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HomeMy WebLinkAbout04051 - WEST COVINA DRIVER TRAINING PROGRAM A My Computer Reflection ■ File Edit Connection Setup Script Window Help Network [ City of Palm Springs ] [0429991 Neighborhood Tran [C ]* [ Records Management System ] [ ][ ] Update Agreement Microsoft Agreement [04051 l* [Enter Y for automatic number] [ ] Outlook [CITY OF WEST COVINA DEFENSIVE DRIVER PROG FOR EMPLOYEES/VOLUNTEERS ] [COP] A4051 MO6288 12-16-98 NEVER EXECUTED RESC 4-21-99 M06387 l Internet Explorer [Category ] [PROPERTY - CITY 7 [Sub Category] [110-006 ]* [COMPUTER 1/98 - l Date [12/16/19981 MO [6288 ] Res [ ] Ord [ ] © Deed [ ] Vol [ 7 Pg [ ] Sec [ ] T [ ] R L ] CorelQuattro Document Loc [ ] Name [ ] Author [ ] Pros Locat Code [ ] Locator Same as Key [ ] Reten Dt [ ] Destr Dt [ ] Flm Dt [ ] Reel [ l All Actions were Microfilmed?Pi [ ] The entries were changed. Certrak Pro Set 1 Go To Action Extra Assoc Agreemnt Search Exit v4.0 Next Set Last Set Index Action OF PALAl P� City of Palm Springs u s Department of Administrative Services t, Risk Management Division yj t C�Cr"Op. MEMORANDUM Date: December 18, 1998 To: City Clerk From: Barbara Elg Subject: Driver Training Could I get a copy of the signed agreement for our files. Thanks [ City of Palm Springs ] [1222981 Iran [SHOW] * [ Records Management System ] [ ] [ ] Update Agreement Agreement [04051 ] * (Enter Y for automatic number) [ ] [CITY OF WEST COVINA DEFENSIVE DRIVER PROGRAM $49,910 FOR EMPLOYEES &] [VOLUNTEERS (COP) A4051 MO6288 12-16-98 ] [Category ] [PROPERTY - CITY ] [Sub Category] [117-048 ] * [COMPUTER 1/98 - ] Date [12/16/19981 MO [6288 ] Res [ ] Ord [ 1 Deed [ ] Vol [ ] Pg [ ] Sec [ ] T [ ] R [ ] Document Loc [ ] Name [ ] Author [ ] Locat Code [ ] Locator Same as Key [ ] Reten Dt [ ] Destr Dt [ ] Flm Dt [ ] Reel [ ] All Actions were Microfilmed? [ ] The entry is shown. Il �fJl e a�'o� CCG/tr� d's d' Qi fy R fl , pr a DATE: December 16, 1998 TO: City Council FROM: Risk Manager via City Manager DEFENSIVE DRIVER TRAINING PROGRAM RECOMMENDATION: That the City Council approve eight hours of instruction for both employees and volunteer Citizens on Patrol who drive City Vehicles. City vehicle drivers participating in the training program will not exceed 322 students, at a maximum training cost of$49,910. There will be an additional overtime cost, estimated at $7,000, for the Fire Department to provide full firefighting coverage during this training. Thera, is no impact in overtime for the Police Department, because Risk Management has coordinated with the Police Department to provide this training during the quarterly McCann Plan Police Training schedule. All proposed funds covering these costs have been set aside in this year's Risk Management Division's Loss Containment Account 365-0904-8027 specifically budgeted for this purpose. BACKGROUND: Each year for the past three years, Risk Management has set aside a portion of the training cost to accumulate sufficient funding for a comprehensive defensive driver training program. Several types and manufacturers of simulators and various instruction techniques and methods used by training programs in place have been evaluated by staff, including programs offered by the Joint Powers Insurance Authority located here in the Coachella Valley, the Sheriff's Department in San Bernardino, and the City of West Covina's Police Department. Based upon the multiple components which are required in order to produce effective results, clearly the most impressive of all those evaluated is the program offered by the City of West Covina. Notwithstanding the City's desire to send employees through the West Covina Training program at their standard,on-site cost of$165 per student,the City was unable to reconcile the additional inconvenience to attendees and additional costs of travel and overtime for the four hours en route to and from West Covina, plus eight hours in training. To make this program a viable option for our City staff, West Covina has not only agreed to reduce their per student rate from $165 to$155,they have also agreed to come to Palm Springs and train our staff here at our own facility. The City, in return for the savings offered by West Covina, was required to guarantee a minimum of 200 students. This produces no negative impact to the City, however, because we have approximately 300 employees and volunteers (C.O.P.'s) who drive City vehicles and who need this training. The City of West Covina Police Department will be transporting four(4) driving simulators and installing them in Palm Springs' Police Department Training Room. They will also transport a mechanical skid car device attached to their own vehicle. Additionally, they will be setting up an obstacle course on the abandoned runway South of the Airport. There will be four hours of"Hands On"obstacle course, skid car training and four hours of class room (Top Driver Program sponsored by the National Safety Council) and Simulator training. This course teaches low speed maneuvering,collision avoidance, and basic decision making driving skills. The City of West Covina Police Department Trainers have scheduled a full month,beginning the week of January 4, 1999, for set up. Instruction will be offered January 11, through February 4, 1999. West Covina Trainers have worked closely with training coordinators of Palm Springs Police Department and Fire Department to offer our employees specialized and customized simulations in"Code Three"pursuits and responses. The eight hour training session is P.O.S.T. (Peace Officer Standards & Training) Certified. Therefore, P.O.S.T. will reimburse the City a $72 portion of the individual cost to all sworn Police Officers. 719�� Approximately 50 of our Police Officers qualify for this reimbursement. West Covina has also worked closely with other Division's requirements (Transportation, Facilities, Engineering, etc.)to accommodate their special training needs. The City of West Covina has discussed the possibility of forming a Joint Powers Authority with several other public entities to offer this training to its JPA member locations on an ongoing basis. The training program developed for the City of Palm Springs at our facility will serve as West Covina's Pilot Evaluation of the JPA concept. If this JPA materializes into a reality,West Covina has expressed its interest that the City of Palm Springs become _involved as JPA members. Should the JPA develop, Risk Management will bring this back to the City Council for its review and determination. A remarkable advantage of our participating in these training exercises is the opportunity to determine how much the driver training reduces the City's incidents of vehicle accidents. As the Coachella Valley population increases each year, the exposure to vehicle accidents also increases. Risk Management will monitor closely accident trends and prepare data analysis for the City Council to be able to evaluate accident avoidance effectiveness in the future and how it relates to this comprehensive driver training experience. �ct 2c� c �2�t NANCY JO MC NTOSH Risk Manager _ APPROVED: City Manager Attachment: 1. Agreement 2. Minute Order 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below,this Agreement shall commence on or about January 11, 1999, and shall continue in full force for an approximate four week period(until on or about February 5, 1999)while trailing occurs. It shall terminate when all training has been completed. The parties acknowledge that in the event of equipment failure,the four week period will be extended for the time such equipment was not operational. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time,with or without cause, upon fifteen(15)days'written notice to the other party. Upon receipt of the notice of termination, the WC shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by PS, WC shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and PS shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. WC covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account-of race, color, creed,religion, sex, marital status,national origin, or ancestry in the performance of this Agreement. WC shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color,creed,religion, sex,marital status, national origin or ancestry. 6.2 Non-liability of PS Officers and Employees. No officer or employee of PS shall be personally liable to the WC, or any successor in interest, in the event of any default or breach by PS or for any amount which may become due to WC or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of PS shall have any financial interest, direct or indirect,in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly,interested,in violation of any State statute or regulation. WC warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document,consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of PS,to the PS City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of WC, to the duly authorized Representative of WC designated in section 3.1 of this Agreement. 6,5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against,either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. \WOW F92\276\099999-300M2022693.2 m08/22N5 Rpiwd09/01/98 74(p 6.6 Integration:Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any,between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 —Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.9 Attorne. sv 'Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(1)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii)by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. This Agreement may be signed in counterparts. CITY OF PALM SPRINGS A municipal corporation BY: _ City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney FSZ276W999993000M226912 MOR/22195 Reviud09 ]198 -4-