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DOL SPECIAL TERMS AND CONDITIONS <br /> <br />Department of Licensing Page 3 of 36 Contract No: K9319 <br /> <br />This Agreement (hereinafter “Agreement” or “Contract”) is entered into by the state of Washington, <br />Department of Licensing (hereinafter "DOL"), and City of Everett dba Transportation Servies <br />(hereinafter “Contractor”). DOL and Contractor may be individually referred to as ‘Party,’ or jointly <br />referred to as ‘Parties.’ <br /> <br />Pursuant to the mutual terms and conditions herein, the Parties hereby agree as follows: <br /> <br />1. PURPOSE <br />The purpose of this agreement is to authorize eligible transit entities to administer third-party Skills <br />Examinations in support of Washington State Commercial Driver License applicants seeking a <br />Passenger Endorsement from the Department of Licensing (DOL). Under this agreement, the <br />Contractor is authorized to act as a Third-Party Examiner (TPE) and may conduct examinations <br />for its own personnel as well as for non-contracted transit entities, as necessary. This agreement <br />establishes the terms, conditions, and requirements governing the administration of such testing. <br /> <br />This Agreement terminates, replaces, and/or supersedes any prior Agreement of the Parties that <br />allows Contractor to engage in third party testing. <br /> <br />2. AUTHORIZATION <br />This Agreement is made pursuant to the authority granted under chapter 46.25.060(1)(c) RCW, <br />and 308-100-140 WAC, which directly allow DOL to authorize the use of Third-Party Examiners. <br />The terms and conditions herein are further consistent with 49 C.F.R. § 383.75. Third-Party <br />Examiners. The terms and conditions herein are further consistent with 49 C.F.R. § 383.75. <br /> <br />3. DEFINITIONS <br />As used throughout this Contract, the following terms shall have the meanings set forth below: <br />a. “Applicant” shall mean a person or driver completing the pre-trip inspection, or safety <br />inspections, basic controls, and road test of the CDL skills examination. <br />b. “Audit” shall mean a routine observation to assess the performance of an individual, entity, <br />or business authorized to provide services under this Contract. <br />c. “Commercial Driver’s License (CDL)” shall mean a license required in the United States to <br />operate large and heavy vehicles, such as trucks, buses, and trailers, or vehicles that <br />transport hazardous materials or more than 15 passengers. <br />d. “CDL Test Route” shall mean the areas approved by DOL for completing the pre-trip <br />inspection, or safety inspections, basic controls, and road test. <br />e. “CFR” shall mean the Code of Federal Regulations related to the “FMCSR” Federal Motor <br />Carrier Safety Regulations promulgated by the U.S. Department of Transportation. <br />f. “Conflict of Interest” shall mean a situation in which a person or organization is involved in <br />multiple interests, financial or otherwise, one of which could possibly corrupt the motivation <br />or decision-making of that individual or organization. <br />g. “Contract” shall mean this document, all schedules and exhibits, Statements of Work, and <br />all amendments hereto. <br />h. “Contractor” shall mean the person or entity performing Services under this Contract. <br />i. “Contract Manager” shall mean the representative identified in the text of this Contract who <br />is delegated the authority to administer this Contract. <br />j. “CSTIMS” shall mean the Commercial Skills Test Information Management System, a system <br />that is an internet-based tool that provides jurisdictions and third-party examiners a consistent <br />way to track the scheduling and entry of test results for commercial driving skills test. <br />k. "Examiner’s Manual" shall mean the Commercial Driver’s Examiner’s Manual promulgated <br />by the state of Washington, Department of Licensing. <br />Docusign Envelope ID: 4798BD77-1E90-44A1-9098-432C0EDF7393