Common use of Third Party Skills Testing Provider Application Clause in Contracts

Third Party Skills Testing Provider Application. 1. Make application to, and if approved, enter into an agreement with the Department, as described in this document. 2. Maintain at least one permanent, regularly occupied structure in Texas with a permanent Texas street mailing address. 3. Own or lease, in the name of the driver training school or school owner, at least one Class A or B (Group) CMV which requires a CDL and is specific to the type of skills exam being administered. Regional Education Service Centers that do not own or lease at least one Class A or B (group) CMV and that is serving as a Skills Testing Provider for a School District must present to the Department an agreement between the Regional Education Service Center and the School District certifying that the School District owns or leases at least one Class A or B (Group) CMV and the Regional Education Service Center has authorization to utilize the vehicle for skills testing. 4. Vehicles utilized for skills testing must have a current registration and safety inspection. 5. An Independent School District (ISD) not certified to administer CDL skills testing is permitted to enter into an agreement with another ISD that has been authorized by the Department to administer CDL skills testing for the purposes of administering the CDL skills tests to employees of the non-certified school district. 6. The 20 regional education service centers created by the 59th Texas Legislature to assist school districts across the state may enter into an agreement with the Department to administer the CDL skills test to Independent School District employees in their service area. 7. An Independent School District (ISD) not certified to administer CDL skills testing is permitted to enter into an agreement with a regional education service center that has been authorized by the Department to administer CDL skills testing for the purposes of administering skills tests to employees of the non-certified school district. 8. Conduct at least ten (10) CDL skills exams per calendar year, with the calendar year beginning every January 1st. 9. Skills Testing Provider must have been in continual operation for 365 days immediately preceding the date of application to become a third party tester. 10. An existing Skills Testing Provider business may be purchased for continued operation by a new organization; however the new owner or lessor is required to apply as an original Skills Testing Provider applicant, and any existing or previous violation(s) cited by the Department at the physical location will be transferred to the new owner or lessor. 11. Must apply for an examiner’s certification on behalf of each person in their employ who will be conducting skills exams. 12. Employ at least one examiner who has been certified and meets the qualification requirements of the Department. 13. Conduct a state and federal nationwide criminal background checks at the Skills Testing Provider’s cost for each of its examiners and require additional checks as needed for cause. 14. Conduct all portions of the CDL skills test in Texas. 15. Maintain a basic control skills course in Texas and road test route that meets the requirements outlined in the CDL Skills Testing Manual. Skills testing pads must be approved by the Department. A Third Party Skills Testing Provider can share another Third Party Skills Testing Provider’s Skills testing pad as long as there is a formal written agreement between the two companies that can provided to the Department at the time of the inspection. This formal written agreement shall clearly indicate a schedule of when the pad will be utilized by each provider. 16. Examiners and the Designated Responsible Person are required to attend periodic training sessions when notified by the Department. 17. The skills test being administered must be the same as that administered by the Department. 18. Maintain a valid and operational telephone number for contact by the Department as needed. 19. Maintain the hours of operation on file with the Department. 20. Maintain a surety bond in the amount of $25,000 times the number of examiners they employ. (governmental entities are exempt) 21. Maintain general business liability insurance in the amount of at least $1,000,000.00. (governmental entities are exempt) 22. If a vehicle is provided for testing, maintain bodily injury and property damage liability insurance coverage on the vehicles in the amount of at least $1,000,000.00. (governmental entities are exempt) 23. Maintain insurance coverage which does not exclude from coverage any person while taking the skills tests administered by the Third Party Skills Testing Provider, any person suffering bodily injury sustaining property damage as a result of a skills test administered by the Third Party Skills Testing Provider, or any person employed by the Third Party Skills Testing Provider to administer skills tests. 24. As evidence of required insurance coverage, the Third Party Skills Testing Provider must file with the Department either a certificate of insurance issued by an insurance company or surety company authorized to do business in Texas. 25. No advertising shall indicate in any way that the Third Party Skills Testing Provider can issue or imply that the Third Party Skills Testing Provider can influence the Department in the issuance of a CDL or imply that preferential treatment from the Department can be obtained. 26. A Third Party Skills Testing Provider may not use any Department or state seal or insignia or an insignia or design that is deceptively similar to such a seal in any advertising or promotional materials.