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DOL SPECIAL TERMS AND CONDITIONS <br /> <br />Department of Licensing Page 7 of 36 Contract No: K9319 <br /> <br />All insurance must be primary to any other insurance programs afforded to or maintained by DOL <br />or the state of Washington. Contractor waives all rights against DOL and the state of Washington <br />for recovery of damages to the extent that such damages would be covered by general liability <br />or umbrella insurance maintained by Contractor pursuant to this Agreement. <br />Contractor must notify DOL within thirty (30) days if a claim has been made under the commercial <br />general liability policy related to the Data provided under this Agreement. <br />B. Additional Insureds <br />DOL must be named as an additional insured on the General Liability policy. <br />C. Notice of Cancellation <br />Contractor shall provide written notice thirty (30) days in advance of the cancellation of any <br />insurance required hereunder. <br />D. Certificates of Insurance <br />Prior to receiving any Data, Contractor shall provide DOL a valid certificate or certificates of <br />insurance demonstrating the fulfillment of all requirements herein. <br />Contractor will submit renewal certificates on a yearly basis prior to the expiration of the previous <br />certificate during the term of this Agreement, which must be received on or before ten (10) <br />business days following the renewal of any policies. <br />Failure to provide DOL with the Certificates of Insurance may result in immediate suspension <br />of the authorization granted herein and may result in termination of this Agreement. <br />E. Cost of Insurance <br />Contractor is solely responsible for all costs associated with the insurance requirements <br />contained within this. <br />F. Self-Insurance <br />If Contractor is self-insured and can verify that its surety meets all the above requirements, <br />Contractor may request DOL to accept the terms of its self-insurance program. DOL has final <br />discretion on whether the Contractor’s self-insurance program is acceptable. <br />G. Cyber-Liability <br />Contractor must notify the DOL Contract Manager and obtain a minimum $1,000,000 cyber liabilty <br />insurance poilcy when it holds more than 5,249 unique Applicants’ records containing Personal <br />Information. <br />A Contractor who has access to funds in Washington State’s Self-Insured Liability Pool is deemed <br />to meet this requirement. <br />This insurance shall include coverage for third party claims and losses including with respect to <br />network risks (such as: data Breaches, transmission of virus/malicious code, unauthorized <br />access or criminal use of third party, ID/data theft) and invasion of privacy regardless of the type <br />of media involved in the loss of private information (such as: computers, paper files and records, <br />or voice recorded tapes), covering collection, use, access, etc., of Protected Personal <br />Information, direct liability, as well as contractual liability for violation of privacy policy, civil suits <br />and sublimit for regulatory defense/indemnity for payment of fines and penalties. <br />11. BOND REQUIREMENTS <br />Contractor must obtain and maintain a bond amount equal to $25,000, in order to secure payment for <br />re-testing drivers in the event the Contractor or one or more of its Examiners is involved in fraudulent <br />activities related to conducting skills testing of applicants for a CDL. State agencies and related inter - <br />local governing agencies are exempt from bond requirements. <br /> <br />The Bond must be issued by a licensed insurance or bonding company authorized to do business in <br />the state of Washington and have a rating of A-, Class VII or better. All expenses for the bond are to <br />Docusign Envelope ID: 4798BD77-1E90-44A1-9098-432C0EDF7393