HomeMy WebLinkAboutORANGE COUNTY SUPERINTENDENT OF SCHOOLS 2 - 1999
N-1999- 126
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WORK MAY PROCEED
CLERK OF COUNCil 00
ADMINISTRATIVE DATE: 9- 1'1 - ff (' /'I) 01
MEMORANDUM OF UNDERSTANDING F I/l---
FOR THE PROVISION OF SUPPORT SERVICES FOR THE
GED TESTING PROGRAM BETWEEN THE
ORANGE COUNTY SUPERINTENDENT OF SCHOOLS
AND THE CITY OF SANTA
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This Memorandum of Understanding (MOU) is hereby entered into this 1!:ti day
of 5~iJ1 , 1999, by and between the Orange County Superintendent of Schools,
200 Kalmus Drive, Costa Mesa, CA 92626, hereinafter referred to as
SUPERINTENDENT, maintaining the Alternative and Correctional Education Schools
and Services (ACESS) Program, and the City of Santa Ana, 20 Civic Center Plaza, M-
29, PO Box 1988, Santa Ana, CA 92702, a charter city and municipal corporation of the
State of California, hereinafter referred to as CITY. SUPERINTENDENT and CITY
shall be collectively referred to as the Parties.
WHEREAS, SUPERINTENDENT wishes to provide GED testing for the benefit
of adult inmates housed in the City of Santa Ana's Police Department Jail Facility,
hereinafter referred to as JAIL; and
WHEREAS, SUPERINTENDENT is specially trained, experienced and
competent to conduct the GED Testing Program; and
WHEREAS, CITY is agreeable to allowing SUPERINTENDENT access to
inmates in order to administer the GED testing, hereinafter referred to as PROGRAM.
NOW, THEREFORE, it is mutually agreed as follows:
1.0 Term.
This MOU shall be effective for a period of one (1) year, commencing August 1,
1997 and continuing through July 31, 1998, and may be renewed on an annual basis'
for a period of four (4) additional years from the effective date, unless sooner
terminated by any of the parties in accordance with Section 12.0.
2.0 Duties and Responsibilities.
A. SUPERINTENDENT agrees to:
1. Administer GED testing to inmates housed in the JAIL.
2. Provide GED testing materials, equipment and supplies necessary
to administer the GED testing.
3. Administer one (1) session of GED testing per month which shall
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consist of two (2) consecutive days of testing from 1 0:00 a.m.
through 3:30 p.rn.
4. Provide the examinees' GED test scores within two (2) working
days after they have been received from the state GED office.
5. Provide a yearly schedule of GED testing dates to CITY.
6. Charge each inmate the following rates for the GED Testing:
1. Test #1 - Writing Skills $8.00
(includes $3.00 fee for composition)
2. Test #2 - Social Studies $5.00
3. Test #3 - Science $5.00
4. Test #4 - Reading Skills $5.00
5. Test #5 - Mathematics $5.00
6. State and GED Office $18.00
Registration/GED Certificate
$46.00
Retesting Fees:
1. Test #1 - Writing Skills
2. Tests - #2-5
$8.00 per test.
$5.00 per test
7. Inform CITY and examinees of any increase in fees that are due to
the General Educational Testing Center of the American Counsel
on Education rate adjustments.
B. CITY agrees to:
1. Provide a secure testing room with adequate space and testing
stations, i.e., desks, tables, chalkboard, clock or other means of
displaying written directions for SUPERINTENDENT to conduct
GED testing prior to each scheduled testing.
2. Make certain that examinees arrive on time for each scheduled
testing in order for the testing to operate on schedule.
3. Assign one (1) detention officer to remain inside the testing room
when the GED testing is being administered for safety purposes.
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4. Provide and validate parking spaces for SUPERINTENDENT's
employees to conduct the GED testing.
5. Provide lunches for examinees in testing room.
6. Provide breaks when necessary for SUPERINTENDENT's staff to
use the restroom facilities.
7. Collect the GED testing fees from the examinees and transfer the
funds to SUPERINTENDENT on a monthly basis.
8. The total funds to be expended during the one-year term of this
AGREEMENT shall not exceed $10,000.00
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3.0 Independent Contractor
SUPERINTENDENT is and at all times shall be deemed to be an independent
contractor and shall be wholly responsible for the manner in which the services required
by the terms of this MOU are performed. Nothing herein contained shall be construed
as creating the relationship of employer and employee, or principal and agent, between
the SUPERINTENDENT and CITY or any of CITY's agents or employees.
SUPERINTENDENT assumes the responsibility for the acts of its employees or agents
as they relate to the services to be provided during the scope of their employment.
SUPERINTENDENT, its agents, officers, and employees, shall not be entitled to any
rights, and/or privileges of CITY's employees and shall not be considered in any
manner to be CITY's employees.
4.0 Insurance.
SUPERINTENDENT agrees to provide worker's compensation insurance for
SUPERINTENDENT's employees as required by California law.
5.0 Personnel.
SUPERINTENDENT and CITY shall retain complete and absolute authority over
their respective staff members assigned to the PROGRAM. Neither party has the
authority to discipline, suspend, or terminate from employment, or take action against
the other parties officers, agents, or employees.
6.0 Duty to Provide Fit Workers.
SUPERINTENDENT and CITY shall at all times enforce appropriate discipline
and good order among their employees and shall not knowingly employ any unfit
person or anyone not skilled in providing the services required under this MOU. Any
person in the employ of the SUPERINTENDENT or CITY whom SUPERINTENDENT or
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CITY deems incompetent, unfit, intemperate, troublesome or otherwise undesirable
shall be excluded from providing services under this MOU and shall not again provide
services except with written consent of the other party. In the event that CITY requests
that SUPERINTENDENT exclude an employee of SUPERINTENDENTS from providing
services under this MOU, SUPERINTENDENT may terminate this AGREEMENT.
7.0 Confidentiality.
SUPERINTENDENT and CITY shall maintain confidentiality of their respective
records and information, concerning the examinees served pursuant to all
applicable federal and/or state laws or regulations as each may now exist or be
hereafter amended or enacted.
8.0 Hold Harmless.
A. CITY agrees to and does hereby indemnity, hold harmless and defend the
SUPERINTENDENT, the Orange County Board of Education and its officers,
agents and employees, from every claim or demand made and every liability,
loss, damage or expense, of any nature whatsoever, which may be incurred by
reason of liability for damages for (1) death or bodily injury to person; (2) injury
to, loss or theft of property; or (3) any other loss, damage or expense arising out
of (1) or (2) above, sustained by CITY or any person, firm or corporation
employed by CITY, either directly or by independent contractor, upon or in
connection with the services called for in this MOU, however caused, except for
liability for damages referred to above which result from the sole negligence or
willful misconduct of the SUPERINTENDENT, the Orange County Board of
Education, or its officers, employees or agents.
B. SUPERINTENDENT agrees to and does hereby indemnity, hold harmless
and defend CITY, its officers, agents and employees, from every claim or
demand made and every liability, loss, damage or expense, of any nature
whatsoever, which may be incurred by reason of liability for damages for (1)
death or bodily injury to person; (2) injury to, loss or theft of property; or (3) any
other loss, damage or expense arising out of (1) or (2) above, sustained by the
SUPERINTENDENT or any person, firm or corporation employed by the
SUPERINTENDENT, either directly or by independent contract, upon or in
connection with the services called tor in this MOU, however caused, except for
liability for damages referred to above which result from the sole negligence or
willful misconduct of CITY, its officers, employees or agents.
C. Neither party hereto may assert against the other party any claim in
connection with this AGREEMENT unless the asserting party has given the other
party written notice of the claim within six (6) months after the asserting party first
knew or should have known of the facts giving rise to such claim.
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9.0 Emergencies.
Any emergency situation affecting the welfare of SUPERINTENDENTS
employees or the examinees including but not limited to riot. fire, flood and natural
disaster shall be immediately communicated between the Parties.
10.0 Records and Retention.
SUPERINTENDENT shall have access to records of CITY pertinent to the
services performed pursuant to this MOU for auditing and evaluation purposes. Each of
the Parties shall maintain all pertinent records for a period of five (5) years from the
termination of this MOU or for any period required thereafter-by statute.
11.0 Non-discrimination.
CITY and SUPERINTENDENT agree that they will not engage in unlawful
discrimination in employment of persons because of race, color, religious creed,
national origin, ancestry, disability, age, medical condition, marital status, gender or
sexual orientation.
12.0 Conflict of Interest Clause
SUPERINTENDENT covenants that it presently has no interests and shall not
have interests, direct or indirect, which would conflict in any manner with performance
of services specified under this MOU.
13.0 Termination.
This MOU may be terminated by either party without cause upon notification to
the other party in writing thirty (30) calendar days in advance of the desired date of
termination.
14.0 Waiver of Breach
The failure of SUPERINTENDENT or CITY to seek redress for violation of, or to
insist upon, the strict performance of any term or condition of this MOU, shall not be
deemed a waiver by that party of such term or condition, or prevent a subsequent
similar act from again constituting a violation of such term or condition.
15.0 Non-assignment of Agreement
Inasmuch as this AGREEMENT is intended to secure the specialized services of
SUPERINTENDENT, SUPERINTENDENT may not assign, transfer, delegate,
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subcontract or sublet any interest therein without the prior written consent of the CITY
and any such assignment, transfer, delegation, subcontract or sublease without the
CITY's prior written consent shall be considered null and void,
16.0 Notice.
All notices or demands to be given under this MOU by any party to the others,
shall be in writing and given either by (a) personal service or (b) by U,S, Mail, mailed by
certified mail, return receipt requested, with postage prepaid, Service shall be
considered given when received if personally served, or if mailed on the fifth (5th) day
after deposit in any U,S, Post Office, The address to which notices or demands may be
given by any party may be changed by written notice given in accordance with the
notice provisions of this section, At the date of this MOU, the addresses of the parties
are as follows:
To CITY:
To SUPERINTENDENT:
Santa Ana Police Department
60 Civic Center Plaza, M-97
PO Box 1981
Santa Ana, CA 92702
Attn: Chris Williams
Orange County Superintendent of Schools
200 Kalmus Drive
PO Box 9050
Costa Mesa, CA 92628-9050
Attn: Patricia Monroe
17. CITY's Contact Person
For the purposes of this AGREEMENT, Property Manager, Chris Williams, or her
designee, will be the CITY's contact person for all matter relating to this AGREEMENT,
All contract responsibilities that belong to the CITY will be coordinated and managed by
Chris Williams,
18. Exclusivity and Amendment of Agreement
This AGREEMENT represents the complete and exclusive statement of this
AGREEMENT between the CITY and SUPERINTENDENT, and supersedes any and all
other agreements, oral or written, between the parties, This AGREEMENT may not be
modified except by written instrument signed by authorized representatives of the CITY
and SUPERINTENDENT,
(Continued,)
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19. Validity
If any term, covenant, condition or provision of this AGREEMENT is held by a
court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed.
ATTEST:
CITY OF SANTA ANA, a municipal
corporation of th,e State of California
~~
City Manager
~ i/:flJ '
~ Ja . e C. Guy j
Clerk of the Council
APPROVED AS TO FORM:
ORANGE COUNTY
SUPERINTENDENT OF SCHOOLS
717hofl-
Hugh Halford
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
95-6OOl943
Employer ID # or Individual SS #
Q'brA,
Paul M. Walters
Chief of Police
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