HomeMy WebLinkAboutContracts & Agreements_93-1995_CCv0001.pdf - 7
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4 EMPLOYER TESTING PROGRAM AGREEMENT
5 Employer Number
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7 1. This Agreement is between the Department of Motor Vehicles,hereinafter referred to as DMV,
S and the City of Redlands ,hereinafter referred to as the Firm,for the
9 purpose of DMV ecxepting Cites of Driving Skill issued by the Firm in lieu of driving tests on
10 Class A or Class 8 license applications when the applicant is employed by the Firm and the
11 applicant has met the other requirements for the license for which he or she is applying.
12 2. This Agreement and the empleyer number issued to the Firm by DMV shall expire at the same
13 time.The term of expiration shah be for up to ane year and shall be renewed annually.
14 3. This Agrawnent is Subject to acts of the Federal Govemment pursuant to the Commercial Motor
15 Vehicle Saf@W Act of 1986 which may affect the provisions or terms of this Agreement and to any
16 restrictions, limitations, or conditions WOcted by the California State Legistature and any
17 regulations promulgated punnam thereto,which may affect the provisions or terms herein in
18 any manner.
19 4. Nosmendment,alteration.or variation of the terms of this Agreement shall be valid unless made in
20 writing and signed by the parties hereto, and no oral understanding or agreement, not
21 incorporated herein,shall be binding on either parry.
22 S. This Agreement is subject to the right of either party to terminate the Agreement at any time
23 without cause by giving the other party at least thirty (30) days prior written notice of such
24 termination.
25 S. The Firm shall be engaged in an activity which includes use of vehicles requiring the driver to
26 possess a Class A or Class 8 license.
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1 7. The Firm shall provide proof of the availability of a minimum of five (5)vehicles (at least two of
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2 which are power units)which require the driver to possess a C€ass A or C€ass B license to operate.
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3 !j Proof may be by license plate numbers ora copy of the lease agreement or contractual agreement
4 showing that the required vehicles are available.
5 8. The Firm shall have all required drive tests conducted by an examiner who holds a valid California
6 Class A or Class B driver license of the type appropriate for the test vehicle,who has a satisfactory
7 driving record,and who is not on probation for negligent operation of a motor vehicle.
8 9. An officer,agent,or employee of the Firm may not act as examiner or certifier for himself and her-
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9 self or his or her own relative or supervisor.A separation of duties must exist to prevent conflict of
10 interest between the examiner, certifier or administrator.
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11 I 1 10. Driver Testing and Training Required for all Drivers.
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12 ! a. The Firm shall provide for, and require that its drivers participate in, a driver testing and
13 ongoing training program which includes a drive test for each new driver employed,including
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14 persons currently holding commercial licenses.
15 b. The drive test given each new driver employed by the Firm shall include the following:
16 ? pre-trip safety inspection
17 '' * placing vehicle or combination in operation
18 use of vehicle controls and emergency equipment
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19 • operating vehicle in traffic on public roads, and while passing other vehicles
20 turning the vehicle
21 • braking,and slowing by means other than braking
22 • backing and parking the vehicle.
23 11. Drive test requirements for issuance of a Certificate of Driving;kill.
24 a. The drive test given by the Firm to those drivers issued a Certificate of Driving Skill must meet
25 the drive test route requirements and drive test standards established by DMV to test
26 '' commercial drivers. DMV will provide the Firm with information concerning these require-
27 ments and standards. DMV will also provide a sample of the drive test score sheet the firm is
28 required to use to record and evaluate the driver's performance on the test.
DL 520B(REV.6!92}
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1 b. The Firm shall issue Certificates of Driving Skill only to employees of the Firm who are: (1)
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2 employed by the Firm at the time the certificate is issued,and(2)required by law to hold a com-
3 ! mercial license to operate commercial vehicles in the course of employment with this Firm.
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4 c. The Certificate of Driving Skill will not be accepted in lieu of the DMV drive test for drivers of
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5 tour buses.
6 d. At the discretion of DMV,the Firm shall permit DMV to test a sample of its drivers examined
? and certified by the Firm.The selection of drivers to be tested will be determined by DMV.Any
8 drivers who fail the test may be required by DMV to pass a DMV-administered test. The
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9 employer shall notify each driver of this possibility.
10 12. Required Records.
11 a. The Firm shall keep records showing information on training given its drivers. The Firm's
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12 training records shall include the following:
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13 j • the instructor's full name and address
14 ii • the driver's full name,address,and driver license number
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15 1 • the type of instruction
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16 • the date instruction was given
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17 'l • the subjects covered
18 * the total hours of instruction
19 • the drive test examiner's name and driver's license number
20 • the results of any driver testing conducted in conjunction with the training.
21 b. The Firm shall keep training records for the most recent three years during the driver's employ-
22 ment and a minimum of three years from the date the driver is released from employment.
23 c. The Firm shall document their drive test route.A map of,or written directions for the drive route
24 must be available for DMV inspection.
25 d. The Firm shall keep a copy of the following:
26 • the drive test score sheets used for each driver issued a Certificate of Driving Skill
27 • the results of each drive test given all new drivers employed, including persons currently
28 holding commercial licenses.
DL 5208(REV.6192)
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1 The Firm shall make such copies available during any inspection.
2 e. At DMV`s request,the employer shall make records available which verify that drivers issued
3 Certificates of Driving Skill are employees of the Firm at the time of certification.
4 13. The Firm shall open its records pertaining to driver testing,training and qualifications for DMV
5 inspection during normal business hours.
6 14. The Firm shall allow DMV or its representatives, and the Federal Highway Administration or its
7 representatives, to conduct random examinations, inspections,and audits without prior notice
8 during regular business hours.
9 15. The Firm shall permit DMV or its representative to conduct on-site inspections at least
10 annually,during normal business hours,to be determined by DMV.
11 16. DMV may take prompt and appropriate remedial action against a firm which fails to comply with
12 the standards for the commercial driver license testing program, or with any other term of
13 this Agreement.
14 17. DMV may terminate this Agreement for cause and cancel, suspend, or revoke the employer
15 number issued to the Firm if the firm violates any provision of this Agreement,upon 15 days prior
16 written notice of such action.
17 18. DMV may terminate this Agreement for cause and without prior notice, if the Director of Motor
18 Vehicles finds that the public interest so requires.
19 19. The Firm agrees to defend, indemnify and hold harmless DMV and its officers and employees
20 from any and all claims,actions,damages or losses which maybe brought oralleged against DMV,
21 its officers or employees by reason of the negligent or unauthorized certification of drivers by
22 the Firm.
23 20. This Agreement is not assignable by the Firm,either in whole or in part,without the prior written
24 consent of DMV.
25 21. The Firm and its officers,agents and employees shall act in an independent capacity and not a
26 officers,agents or employees of DMV.
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DL 5200{REV.6/921
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1 22. If the Firm utilizes a subcontractor in the performance of this Agreement.the subcontractor shall
2 be subject to the same requirements as are identified in this Agreement for the Firm.The Firm shall
3 be res ruble and held liable for all program-related activities of the subcontractor.
4 23. DMV shall charge the Firm a fee,as determined by DMV and established by regulation,which is
5 sufficient to defray the actual costs incurred by DMV for administering and evaluating the Firm's
6 testing and training programs and for carrying out any other activities deemed necessary by DMV
7 to assure sufficient training and testing of the drivers participating in the program.
8 24. This Agreement shall be governed by and construed in accordance with the laws of the State
9 of California.
10 In witness thereof,this Agreement has been executed,by and on behalf of the parties hereto,the day
11 and year written below, and shall remain in effect until terminated in accordance with the terms of
12 this Agreement
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14 CITY OF REDLANDS
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17 Dated: December 19, 1995
Swer, Larson, Mayor
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December 19, 1995
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Dated: By:
19 _�9irie Poyz��(qitv Clerk
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21 Dated: By:
22 Authorized Representative,
Employers Testing Program Unit
23 Department of Motor Vehicles
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1 22. If the Firm utilizes a subcontractor in the performance of this Agreement,the subcontractor shall
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2 be subject to the same requirements as are identified in this Agreement for the Firm.The Firm shall
3 be responible and held liable for all program-related activities of the subcontractor.
4 23. DMV shall charge the Firm a fee,as determined by DMV and established by regulation,which is
5 sufficient to defray the actual costs incurred by DMV for administering and evaluating the Firm's
6 testing and training programs and for carrying out any other activities deemed necessary by DMV
7 to assure sufficient training and testing of the drivers participating in the program.
8 24. This Agreement shall be governed by and construed in accordance with the laws of the State
9 of California.
10 In witness thereof,this Agreement has been executed,by and on behalf of the parties hereto,the day
11 and year written below, and shall remain in effect until terminated in accordance with the terms of
12 this Agreement
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14 City of Redlands
FIRM'S NAME
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9,5EN12-0--73
EMPLOYER NUMB"
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Dec . 19 , 1995
17 Dated: By-�/Z.
FIR AUTHOAJZEDrJN1STRXTDR
18 JAN z
Dated: By:
A
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REPRESENTATVE,
19 CMPLVSnNGRAENT OF M VEH
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OL 5208(REV.V92)
STA'M t TRANSPOWATM AND HOUS040 AGOICY
DEPARTMENT OF MOTOR VEHICLES
P BOX 944278
SACRAMENTO,CA 44-
( 16) 657-7830
Tao not destroy this utter. 61"
Employer Number 96EN1
Expiration Date December 01, 1996
City of Redlands
P. Q. Box 3005
Redlands, CA 92373
ATTIwi: Michael Sepulveda, Manager
Your application for an Employer Number has been approved. The assigned Employer Number for
your company is shown above. It is essential that this number be used when completing Certificate of
Driving Shill (DL-170) for bona fide employees of your company only.
If the number of vehicles leased or owned by you falls below the minimum required, your Employer
Number will be cancelled. It is your responsibility to maintain a minimum number of vehicles for the
duration of the Employer Number,
The Employer plumber is also to be used by all terminals listed on you Employer Testing program
Application (DL 520)that have the driver testing and training program.
The Certificate of Driving Skill (DL-170) will be accepted only when signed by those authorized
representatives who have"Signature Cards" (DL 520A) on file with this department. Enclosed are
duplicate signature cards for your records. If the person whose signature appears on this card leaves
your employ, you must return it to this department. All Signature Cards(DL 520A) must be signed by
you on the line indicated for Administrator's signature. An officer, agent, or employee of the firm may
not act as examiner or signer for his or her own relative or supervisor.
The required drive test must be conducted by an examiner who holds a valid California Class A or Class
B driver license of the type appropriate for the test vehicle, who has a satisfactory driving record and
who is not on probation for negligent operation of a motor vehicle.
For complete guidelines, please refer the Employer Testing Program Agreement (DL 5248). The
Employer Testing Program Handbook (DL 533) should be reviewed for program information.
Thank you for your cooperation as well as your efforts to snake California highways sate-
EMPLOYER
afe.En LO R TESTING PR(-'GRAM UNIT
La
Kat Howard, MVI` November 29, 1996
Enclosures
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