to terminate for convenience. This subsection shall not apply to a
termination of this Agreement by the State for breach by Contractor, which shall be governed by
§12.A.i.
i. Method and Content
The State shall notify Contractor of such termination in accordance with §14. The notice shall
specify the effective date of the termination and whether it affects all or a portion of this
Agreement, and shall include, to the extent practicable, the public interest justification for the
termination.
ii. Obligations and Rights
Upon receipt of a termination notice for termination in the public interest, Contractor shall be
subject to the rights and obligations set forth in §12.A.i.a.
3. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. "Breach of Contract" means the failure of a Party to perform any of its obligations in accordance
with this Agreement, in whole or in part or in a timely or satisfactory manner. If Contractor is
debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Agreement,
then such debarment or suspension shall constitute a breach.
B. "CDL Driving Skills Tester" means a person licensed by the State under the provisions of C.R.S.
§42-2-407 to administer a CDL Skills Test.
C. "CDL Testing Unit" or "Testing Unit" means either a business, association, or governmental
entity licensed by the State under the provisions of C.R.S. §42-2-407 to administer a CDL Skills
Test.
D. "Commercial Driver's License" means a license issued to an individual in accordance with the
requirements of the federal Commercial Motor Vehicle Safety Act of 1986 and State laws, rules
and regulations, including CRS § 42-2-401 et seq., as currently written or hereafter amended. A
card issued by the State which entitles the holder while having such document in his or her
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immediate possession, to drive a motor vehicle of certain classes and endorsements upon the
highways without supervision.
E. "Agreement" means this agreement, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future modifications thereto.
F. "CORA" means the Colorado Open Records Act, §§24-72-200.1, et. seq., C.R.S.
G. "Effective Date" means the date on which this Agreement is approved and signed by the Colorado
State Controller or designee, as shown on the Signature Page for this Agreement.
H. "Exhibits" means the exhibits and attachments included with this Agreement as shown on the
Cover Page for this Agreement.
I. "Incident" means any accidental or deliberate event that results in or constitutes an imminent threat
of the unauthorized access, loss, disclosure, modification, disruption, or destruction of any
communications or information resources of the State, which are included as part of the Work, as
described in §§24-37.5-401 et. seq. C.R.S. Incidents include, without limitation (i) successful
attempts to gain unauthorized access to a State system or State Information regardless of where such
information is located; (ii) unwanted disruption or denial of service; (iii) the unauthorized use of a
State system for the processing or storage of data; or (iv) changes to State system hardware,
firmware, or software characteristics without the State's knowledge, instruction, or consent."
J. "Party" means the State or Contractor, and "Parties" means both the State and Contractor.
K. "PII" means personally identifiable information including, without limitation, any information
maintained by the State about an individual that can be used to distinguish or trace an individual's
identity, such as name, social security number, date and place of birth, mother's maiden name, or
biometric records; and any other information that is linked or linkable to an individual, such as
medical, educational, financial, and employment information. PII includes, but is not limited to, all
information defined as personally identifiable information in §§24-72-501 and 24-73-101, C.R.S.
L. "Services" means the services to be performed by Contractor as set forth in this Agreement, and
shall include any services to be rendered by Contractor in connection with the Goods.
M. "State Confidential Information" means any and all State Records not subject to disclosure under
CORA. State Confidential Information shall include, but is not limited to, PH and PCI. State
Confidential Information shall not include information or data concerning individuals that is not
deemed confidential but nevertheless belongs to the State, which has been communicated,
furnished, or disclosed by the State to Contractor which (i) is subject to disclosure pursuant to
CORA; (ii) is already known to Contractor without restrictions at the time of its disclosure to
Contractor; (iii) is or subsequently becomes publicly available without breach of any obligation
owed by Contractor to the State; (iv) is disclosed to Contractor, without confidentiality obligations,
by a third party who has the right to disclose such information; or (v) was independently developed
without reliance on any State Confidential Information.
N. "State Fiscal Rules" means that fiscal rules promulgated by the Colorado State Controller pursuant
to §24-30-202(13)(a), C.R.S.
O. "State Fiscal Year" means a 12 month period beginning on July 1 of each calendar year and ending
on June 30 of the following calendar year. If a single calendar year follows the term, then it means
the State Fiscal Year ending in that calendar year.
P. "State Records" means any and all State data, information, and records, regardless of physical
form, including, but not limited to, information subject to disclosure under CORA.
Q. "Subcontractor" means third -parties, if any, engaged by Contractor to aid in performance of the
Work.
R. "Work" means the Goods delivered and Services performed pursuant to this Agreement.
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Any other term used in this Agreement that is defined in an Exhibit shall be construed and interpreted as
defined in that Exhibit.
4. STATEMENT OF WORK
Contractor shall complete the Work as described in this Agreement and in accordance with the provisions
of Exhibit A. The State shall have no liability to compensate Contractor for the delivery of any goods or
the performance of any services that are not specifically set forth in this Agreement.
5. PAYMENTS TO CONTRACTOR
This is a no cost Agreement. The State has no obligation to pay Contractor for any Goods or Services
provided by Contractor. Contractor shall be solely liable for all costs associated with the implementation
and continued operation of Services under this Agreement, including, but not limited to, computer
hardware and software, equipment, utilities, personnel, wages, rents, State audits, licenses, certifications,
transportation, travel, insurance, bonds, and/or administration.
6. REPORTING - NOTIFICATION
A. Reports
The State shall submit an annual audit report to Contractor containing an evaluation and review of
Contractor's performance and status of Contractor's obligations hereunder. Contractor shall comply
with all reporting requirements set forth in Exhibit A, and 1 CCR 204-30 Rule 7, as currently
written or hereafter amended.
B. Litigation Reporting
If Contractor is served with a pleading or other document in connection with an action before a
court or other administrative decision making body, and such pleading or document relates to this
Agreement or may affect Contractor's ability to perform its obligations under this Agreement,
Contractor shall, within 10 days after being served, notify the State of such action and deliver copies
of such pleading or document to the State's principal representative identified on the Cover Page for
this Agreement.
C. Performance Outside the State of Colorado or the United States, §24-102-206, C.R.S.
To the extent not previously disclosed in accordance with §24-102-206, C.R.S., Contractor shall
provide written notice to the State, in accordance with §14 and in a form designated by the State,
within 20 days following the earlier to occur of Contractor's decision to perform Services outside of
the State of Colorado or the United States, or its execution of an agreement with a Subcontractor to
perform, Services outside the State of Colorado or the United States. Such notice shall specify the
type of Services to be performed outside the State of Colorado or the United States and the reason
why it is necessary or advantageous to perform such Services at such location or locations, and such
notice shall be a public record. Knowing failure by Contractor to provide notice to the State under
this section shall constitute a breach of this Agreement. This section shall not apply if the
Agreement Funds include any federal funds.
7. CONTRACTOR RECORDS
A. Maintenance
Contractor shall maintain a file of all documents, records, communications, notes and other
materials relating to the Work (the "Contractor Records"). Contractor Records shall include all
documents, records, communications, notes and other materials maintained by Contractor that relate
to any Work performed by Subcontractors, and Contractor shall maintain all records related to the
Work performed by Subcontractors required to ensure proper performance of that Work. Contractor
shall maintain Contractor Records until the last to occur of: (i) the date three years after the date this
Agreement expires or is terminated, (ii) the resolution of any pending Agreement matters, or (iii) if
an audit is occurring, or Contractor has received notice that an audit is pending, the date such audit
is completed and its findings have been resolved (the "Record Retention Period").
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B. Inspection
Contractor shall permit the State to audit, inspect, examine, excerpt, copy and transcribe Contractor
Records during the Record Retention Period. Contractor shall make Contractor Records available
during normal business hours at Contractor's office or place of business, or at other mutually agreed
upon times or locations, upon no fewer than two Business Days' notice from the State, unless the
State determines that a shorter period of notice, or no notice, is necessary to protect the interests of
the State.
C. Monitoring
The State, in its discretion, may monitor Contractor's performance of its obligations under this
Agreement using procedures as determined by the State. The State shall monitor Contractor's
performance in a manner that does not unduly interfere with Contractor's performance of the Work.
D. Final Audit Report
Contractor shall promptly submit to the State a copy of any final audit report of an audit performed
on Contractor's records that relates to or affects this Agreement or the Work, whether the audit is
conducted by Contractor or a third party.
E. Additional Recording and Auditing Requirements
Contractor shall comply with the recording and auditing requirements described in 1 CCR 204-30
Rule 7, as currently written or hereafter amended, including, but not limited to, Rule 7(M).
8. CONFIDENTIAL INFORMATION -STATE RECORDS
A. Confidentiality
Contractor shall keep confidential, and cause all Subcontractors to keep confidential, all State
Records, unless those State Records are publicly available. Contractor shall not, without prior
written approval of the State, use, publish, copy, disclose to any third party, or permit the use by any
third party of any State Records, except as otherwise stated in this Agreement, permitted by law or
approved in Writing by the State. Contractor shall provide for the security of all State Confidential
Information in accordance with all policies promulgated by the Colorado Office of Information
Security and all applicable laws, rules, policies, publications, and guidelines. If Contractor or any of
its Subcontractors will or may receive the following types of data, Contractor or its Subcontractors
shall provide for the security of such data according to the following: (i) the most recently updated
PCI Data Security Standard from the PCI Security Standards Council for all PCI. Contractor shall
immediately forward any request or demand for State Records to the State's principal
representative.
B. Other Entity Access and Nondisclosure Agreements
Contractor may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to those
agents, employees, assigns and Subcontractors who require access to perform their obligations
under this Agreement. Contractor shall ensure all such agents, employees, assigns, and
Subcontractors sign agreements containing nondisclosure provisions at least as protective as those
in this Agreement, and that the nondisclosure provisions are in force at all times the agent,
employee, assign or Subcontractor has access to any State Confidential Information. Contractor
shall provide copies of those signed nondisclosure provisions to the State upon execution of the
nondisclosure provisions.
C. Use, Security, and Retention
Contractor shall use, hold and maintain State Confidential Information in compliance with any and
all applicable laws and regulations in facilities located within the United States, and shall maintain a
secure environment that ensures confidentiality of all State Confidential Information wherever
located. Contractor shall provide the State with access, subject to Contractor's reasonable security
requirements, for purposes of inspecting and monitoring access and use of State Confidential
Information and evaluating security control effectiveness. Upon the expiration or termination of this
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Agreement, Contractor shall return State Records provided to Contractor or destroy such State
Records and certify to the State that it has done so, as directed by the State. If Contractor is
prevented by law or regulation from returning or destroying State Confidential Information,
Contractor warrants it will guarantee the confidentiality of, and cease to use, such State Confidential
Information.
D. Incident Notice and Remediation
If Contractor becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement, as
determined by the State. Unless Contractor can establish that none of Contractor or any of its
agents, employees, assigns or Subcontractors are the cause or source of the Incident, Contractor
shall be responsible for the cost of notifying each person who may have been impacted by the
Incident. After an Incident, Contractor shall take steps to reduce the risk of incurring a similar type
of Incident in the future as directed by the State, which may include, but is not limited to,
developing and implementing a remediation plan that is approved by the State at no additional cost
to the State. The State may, in its sole discretion and at Contractor's sole expense, require
Contractor to engage the services of an independent, qualified, State -approved third party to conduct
a security audit. Contractor shall provide the State with the results of such audit and evidence of
Contractor's planned remediation in response to any negative findings.
E. Data Protection and Handling
Contractor shall ensure that all State Records and Work Product in the possession of Contractor or
any Subcontractors are protected and handled in accordance with the requirements of this
Agreement, including the requirements of any Exhibits hereto, at all times.
F. Safeguarding PII
If Contractor or any of its Subcontractors will or may receive PII under this Agreement, Contractor
shall provide for the security of such PII, in a manner and form acceptable to the State, including,
without limitation, State non -disclosure requirements, use of appropriate technology, security
practices, computer access security, data access security, data storage encryption, data transmission
encryption, security inspections, and audits. Contractor shall be a "Third -Party Service Provider" as
defined in §24-73-103(l)(i), C.R.S. and shall maintain security procedures and practices consistent
with §§24-73-l01 et seq., C.R.S.
9. CONFLICTS OF INTEREST
A. Actual Conflicts of Interest
Contractor shall not engage in any business or activities, or maintain any relationships that conflict
in any way with the full performance of the obligations of Contractor under this Agreement. Such a
conflict of interest would arise when a Contractor or Subcontractor's employee, officer or agent
were to offer or provide any tangible personal benefit to an employee of the State, or any member of
his or her immediate family or his or her partner, related to the award of, entry into or management
or oversight of this Agreement.
B. Apparent Conflicts of Interest
Contractor acknowledges that, with respect to this Agreement, even the appearance of a conflict of
interest shall be harmful to the State's interests. Absent the State's prior written approval,
Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in
conflict with the full performance of Contractor's obligations under this Agreement.
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C. Disclosure to the State
If a conflict or the appearance of a conflict arises, or if Contractor is uncertain whether a conflict or
the appearance of a conflict has arisen, Contractor shall submit to the State a disclosure statement
setting forth the relevant details for the State's consideration. Failure to promptly submit a
disclosure statement or to follow the State's direction in regard to the actual or apparent conflict
constitutes a breach of this Agreement.
10. INSURANCE
Contractor shall obtain and maintain, and ensure that each Subcontractor shall obtain and maintain,
insurance as specified in this section at all times during the term of this Agreement. All insurance policies
required by this Agreement that are not provided through self-insurance shall be issued by insurance
companies as approved by the State.
A. Contractor Insurance
The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S. (the "GIA") and shall maintain at all times during the term of this
Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet
its liabilities under the GIA.
B. Subcontractor Requirements
Contractor shall ensure that each Subcontractor that is a public entity within the meaning of the
GIA, maintains at all times during the terms of this Agreement, such liability insurance, by
commercial policy or self-insurance, as is necessary to meet the Subcontractor's obligations under
the GIA. Contractor shall ensure that each Subcontractor that is not a public entity within the
meaning of the GIA, maintains at all times during the terms of this Agreement all of the following
insurance policies:
i. Workers' Compensation
Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Contractor or Subcontractor employees acting within the course and
scope of their employment.
ii. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any one fire.
iii. Automobile Liability
Automobile liability insurance covering any auto (including owned, hired and non -owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases
and construction contracts require additional insured coverage for completed operations) required of
Contractor and Subcontractors.
D. Primacy of Coverage
Coverage required of Contractor and each Subcontractor shall be primary over any insurance or
self-insurance program carried by Contractor or the State.
E. Cancellation
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All commercial insurance policies shall include provisions preventing cancellation or non -renewal,
except for cancellation based on non-payment of premiums, without at least 30 days prior notice to
Contractor and Contractor shall forward such notice to the State in accordance with §14 within
seven days of Contractor's receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Contractor or its Subcontractors in
relation to this Agreement shall include clauses stating that each carrier shall waive all rights of
recovery under subrogation or otherwise against Contractor or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Contractor under this Agreement, Contractor shall
provide to the State certificates evidencing Contractor's insurance coverage required in this
Agreement within seven Business Days following the Effective Date. Contractor shall provide to
the State certificates evidencing Subcontractor insurance coverage required under this Agreement
within seven Business Days following the Effective Date, except that, if Contractor's subcontract is
not in effect as of the Effective Date, Contractor shall provide to the State certificates showing
Subcontractor insurance coverage required under this Agreement within seven Business Days
following Contractor's execution of the subcontract. No later than 15 days before the expiration date
of Contractor's or any Subcontractor's coverage, Contractor shall deliver to the State certificates of
insurance evidencing renewals of coverage. At any other time during the term of this Agreement,
upon request by the State, Contractor shall, within seven Business Days following the request by the
State, supply to the State evidence satisfactory to the State of compliance with the provisions of this
§10.
H. Bond Requirement
Contractor, unless an agency of government or a Colorado school district, shall maintain a surety
bond in the amount of $20,000.00 in accordance with 1 CCR 204-30 Rule 7 and applicable federal
regulations. This Contract incorporates by reference Code of Federal Regulations ("C.F.R."), Title
49, Subtitle B, Chapter I, Subchapter C, parts 171 and 172, and C.F.R., Title 49, Subtitle B, Chapter
III. If Contractor is an agency of government or any Colorado school district that will administer
CDL driving tests outside of their unit, Contractor must maintain a surety bond in the amount of
$5,000.00. A surety company authorized to do business in Colorado must execute the bond. The
coverage required hereunder shall be issued by insurance companies satisfactory to Contractor and
the State. Such bond must inure to the benefit of the State and shall remain in force through the
term of the Contract, including any extensions. A certificate evidencing coverage must be delivered
to the State prior to execution of the Contract and prior to each subsequent Extension Term. The
bond must be for the use and benefit of the State in the event of a monetary loss within the
limitations of the bond, attributable to the willful, intentional, or negligent conduct of the Testing
Unit or its agents or employees. If the amount of the bond is decreased or terminated, or if there is a
final judgment outstanding on the bond, the Testing Unit cannot test outside their unit. The bond
contract shall contain a provision that indicates that any modifications or cancellation of such bond
can occur only sixty (60) days after written notice to the State. Failure of Contractor to maintain the
required surety bond may, at the State's sole discretion, result in the immediate termination of this
Contract.
11. BREACH OF CONTRACT
In the event of a Breach of Contract, the aggrieved Party shall give written notice of breach to the other
Party. If the notified Party does not cure the Breach of Contract, at its sole expense, within 30 days after
the delivery of written notice, the Party may exercise any of the remedies as described in §12 for that
Party, or l CCR 204-30 Rule 7, as currently written or hereafter amended. Notwithstanding any provision
of this Agreement to the contrary, the State, in its discretion, need not provide notice or a cure period and
Page 10 of 17
CMS #
may immediately terminate this Agreement in whole or in part or institute any other remedy in this
Agreement in order to protect the public interest of the State; or if Contractor is debarred or suspended
under §24-109-105, C.R.S., the State, in its discretion, need not provide notice or cure period and may
terminate this Agreement in whole or in part or institute any other remedy in this Agreement as of the date
that the debarment or suspension takes effect.
12. REMEDIES
A. State's Remedies
If Contractor is in breach under any provision of this Agreement and fails to cure such breach, the
State, following the notice and cure period set forth in §11, shall have all of the remedies listed in
this section in addition to all other remedies set forth in this Agreement or at law, including, but not
limited to, 1 CCR 204-30 Rule 7(0). The State may exercise any or all of the remedies available to
it, in its discretion, concurrently or consecutively.
Termination for Breach
In the event of Contractor's uncured breach, the State may terminate this entire Agreement or
any part of this Agreement. Contractor shall continue performance of this Agreement to the
extent not terminated, if any.
a. Obligations and Rights
To the extent specified in any termination notice, Contractor shall not incur further
obligations or render further performance past the effective date of such notice, and
shall terminate outstanding orders and subcontracts with third parties. However,
Contractor shall complete and deliver to the State all Work not cancelled by the
termination notice, and may incur obligations as necessary to do so within this
Agreement's terms. At the request of the State, Contractor shall assign to the State all of
Contractor's rights, title, and interest in and to such terminated orders or subcontracts.
Upon termination, Contractor shall take timely, reasonable and necessary action to
protect and preserve property in the possession of Contractor but in which the State has
an interest. At the State's request, Contractor shall return materials owned by the State
in Contractor's possession at the time of any termination. Contractor shall deliver all
completed Work Product and all Work Product that was in the process of completion to
the State at the State's request.
b. Damages and Withholding
Notwithstanding any other remedial action by the State, Contractor shall remain liable
to the State for any damages sustained by the State in connection with any breach by
Contractor.
ii. Remedies Not Involving Termination
The State, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Contractor's performance with respect to all or any portion of the Work
pending corrective action as specified by the State without entitling Contractor to an
adjustment in price or cost or an adjustment in the performance schedule. Contractor
shall promptly cease performing Work and incurring costs in accordance with the
State's directive, and the State shall not be liable for costs incurred by Contractor after
the suspension of performance.
b. Removal
Demand immediate removal of any of Contractor's employees, agents, or
Subcontractors from the Work whom the State deems incompetent, careless,
insubordinate, unsuitable, or otherwise unacceptable or whose continued relation to this
Page 1 I of 17
CMS #
Agreement is deemed by the State to be contrary to the public interest or the State's best
interest.
c. Intellectual Property
If any Work infringes, or if the State in its sole discretion determines that any Work is
likely to infringe, a patent, copyright, trademark, trade secret or other intellectual
property right, Contractor shall, as approved by the State (i) secure that right to use such
Work for the State and Contractor; (ii) replace the Work with noninfringing Work or
modify the Work so that it becomes noninfringing; or, (iii) remove any infringing Work
and refund the amount paid for such Work to the State.
B. Contractor's Remedies
If the State is in breach of any provision of this Agreement and does not cure such breach,
Contractor, following the notice and cure period in §11 and the dispute resolution process in §13
shall have all remedies available at law and equity.
13. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this
Agreement which cannot be resolved by the designated Agreement representatives shall be referred
in writing to a senior departmental management staff member designated by the State and a senior
manager designated by Contractor for resolution.
B. Resolution of Controversies
If the initial resolution described in §13.A fails to resolve the dispute within 10 Business Days,
Contractor shall submit any alleged breach of this Agreement by the State to the Procurement
Official of the State Agency named on the Cover Page of this Agreement as described in §24-102-
202(3), C.R.S. for resolution in accordance with the provisions of §§24-106-109, and 24-109-101.1
through 24-109-505, C.R.S., (the "Resolution Statutes"), except that if Contractor wishes to
challenge any decision rendered by the Procurement Official, Contractor's challenge shall be an
appeal to the executive director of the Department of Personnel and Administration, or their
delegate, under the Resolution Statutes before Contractor pursues any further action as permitted by
such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes
shall apply including, without limitation, time limitations.
14. NOTICES AND REPRESENTATIVES
Each individual identified as a Principal Representative on the Cover Page for this Agreement shall be the
principal representative of the designating Party. All notices required or permitted to be given under this
Agreement shall be in writing, and shall be delivered (A) by hand with receipt required, (B) by certified or
registered mail to such Party's principal representative at the address set forth below or (C) as an email
with read receipt requested to the principal representative at the email address, if any, set forth on the
Cover Page for this Agreement. If a Party delivers a notice to another through email and the email is
undeliverable, then, unless the Party has been provided with an alternate email contact, the Party
delivering the notice shall deliver the notice by hand with receipt required or by certified or registered
mail to such Party's principal representative at the address set forth on the Cover Page for this Agreement.
Either Party may change its principal representative or principal representative contact information, or
may designate specific other individuals to receive certain types of notices in addition to or in lieu of a
principal representative by notice submitted in accordance with this section without a formal amendment
to this Agreement.
15. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
A. Work Product
Contractor assigns to the State and its successors and assigns, the entire right, title, and interest in
and to all causes of action, either in law or in equity, for past, present, or future infringement of
Page 12 of 17
CMS #
intellectual property rights related to the Work Product and all works based on, derived from, or
incorporating the Work Product. Whether or not Contractor is under contract with the State at the
time, Contractor shall execute applications, assignments, and other documents, and shall render all
other reasonable assistance requested by the State, to enable the State to secure patents, copyrights,
licenses and other intellectual property rights related to the Work Product. To the extent that Work
Product would fall under the definition of "works made for hire" under 17 U.S.C.S. §101, the
Parties intend the Work Product to be a work made for hire.
B. Exclusive Property of the State
Except to the extent specifically provided elsewhere in this Agreement, any pre-existing State
Records, State software, research, reports, studies, photographs, negatives or other documents,
drawings, models, materials, data and information shall be the exclusive property of the State
(collectively, "State Materials"). Contractor shall not use, willingly allow, cause or permit Work
Product or State Materials to be used for any purpose other than the performance of Contractor's
obligations in this Agreement without the prior written consent of the State. Upon termination of
this Agreement for any reason, Contractor shall provide all Work Product and State Materials to the
State in a form and manner as directed by the State.
C. Exclusive Property of Contractor
Contractor retains the exclusive rights, title, and ownership to any and all pre-existing materials
owned or licensed to Contractor including, but not limited to, all pre-existing software, licensed
products, associated source code, machine code, text images, audio and/or video, and third -party
materials, delivered by Contractor under the Agreement, whether incorporated in a Deliverable or
necessary to use a Deliverable (collectively, "Contractor Property"). Contractor Property shall be
licensed to the State as set forth in this Agreement or a State approved license agreement: (1) entered
into as exhibits to this Agreement; (ii) obtained by the State from the applicable third -party vendor;
or (iii) in the case of open source software, the license terms set forth in the applicable open source
license agreement.
16. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Contractor under this Agreement is $100,000 or greater, either on the
Effective Date or at any time thereafter, this §16 shall apply. Contractor agrees to be governed by and
comply with the provisions of §24-106-103, §24-102-206, §24-106-106, and §24-106-107, C.R.S.
regarding the monitoring of vendor performance and the reporting of contract performance information in
the State's contract management system ("Contract Management System" or "CMS"). Contractor's
performance shall be subject to evaluation and review in accordance with the terms and conditions of this
Agreement, Colorado statutes governing CMS, and State Fiscal Rules and State Controller policies.
17. GENERAL PROVISIONS
A. Assignment
Contractor's rights and obligations under this Agreement are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assignment or transfer of Contractor's rights and
obligations approved by the State shall be subject to the provisions of this Agreement.
B. Subcontracts
Contractor shall not enter into any subcontract in connection with its obligations under this
Agreement without the prior, written approval of the State. Contractor shall submit to the State a
copy of each such subcontract upon request by the State. All subcontracts entered into by Contractor
in connection with this Agreement shall comply with all applicable federal and state laws and
regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be
subject to all provisions of this Agreement.
Page 13 of 17
CMS #
C. Binding Effect
Except as otherwise provided in §17.A, all provisions of this Agreement, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective successors and assigns.
D. Authority
Each Party represents and warrants to the other that the execution and delivery of this Agreement
and the performance of such Party's obligations have been duly authorized.
E. Captions and References
The captions and headings in this Agreement are for convenience of reference only, and shall not be
used to interpret, define, or limit its provisions. All references in this Agreement to sections
(whether spelled out or using the § symbol), subsections, exhibits or other attachments, are
references to sections, subsections, exhibits or other attachments contained herein or incorporated as
a part hereof, unless otherwise noted.
F. Counterparts
This Agreement may be executed in multiple, identical, original counterparts, each of which shall be
deemed to be an original, but all of which, taken together, shall constitute one and the same
agreement.
G. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties
related to the Work, and all prior representations and understandings related to the Work, oral or
written, are merged into this Agreement. Prior or contemporaneous additions, deletions, or other
changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein.
H. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the Colorado State
Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued
under the State Fiscal Rules, then any agreement or consent to use digital signatures within the
electronic system through which that signatory signed shall be incorporated into this Agreement by
reference.
Modification
Except as otherwise provided in this Agreement, any modification to this Agreement shall only be
effective if agreed to in a formal amendment to this Agreement, properly executed and approved in
accordance with applicable Colorado State law and State Fiscal Rules. Modifications permitted
under this Agreement, other than Agreement amendments, shall conform to the policies issued by
the Colorado State Controller.
J. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other
authority shall be interpreted to refer to such authority then current, as may have been changed or
amended since the Effective Date of this Agreement.
K. Severability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect,
provided that the Parties can continue to perform their obligations under this Agreement in
accordance with the intent of this Agreement.
L. Survival of Certain Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or
expiration of the Agreement shall survive the termination or expiration of this Agreement and shall
be enforceable by the other Party.
Page 14 of 17
CNIS #
M. Taxes
The State is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch.
32) (Federal Excise Tax Exemption Certificate of Registry No. 84-730123K) and from State and
local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax
Exemption Identification Number 98-02565). The State shall not be liable for the payment of any
excise, sales, or use taxes, regardless of whether any political subdivision of the state imposes such
taxes on Contractor. Contractor shall be solely responsible for any exemptions from the collection
of excise, sales or use taxes that Contractor may wish to have in place in connection with this
Agreement.
N. Third Party Beneficiaries
Except for the Parties' respective successors and assigns described in §17.A, this Agreement does
not and is not intended to confer any rights or remedies upon any person or entity other than the
Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely
to the Parties. Any services or benefits which third parties receive as a result of this Agreement are
incidental to this Agreement, and do not create any rights for such third parties.
O. Waiver
A Party's failure or delay in exercising any right, power, or privilege under this Agreement, whether
explicit or by lack of enforcement, shall not operate as a waiver, nor shall any\ single or partial
exercise of any right, power, or privilege preclude any other or further exercise of such right, power,
or privilege.
P. CORA Disclosure
To the extent not prohibited by federal law, this Agreement and the performance measures and
standards required under §24-106-107, C.R.S., if any, are subject to public release through the
CORA.
Q. Standard and Manner of Performance
Contractor shall perform its obligations under this Agreement in accordance with the highest
standards of care, skill and diligence in Contractor's industry, trade, or profession. Contractor shall
comply with all requirements of 1 CCR 204-30 Rule 7 and all other applicable rules and laws.
R. Licenses, Permits, and Other Authorizations
Contractor shall secure, prior to the Effective Date, and maintain at all times during the term of this
Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required
to perform its obligations under this Agreement, and shall ensure that all employees, agents and
Subcontractors secure and maintain at all times during the term of their employment, agency or
subcontract, all license, certifications, permits and other authorizations required to perform their
obligations in relation to this Agreement.
S. Indemnification
i. General Indemnification
Contractor shall indemnify, save, and hold harmless the State, its employees, agents and
assignees (the "Indemnified Parties"), against any and all costs, expenses, claims, damages,
liabilities, court awards and other amounts (including attorneys' fees and related costs)
incurred by any of the Indemnified Parties in relation to any act or omission by Contractor, or
its employees, agents, Subcontractors, or assignees in connection with this Agreement.
ii. Confidential Information Indemnification
Page 15 of 17
CMS #
Disclosure or use of State Confidential Information by Contractor in violation of §8 may be
cause for legal action by third parties against Contractor, the State, or their respective agents.
Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and
all claims, damages, liabilities, losses, costs, expenses (including attorneys' fees and costs)
incurred by the State in relation to any act or omission by Contractor, or its employees,
agents, assigns, or Subcontractors in violation of §8.
18. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3)
These Special Provisions apply to all contracts except where noted in italics.
A. STATUTORY APPROVAL. §24-30-202(1), C.R.S.
This Agreement shall not be valid until it has been approved by the Colorado State Controller or
designee. If this Agreement is for a Major Information Technology Project, as defined in §24-37.5-
102(2.6), then this Agreement shall not be valid until it has been approved by the State's Chief
Information Officer or designee.
B. FUND AVAILABILITY. §24-30-202(5.5), C.R.S.
Financial obligations of the State payable after the current State Fiscal Year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
C. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties, its
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101,
et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and
the State's risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this
Agreement shall be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protections, or other provisions, contained in these statutes.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or
employee of the State. Contractor shall not have authorization, express or implied, to bind the State
to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its
employees and agents are not entitled to unemployment insurance or workers compensation benefits
through the State and the State shall not pay for or otherwise provide such coverage for Contractor
or any of its agents or employees. Contractor shall pay when due all applicable employment taxes
and income taxes and local head taxes incurred pursuant to this Agreement. Contractor shall (i)
provide and keep in force workers' compensation and unemployment compensation insurance in the
amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely
responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW
Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
F. CHOICE OF LAW, JURISDICTION, AND VENUE
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null
and void. All suits or actions related to this Agreement shall be filed and proceedings held in the
State of Colorado and exclusive venue shall be in the City and County of Denver.
Page 16 of 17
CMS #
G. PROHIBITED TERMS
Any term included in this Agreement that requires the State to indemnify or hold Contractor
harmless; requires the State to agree to binding arbitration; limits Contractor's liability for damages
resulting from death, bodily injury, or damage to tangible property; or that conflicts with this
provision in any way shall be void ab initio. Nothing in this Agreement shall be construed as a
waiver of any provision of §24-106-109 C.R.S.
H. SOFTWARE PIRACY PROHIBITION
State or other public funds payable under this Agreement shall not be used for the acquisition,
operation, or maintenance of computer software in violation of federal copyright laws or applicable
licensing restrictions. Contractor hereby certifies and warrants that, during the term of this
Agreement and any extensions, Contractor has and shall maintain in place appropriate systems and
controls to prevent such improper use of public funds. If the State determines that Contractor is in
violation of this provision, the State may exercise any remedy available at law or in equity or under
this Agreement, including, without limitation, immediate termination of this Agreement and any
remedy consistent with federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. §§24-18-201 and 24-50-
507, C.R.S.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Agreement. Contractor has no
interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or
degree with the performance of Contractor's services and Contractor shall not employ any person
having such known interests.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 17 of 17
CMS#
EXHIBIT A, STATEMENT OF WORK
This Exhibit A —Statement of Work is part of that certain agreement, CMS # ("Agreement"), by and
between Contractor named on the Cover Page of this Agreement, and the State of Colorado acting by
and through the Colorado Department of Revenue, Division of Motor Vehicles ("State" or "DMV"). In
the event of a conflict or inconsistency between the Agreement and its exhibits and attachments, such
conflict or inconsistency shall be resolved in the manner specified on the Cover Page of this Agreement.
Any references to defined terms that are not specifically defined herein shall have the same meaning as
those set forth in the Agreement and its Exhibits.
Contractor shall provide the following testing services to the State and applicants in accordance with this
Exhibit A, 1 CCR 204-30 Rule 7, as currently written or hereafter amended, State laws, and pursuant to
the terms of this Agreement.
A. On behalf of the State, Contractor shall competently provide CDL driving skills testing services to
the State and applicants pursuant to and consistent with the intent of all applicable Federal and State
laws, the terms of this Agreement; the Rules and Regulations for the Commercial Driver's License
(CDL) Program, 1 CCR 204-30, Rule 7, as currently written or hereafter amended, and the current
CDL Tester's manual, as currently written or hereafter updated, and is hereby incorporated by
reference. The CDL Tester's manual is available by request through the DMV.
B. Contractor shall at all times have a valid, signed Agreement with the State prior to providing the
services pursuant to this Agreement. Additionally, Contractor and the CDL Driving Skills Tester
shall be in possession of a valid license in accordance with 1 CCR 204-30 Rule 7, as currently
written or hereafter amended, prior to providing Services authorized by this Agreement.
C. The Contractor shall have written permission from the landowner to administer the CDL vehicle
basic control tests on areas not owned by the Contractor. This written permission, in a form
substantially equivalent to Exhibit B, attached and incorporated herein, shall be submitted to the
State for approval prior to testing.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Exhibit A
CMS #
Page I of 1
DR 2146 (02/27/17)
COLORADO DEPARTMENT OF REVENUE
Division of Motor Vehicles
1881 Pierce Street
Lakewood, CO 80214
EXHIBIT B
Land Use Authorization
The land used for the purposes of Driver Skills Testing by any CDL Testing Unit shall require written permission from the
respective landlord or land owner on this form and submit to the CDL Compliance Section for approval prior to driver
skill testing.
This certification confirms that
Landowner Last Name
First Name
grants permission to
Testing Unit Name
for the purpose of administering the CDL Driving Skills Test and State inspections.
Property Street Address
City
State
ZIP
This property will be used for the purposes of CDL Driver Skills Testing and access to the testing area will be granted to
the State of Colorado CDL Compliance Section for inspection at any time.
Land Owner Representative Last Name (print)
First Name (print)
Land Owner Representative Signature
Phone
Date
This authorization expires on
Date
Page 1 of 1
Exhibit B
CMS #160266
EXHIBIT C, SAMPLE OPTION LETTER
OPTION LETTER
State Agency
Department of Revenue
Option Letter Number
Contractor
Original Contract Number
CMS #
Current Contract Maximum Amount
No Cost Contract
Total for All State Fiscal Years $0.00
Option Contract Number
CMS #
Contract Performance Beginning Date
The Effective Date
Current Contract Expiration Date
1. OPTIONS:
Option to extend for an Extension Term.
2. REQUIRED PROVISIONS:
A. In accordance with Section 2.C of the Original Contract referenced above, the State hereby exercises its
option for an additional term, beginning {insert date} and ending on the current contract expiration date
shown above, at the rates stated in the Original Contract, as amended.
3. OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or {insert date}, whichever is
later.
STATE OF COLORADO
Jared S. Polis, Governor
Department of Revenue
Lu Cordova, Executive Director
By: Mike Dixon, Director
Division of Motor Vehicles
Date:
Exhibit C
CMS #
Page 1 of I
Duane Naibauer
From:
Sent:
To:
Subject:
Ron Graves
Bridge Foreman
CDL Tester
Weld County Public Works
(970) 400-3787 Office
rgraves@weldgov.com
Sent from the field
Begin forwarded message:
Ron Graves
Monday, June 22, 2020 8:36 AM
Duane Naibauer
Fwd: **Urgent** New CDL Testing Agreement - Please Review/Respond
From: Bob Choate <bchoate@weldgov.com>
Date: June 17, 2020 at 07:58:39 MDT
To: Ron Graves <rgraves@weldgov.com>
Cc: Curtis Hall <chall@weldgov.com>
Subject: RE: **Urgent** New CDL Testing Agreement - Please Review/Respond
Ron,
This would need to be approved by the Board and signed by the Chair. I don't have any concerns with it,
but we need to push it through our typical contract process, notwithstanding that it is a nonfinancial
agreement. I'm happy to discuss.
Thanks,
Bob Choate
Assistant Weld County Attorney
(970) 400-4393
From: Ron Graves <rgraves@weldgov.com>
Sent: Tuesday, June 16, 2020 4:55 PM
To: Bob Choate <bchoate@weldgov.com>
Cc: Curtis Hall <chall@weldgov.com>
Subject: FW: **Urgent** New CDL Testing Agreement - Please Review/Respond
Hi Bob, Curtis asked that I forward this agreement for your advice on who may sign it. Previous
agreements have been signed by The Chair of The Board. Are we required to go through this process or
may someone in our department sign? Thanks for any suggestions.
RON GRAVES
BRIDGE FOREMAN / CDL TESTER
1
Forwarded message
From: Sigler - DOR, Jenny <jenny.sigler@state.co.us>
Date: Fri, May 22, 2020 at 3:46 PM
Subject: New CDL Testing Agreement - Please Review/Respond
To: <rgraves@co.weld.co.us>
Hello:
As you're probably aware, your current CDL testing agreement with CDOR/DMV is set to expire on June
30th, 2020. A new agreement is attached for your review. Please let me know if you have any
questions, or if you need me to make corrections to any of your information.
Also, we are executing all of our contracts through DocuSign now, so could you please reply with the
name, title, and email address for whomever will be signing your agreement? I will make the necessary
changes to the signature block, and the agreement will be sent directly to them for electronic
signature...no need to print or sign hard copies.
Thank you,
Jenny Sigler, Esq.
Senior Contract Administrator
Sin COLORADO
.. , Department of Revenue
Purchasing Et Contract Services (PACS)
C: (210) 748-9395
lenny.siciler@state.co.us
3
Entity Information
Entity Name* Entity ID"
COLORADO DEPARTMENT OF @00000387
REVENUE
Contract Name*
STATE OF COLORADO INTERGOVERNMENTAL CDL
TESTING AGREEMENT
Contract Status
CTB REVIEW
C New Entity?
Contract ID
3738
Contract Lead*
DNAIBAUER
Contract Lead Email
dnaihauer@co weld co.us
Parent Contract ID
Requires Board Approval
YES
Department Project tF
Contract Description *
THROUGH THIS CONTRACT THE STATE AUTHORIZES CONTRACTOR TO ADMINISTER AND PROVIDE COMMERCIAL
DRIVER'S LICENSE (CDL) TESTING ON BEHALF OF THE STATE AS PROVIDED IN 1 CCR 204-30 RULE 7 AS CURRENTLY OR
HEREAFTER AMENDED.
Contract Description 2
Contract Type*
AGREEMENT
Amount *
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
YES
Department
PUBLIC WORKS
Department Email
C M-
Public'Works@tit eldgov corn
Department Head Email
C M -P u blicWo rks-
DeptHead v,eldgov.cone
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CC,WELD .CO.US
IGA Deadline. Date
06/30/2023
if this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note tt
GnBase
Requested B0CC Agenda
Date"
06x'227020
Due Date
06.13'2020
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
Contract Dates
Effective Date.
Termination Notice Period
Contact Information
Review Date *
06/01/2023
Committed Delivery Date
Renewal Date
Expiration Date *
06130//2023
Contact Info
Contact Name
Contact Type Contact Email
Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver
Approval Process
Department Head
JAY MCDONALD
OH Approved Date
06/1712020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda. Date
06/24/2020
Originator
SS 'IANSON
Finance Approver
BARB CONNOLLY
Purchasing Approved Date
Finance Approved Date
06118/2020
Tyler Ref #
AG 0,62420
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
06/1812020
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