HomeMy WebLinkAboutMINUTES - 09121989 - 1.86 rb: $OARD OF SUPERVISORS
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FROM: Richard K. Rainey, Sheriff-Coroner Costa
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DATE: August 29 , 1989 County°°srq c�;n `P�
SUBJECT: Renewal of Driver Training Certification Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION:
Authorize the Sheriff-Coroner to enter into an Agreement with the
California Department of Motor Vehicles for the purpose of allowing
the Sheriff-Coroner Detention Division to continue in the Employer
Statement Program to -train Deputy Sheriffs who are assigned to
drive prisoner transportation buses.
II . FINANCIAL IMPACT:
Entering into this Agreement will not increase nor decrease the
training costs already in place in the Sher'i'ff-Coroner Detention
Division. There is no financial impact.
III . REASONS FOR RECOMMENDATION/BACKGROUND:
The DMV Employer Statement Program establishes training standards
in the licensing of drivers requiring commercial drivers licenses.
New state and federal laws have set new standards for driver
education and training, which are reflected in the Employer
Statement Program, and require all drivers be retested and licensed
in new classifications. Our participation in the Employer
Statement Program has resulted in an organized, well-documented and
beneficial training program. This has minimized liability the
County assumes during the business of transporting prisoners, has
decreased costs associated with providing adequate training, and
has allowed the Sheriff-Coroner to establish above-average
standards to ensure safe operation of these vehicles. The program
also provides supplemental and remedial training for employees
exhibiting a need for additional training.
The Agreement, a copy of which is attached, has-- - ed by
Risk Management and County Counsel.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE �_--
-APPROVE OTHER
SIGNATURE S):
ACTION OF BOARD ON SEP 12 1989 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Administrator ATTESTED SEP 12 1989
Sheriff-Coroner PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
MBY � L,&Lelo DEPUTY
382 (10/88)
IV. CONSEQUENCES OF NEGATIVE ACTION:
DMV will not allow the Sheriff-Coroner to participate in the
Employer Statement Program without entering into the Agreement.
This would result in eliminating the existing training program and
could require the use of subcontractors to accomplish similar
training at a greater expense to the County. Without such
training, the operators would not be qualified, pursuant to
California Vehicle Code Sec. 12804 , to operate the transportation
buses which require a Class II drivers license.
Employer Statement Program Agreement
+ Employer Number 89EN5-0-154
(Insert Correct Number)
1 1. This Agreement is between the Department of Motor Vehicles,
2 hereinafter referred to as DMV and Contra Costa County Sheriff,
(Company Name) ,
3 hereinafter referred to as the Firm, for the purpose of DMV
4 accepting Certificates of Driving Experience and/or Training issued
5 by the Firm in lieu of driving tests on Class A or Class B license
6 _ applications when the applicant is employed by the Firm and the
7 applicant has met the other requirements for the license for which
8 he or she is applying.
9 2. The expiration date of this Agreement and the employer number issued
10 to the Firm by DMV shall expire at the same time.
11 3. This Agreement is subject to acts of the California State
12 Legislature and the Federal government pursuant to the Commercial
13 Motor Vehicle Safety Act of 1986 which may affect the provisions or
14 terms of this Agreement.
15 4. This Agreement may be amended only by mutual Agreement of the
16 parties. No alteration or variation of the terms of this Agreement
17 shall be valid unless made in writing and signed by the parties
18 hereto, and no oral understanding or Agreement not incorporated
19 herein shall be binding on either party.
20 5. This Agreement is subject to the right of either party to terminate
21 —the Agreement at any time without cause by giving the other party at
22 least 30 days prior written notice of such termination. But there
23 is no intention by either party to exercise this right to terminate
24 without cause, absent compelling public interest or necessity.
25 6. The Firm shall have required drive tests conducted by an examiner
26 who holds a valid Class 1, Class 2, Class A, or Class B driver
27 license of the type appropriate for the test vehicle and who has a
COURT PAPER
STATE OF CALIFORNIA
STD. 113 (REV. 8-72)
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1 satisfactory driving record and who is not on probation for
2 negligent operation of a motor vehicle.
3 7. The Firm shall allow DMV or its representatives, and the Federal
4 Highway Administration or its representatives, to conduct random
5 examinations, inspections, and audits without prior notice during
6 _ regular business hours.
7 8. The Firm shall permit DMV or its representative to conduct on-site
8 inspections at least annually.
9 9. DMV may take prompt and appropriate remedial action against a firm
10 who fails to comply with the standards for the commercial driver
11 license testing program, or with any other term of this contract.
12 10. The Firm shall be engaged in an activity which includes use of
13 vehicles requiring the driver to possess a Class 1, Class 2,
14 Class A, or Class B license.
15 11. The Firm shall provide proof of the availability of a minimum of
16 five (5) vehicles (at least two of which are power units) which
17 require the driver to possess,a Class 1, Class 2, Class A, or
18 Class B license to operate. Proof may be by license plate numbers
19 or a copy of the lease Agreement or contractual Agreement showing
20 that the required vehicles are available.
21 12. The Firm shall provide for, and require that its drivers participate
22 in, a driver testing and training program which includes a driving
23 test for each new driver employed.
24 13. The drive test given each new driver employed by the Firm shall
25 include the following:
26 pre-trip safety inspection
27 placing vehicle or combination in operation
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STATE OF CALIFORNIA
STP. 113 (REV. B•72)
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1 use of vehicle controls and emergency equipment
2 operating vehicle in traffic on public roads, and while passing
3 other vehicles
4 turning the vehicle
5 0 braking, and slowing by means other than braking
6 backing and parking the vehicle
14.. . In addition, after 1-1-89, the drive test given by the Firm to those
.8 drivers issued a Certificate of Driving Experience or Training must
9 also meet the drive test route requirements and drive test standards
10 used by DMV to test commercial drivers. DMV will provide the Firm
11 with information concerning these requirements and criteria.
.12 15. The Firm shall provide each driver who takes and passes the driving
13 test with proof of the same on a form approved and provided by DMV.
14 16. At the discretion of DMV, the Firm shall permit DMV to test a sample
.15 of its drivers examined and certified by the Firm. The selection of
16 drivers to be tested will be determined by DMV. Any of those
17 drivers who fail the test may be required by DMV to pass a DMV
18 administered test. The employer shall notify the driver of this
19 requirement.
20 17. The Firm shall keep records showing information on training given
21 each driver.;issued a certificate based on training, allowing •for the
22 waiving of-the drive test administered by the Department of Motor
23 Vehicles. The Firm shall meet the following requirements for these
24 training records:
25 The Firm shall keep training records for at least three years.
26 after the driver's employment is terminated.
27 The Firm shall open records of training for DMV inspection
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STATE OF CALIFORNIA
STD. 113 IREV. 8.72,
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1 The Firm.'s training records shall include the following:
2 - the instructor's .name and address
3 - the driver's name, address, and driver license number
4 - the type of instruction
5 - the date instruction was given
6 - - the subjects covered
7 - the total hours of instruction
8 - the results of any driver testing
9 18. DMV may suspend or revoke the employer number issued to the Firm for
10 cause as stated in Section 100.10 (f) of Title 13 of the California
11 Code of Regulations.
12 19. The Firm agrees to comply with all applicable requirements of
13 Title 13 of the California Code of Regulations as they apply to this
14 program.
15 20., The Firm agrees to defend, indemnify and hold harmless DMV and its
16 officers, agents, and employees from any and all claims, actions,
17 damages or losses which may be brought or alleged against DMV, its
18 officers, agents, or employees by reason of the negligent, improper,
19 or unauthorized certification of drivers by the Firm.
20 21. This Agreement is not assignable by the Firm, either in whole or in
21 part, without the written consent of DMV.
�2 22. The Firm and its officers, agents and employees shall act in an
23 independent capacity and not as officers, agents, or employees of
24 DMV.
25 23. If the Firm utilizes a subcontractor in the performance of this
26 Agreement, that subcontractor shall be subject to the same
27 requirements as are identified in this Agreement for the Firm. The
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STATE OF CALIFORNIA
STD. 113 (REV. 8.721
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1 Firm shall be held liable for all program related activities of the
2 subcontractor.
3 24. DMV shall charge the Firm a fee, as determined by DMV, which is
4 sufficient to defray the actual costs incurred by DMV for
5 administering and evaluating the Firm's testing and training program
6 and- for carrying out any other activities deemed necessary by DMV to
7 assure sufficient training for the drivers participating in the
8 program.
9 In witness thereof, this Agreement has been executed, by and on behalf of
10 'the parties hereto, the day and year first written below, and shall cover
11 the period set forth in number 2 above.
12
13
14 -
15
16
17
18 Date:
19
COUNTY OF CONTRA COSTA, CALIFORNIA CONTRACTOR
20
By — - By
21 Designee
22 Approved: County Administrator (Designate official capacity)
By
23
Designee
24 Recommended by Department
By
25
Desi gnee
26
27
COURT PAPER
STATE OF CALIFORNIA
STD 113 (REV. B•721
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