HomeMy WebLinkAbout25H - AGMT - GED TESTING SRVSN ,!� ar.
6
CITY COUNCIL MEETING DATE:
JANUARY 7, 2014
TITLE:
AGREEMENT WITH ORANGE
COUNTY SUPERINTENDENT OF
SCHOOLS FOR GED TESTING
SERVICES
CITY MANAGE
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute a three -year agreement with the
Orange County Superintendent of Schools to administer GED testing to inmates incarcerated in
the Santa Ana Jail Facility in an amount not to exceed $20,000 per year and an aggregate sum
of $60,000 for a 3 year period, subject to non - substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
In accordance with California Code Title 15, Section 1061, Santa Ana Jail is required to offer
educational programs to both non - sentenced and sentenced inmates. The GED program fulfills
this state requirement as well as provides societal benefits of engaging incarcerated individuals in
self- development behaviors. The funding for this program comes from the Inmate Welfare
Fund, which is derived from a percentage of inmate commissary and phone usage sales.
The program is administered by the Orange County Superintendent of Schools staff at the jail
facility on a monthly basis. Approximately 150 individuals take the GED test per year. Annual
costs will vary according to the number of test administered but will not exceed $20,000.00 per
year. Funding for this three -year agreement will not exceed $60,000 over the term of the
agreement. This agreement may be terminated by the City upon thirty -day written notice of
termination.
FISCAL IMPACT
Funds for this agreement are available in the Inmate Welfare Fund contract services account (no.
02314475 62300).
Carlos Rojas
Acting Chief of Police
Police Department
APPROVED AS TO FUNDS AND ACCOUNTS:
~A��b S_h� V , �_
Francisco Gutierrez
Executive Director
Finance & Mgmt. Services Agency
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Contract Number: 39$9$
SERVICE AGREEMENT
FOR THE PROVISION OF GED TESTING SERVICES
BETWEEN
SANTA ANA POLICE DEPARTMENT
AND
ORANGE COUNTY SUPERINTENDENT OF SCHOOLS
This AGREEMENT is hereby entered into this Vm day of July, 2013,
by and between 'tri®;6rahg& L'ounty Superinten�cent-tif'Scriools, 200 Kalmus
Drive, Costa Mesa, California 92626, hereinafter referred to as
SUPERINTENDENT, maintaining the Alternative, Charter and Correctional
Schools and Services (ACCESS) Program, and the Santa Ana Police
Department, 52 Civic Center Plaza, Santa Ana, California 92702,
hereinafter referred to as DEPARTMENT, SUPERINTENDENT and DEPARTMENT
shall be collectively referred to as the Parties. WHEREAS, DEPARTMENT
is in need of .GED- Testing services on Saturdays to make testing more
available to the community; and
WHEREAS, SUPERINTENDENT is specially trained, experienced and
competent to conduct the GED Testing services; and
WHEREAS, DEPARTMENT is agreeable to allowing SUPERINTENDENT to
administer GED testing, hereinafter referred to as PROGRAM,
NOW, THEREFORE, the Parties hereby agree as follows:
1.0 TMIM. The term of this AGREEMENT shall commence on July 1,
2013, and end on June 30, 2016, unless sooner terminated by any of the
parties in. accordance with Sections 5.0 and 11.0 of this AGREEMENT.
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2.0 DUTIES AND RESPONSIBILITIES.
A. SUPERLNTENDENT agrees to:
1. Administer GED testing to examinees and public examinees
identified by DEPARTMENT.
2. Provide GED testing materials, equipment and supplies
necessary to administer the GED testing,
3. Administer at least one (1) GED testing session per month
consisting of one (1) Saturday; duration of session not to
exceed nine (9) hours, All examinees must be in the
testing room for registration and testing will begin on
time. GED Testing will take place at Santa Ana Police
Department Sail Facility,
4. Provide yearly schedule of GED testing dates to DEPARTMENT,
5. Charge each examinee the following rates for the GEL
Testing:
(a) Full Battery (English or Spanish) $125.00
Each Battery (5 subject tests, 1
Certificate & 1 official transcript)
(b) Repeat- any test $ 25.00
(c) Duplicate Certificate $ 20.00
(d) Extra Transcript $ 7.00 ea.
(e) Score Challenge $ 7.4.00 ea,
(f) Process Change of Information/
Address form $ 15.00 ea.
Error fees:
• Blank or incorrectly bubbled
Demographic ar answer form $20.00 per field
• ink Bubbles $20.00 per field.
• Retest submitted without
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2.5
Pre - assigned ID# $20.00 per test
6. GED Examiners Fee Four hundred fifty ($450,00) dollars per
two (2) day examination period in addition to the
individual test fees charged; fees will be subject to
change beginning January 1, 2014 due to GED grogram
changes.
7. Inform DEPARTMENT and examinees of any increase in fees
that are due to the California Department of Education,
American Council on Education, or General Educational
Testing Services of the rate adjustments.
A. DEPARTMENT 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.
Provide parking spaces close to
the entrance of facility to
Insure safe transport- of the GED testing materials,
3.
Provide SUPERTNTENDENT's staff
assistance, when necessary,
during testing to allow
SUPERINTENDENT staff a
break /emergency release time.
4.
Provide easy and immediate access to DEPARTMENT staff
member via intercom, telephone
or other reliable means of
communication,
5. Collect the GED testing fees from the examinees and
transfer the funds to SUPERTYPENDENT on a monthly basis.
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Payment shall be mailed to: Orange County Superintendent of
Schools, 200 Kalmus Drive, Costa Mesa, California 92626, or
at such other place as SUPERINTENDENT may designate in
writing.
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 AGREEMENT are performed. Nothing herein contained shall be
construed as creating the relationship of employer and employee, or
principal and agent, between the SUPERINTENDENT and DEPARTMENT'S or
any of DEPARTMENT'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 DEPARTMENT'S employees
and shall not be considered in any manner to be DEPARTMENT'S
employees.
4.0 PERSONNEL. SUPERINTENDENT and DEPARTMENT shall retain complete
and absolute authority over their respective staff members assigned to
the GED Testing Center. Neither party has the authority to discipline,
suspend, or terminate from employment, or take action against the
other parties staff members.
5,0 DUTY TO PROVIDE PTT WORKERS. SUPERINTENDENT and DEPARTMENT
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
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AGREEMENT, Any person in the employ of the SUPERINTENDENT or
DEPARTMENT whom SUPERINTENDENT or DEPARTMENT deems incompetent, unfit,
intemperate, troublesome or otherwise undesirable shall be excluded
from providing services under this AGREEMENT and shall not again
provide services except with written consent of SUPERINTENDENT or
DEPARTMENT. Collect the GED testing fees from the examinees and
transfer the funds to SUPERINTENDENT on a monthly basis.
6.0 CONFIDENTIALITY, SUPERINTENDENT and DEPARTMENT 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.
7.0 HOLD HARMLESS.
A. DEPARTMENT agrees to and does hereby indemnify, 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 persons (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 DEPARTMENT or any person, firm
or corporation employed by the DEPARTMENT, either directly or by
independent contract, upon or in connection with the services called
for in this AGREEMENT, however caused, except for liability for
damages referred to above which result from the sole negligence or
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willful misconduct of the SUPERINTENDENT, the Orange County Hoard of
Education, or its officers, employees or agents.
S. SUPERINTENDENT agrees to and does hereby indemnify, hold
harmless and defend DEPARTMENT, 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 for in this AGREEMENT, 'however
caused, except for liability for damages referred to above which
result from the sole negligence or willful misconduct of DEPARTMENT,
its officers, employees or agents.
8.0 EMERGENCIES. Any emergency situation affecting the welfare of
minors including but n.ot limited to riot, fire, flood and natural
disaster shall be immediately communicated between the Parties.
9.0 RECORDS AND RETENTION. SUPERINTENDENT shall have access to
books, documents, and records of DEPARTMENT pertinent to services
performed in this AGREEMENT for auditing and evaluation purposes.
DEPARTMENT shall have access to books, documents and records of
SUPERINTENDENT pertinent to services performed in this AGREEMENT for
purposes of audit and evaluation. Each of the parties shall maintain
and preserve all books, financial statements, journals, ledgers, and
other pertinent documents for a period of five (5) years from the
'age 6
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termination of this AGREEMENT or for any period required thereafter by
statute.
10.0 NON - DISCRIMINATION. DEPARTMENT and SUPERINTENDENT agree that
they will not engage in unlawful discrimination in employment of
persons because of race, color, religious creed, national origin,
ancestry, physical handicap, medical condition, marital statue, or sex
of such persons.
11,0 TERMINATION. This AGREEMENT may be terminated by either party
for cause upon notification to the other party in writing thirty (30)
days in advance of the desired date of termination.
12.0 TOBACCO USE POLICY, In the interest of public health,
SUPERINTENDENT provides a tobacco-free environment. Smoking or the
use any tobacco products are prohibited in buildings and vehicles, and
on any property owned, leased or contracted for by the SUPERINTENDENT
pursuant to SUPERINTENDENT Policy 400.15. Failure to abide with
conditions of this policy could result in the termination of this
AGREEMENT.
13.0 NOTICE, All notices or demands to be given under this AGREEMENT
by either party to the other, shall be in writing and given either by:
(a) personal service or (b) by U.S. Mail, mailed either by registered
or certified mail, return receipt requested, with postage prepaid.
Service shall be considered given when received if personally served
or if mailed on the third day after deposit in any U.S. Post Office.
The address to which notices or demands may be given by either party
may be changed by written notice given in accordance with the notice
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provisions of this section. At the date of this AGREEMENT, the
addresses of the parties are as follows:
DEPARTMENT: Santa Ana Police Department
52 Civic Center Plaza
Santa Ana, California 92702
Attn: Donna Estrada
SUPERINTENDENT: Orange County Superintendent of Schools
200 Kalmus Drive
P.O. Box 9050
Costa Mesa, California 92625^ -9050
Attn: Patricia McCaughey
14.0 MISCELLANEOUS.
A. The failure of SUPERINTENDENT or DEPARTMENT to see), redress
for violation of, or to insist upon, the strict performance cf any
term or condition of this AGREEMENT, 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.
B. This AGREEMENT and any exhibits attached hereto constitute the
entire agreement among the Parties to it and supersedes any prior or
contemporaneous understanding or agreement with respect to the
services contemplated, and may be amended only by a written amendment
executed by both Parties to the AGREEMENT.
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IN WITNESS WHEREOF, the Parties hereto have caused this
AGREEMENT to be executed.
SANTA ANA POLICE DEPART ENT ORANGE C
OF SCHOO
BY: BY: I
Authorized Signature Aut
PRINT NAM Cjj-X s PRINT NAME:
TITLE: �'oucE.— TITLE: Coc
DATE: l` /P e+ DATE: Octc
(Santa Ana Police Dept.- GED- Ineome(39898)16
2IP6
APPROVED AS TO FORM
Laura A. Rossini
Assistant City Attorney
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SUPERINTENDENT
13
ATTEST,
MARIA HUIZAR
Clerk of the Council
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
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