HomeMy WebLinkAboutORANGE COUNTY SUPERINTENDENT OF SCHOOLS 1 - 2003
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
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AGREEMENT NUMBER: 24150
AGREEMENT FOR THE PROVISION OF SUPPORT
SERVICES FOR THE GED TESTING PROGRAM
N-2003-022
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THIS AGREEMENT, made and entered into this 27th day of January, 2003 by and
between the Orange County Superintendent of Schools, maintaining the Alternative and
Correctional Education Schools and Services (ACCESS), hereinafter "Superintendent", and
the City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City"). Superintendent and
City shall collectively be referred to as the "Parties".
RECITALS
A. Superintendent wishes to provide GED testing for the benefit of adult inmates
housed in the Santa Ana Police Department Jail Facility, hereinafter referred to as
"Jail".
B. Superintendent is specially trained, experienced and competent to conduct the GED
Testing Program, hereinafter referred to as "Program".
C. City is agreeable to allowing Superintendent access to inmates in order to administer
the Program.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to
the terms and conditions hereinafter set forth, the parties agree as follows:
1. DUTIES AND RESPONSIBILITIES
A. Superintendent shall perform the following duties and responsibilities:
I. 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 (I) session ofGED testing per month which shall consist of
two (2) consecutive days of testing from 8:30 a.m. through 2:30 p.m.
4. Provide examinees' GED test scores within two (2) working days after they
have been received from the state GED office.
5. Provide a schedule ofGED testing dates to City every six months.
6. Charge the following rates for the GED Testing:
Test #1 - Writing Skills
Test #2 - Social Studies
Test #3 - Science
$7.90
$7.90
$7.90
"
Test #4 - Reading Skills
Test #5 - Mathematics
State and GED Office
Registration/GED Certificate
American Counsel on Education (ACE) fee $7.50
$7.90
$7.90
$18.00
$65.00
Retesting Fees
Test #1 - Writing Skills
Tests #2-5
$15.00
$10.00
per test
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 shall perform the following duties and responsibilities:
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 (I) detention officer to remain inside the testing room when the
GED testing is being administered for safety purposes.
4. Provide and validate parking spaces for Superintendent's employees to
conduct the GED testing.
5. Provide lunches for examinees in the testing room.
6. Provide breaks when necessary for Superintendent's staff to use the restroom
facilities.
C. Superintendent shall have access to City records pertinent to the services performed
pursuant to this Agreement 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
Agreement or for any period required thereafter by statute.
2. TERM
This Agreement shall commence on the date first written above and terminate on June
30,2003, unless terminated earlier in accordance with Section 12, below. Services provided
between February 25, 2002 and the commencement date shall be included within the scope
of this Agreement. The term of this Agreement may be extended upon a writing executed by
the Chief of Police and the City Attorney.
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3. INDEPENDENT CONTRACTOR
Superintendent shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Superintendent performs the services which are the subject matter of this
Agreement; however, the services to be provided by Superintendent shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Superintendent shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
4. 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 party's
officers, agents or employees.
The Parties shall at 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 Agreement.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Superintendent shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Superintendent shall maintain
commercial general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be limited to
protection against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Superintendent's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence.
Superintendent shall supply City with a fully executed additional insured endorsement in
substantially the form attached hereto as Exhibit A upon execution of this Agreement and
shall be approved in form by the City Attorney.
b. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Superintendent, if Superintendent has any employees, is required to
be insured against liability for worker's compensation or to undertake self-insurance. Prior
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to commencing the performance of the work under this Agreement, Superintendent agrees to
obtain and maintain any employer's liability insurance with limits not less than $1,000,000
per accident.
c. The following requirements apply to the insurance to be provided by Superintendent
pursuant to this section:
(i) Superintendent shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution
of this Agreement and shall be approved in form by the City Attorney.
(iii) Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City.
d. If Superintendent fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the City with required proof that insurance has been
procured and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not effect Superintendent's right
to be paid for its time and materials expended prior to notification of termination.
Superintendent waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
a. Superintendent agrees to and shall indemnify, hold harmless and defend the City,
its officers, agents, employees and representatives 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 (I) death or personal injury, (2) injury to, loss or theft of property, or
(3) any other loss, damage or expense arising out of (I) 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, but only in proportion to, and to the extent such liability, loss,
damage or expense is caused by, or results from, the negligent or intentional acts or
omissions of Superintendent, its officers, agents or employees.
b. City agrees to and shall indemnify, hold harmless and defend 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 (I) death or personal injury, (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 City or any person, firm or corporation employed by the City, either
directly or by independent contract, upon or in connection with the services called for in this
Agreement, however caused, but only in proportion to, and to the extent such liability, loss,
damage or expense is caused by, or results from, the negligent or intentional acts or
omissions of City, its officers, agents, employees or representatives.
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c. Neither party hereto may assert against the other party any claim in cormection
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.
7. EMERGENCIES
Any emergency situation affecting the welfare of Superintendent's employees or the
examinees, including but not limited to riot, fire, flood and natural disaster, shall be
immediately communicated between the Parties.
8. 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 exist or be hereafter amended or enacted.
9. 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 marmer with performance of services
specified under this Agreement.
10. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person
or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
To Superintendent:
Clerk of the City Council
Schools
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
Orange County Superintendent of
200 Kalmus Drive
P.O. Box 9050
Costa Mesa, California 92628-9050
Attn: Patricia Monroe
With courtesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza (M-97)
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P.O. Box 1981
Santa Ana, California 92702
telefacsimile (714) 245-8007
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed
and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given three (3) days after it
has been deposited in the United States mail, duly registered or certified, with postage
prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender,
demand, delivery, or other communication shall be effective or deemed to have been given
twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and Superintendent, and supersedes any and all other agreements, oral or written, between
the parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative
of Superintendent. The parties agree that any terms or conditions of any purchase order or
other instrument that are inconsistent with, or in addition to, the terms and conditions hereof,
shall not bind or obligate Superintendent nor the City. Each party to this Agreement
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Superintendent, Superintendent may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null and
void. Nothing in this Agreement shall be construed to limit the City's ability to have any of
the services which are the subject to this Agreement performed by City personnel or by other
Superintendents retained by City.
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13. TERMINATION
This Agreement may be terminated by either Party upon thirty (30) days written notice of
termination delivered to the other party.
14. DISCRIMINATION
Superintendent shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. Superintendent affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local laws and
regulations.
15. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation, performance,
and enforcement shall be governed and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and
the validity, interpretation, performance, and enforcement of any of the clauses of this
Agreement shall be determined and governed by the laws of the State of California. Both
parties further agree that Orange County, California, shall be the venue for any action or
proceeding that may be brought or arise out of, in connection with or by reason of this
Agreement.
16. PROFESSIONAL LICENSES
Superintendent shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. Superintendent shall
notify the City immediately and in writing of her inability to obtain or maintain such permits,
licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of
this Agreement.
17. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each ofthe terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory or
is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
PA ICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
/J
BY:~:U1~!t ~'cty
Laura Sheedy
Assistant City Attorney..
RECOMMENDED FOR APPROVAL:
(iw~
PAULM. WALTERS
Chief of Police
K:\ WPDOCS\D004\POO I \00005586.DOC
CITY OF SANTA ANA
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6A VID N. REA .
City Manager
ORANGE COUNTY
SUPERINTENDENT OF SCHOOLS
ina Youn
Executive Director
95-6000943
Employer ID # or Individual SS #
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EXHIBIT A
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I;
its officers, employees, agents, volunteers and representatives are named as additional
insureds ("additional insureds") with regard to liability and defense of suits arising from the
operations and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or
on behalf of the named insured, such insurance as is afforded by this policy is primary and is
not additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made
or suit is brought except with respect to the company's limits of liability. The inclusion of
any person or organization as an insured shall not affect any right which such person or
organization would have as a claimant ifnot so included.
4. With respect to the additional insureds, this insurance shall not be cancelled,
or materially reduced in coverage or limits except after thirty (30) days written notice has
been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I.
(Completion of the following, including countersignature, is required to make this
endorsement effective.)
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
9
.
N-,;(003- {):X~
EVIDENCE OF COVERAGE
Orange County Department of Education
This Evidence of Coverage is used as a matter of information only and confers no rights upon the Certificate Holder. This Evidence of Coverage
does not amend, extend, or alter the coverage afforded by the memoranda listed below.
... ......
.........:.::....:::...:.. ......:...::.:..:....... ..:.:........... .. "::
CERTIFICATE HOLDER INFORMATION
C i ty of S a nta A na
A ttn . C h ri s La uge n our Pri nei p al M an ageme nt A nal yst
. ,
20 C i vie C ent e r Plaza
S anta A n a, C A 9 2 7 0 1
Covera~e Period . Effective: 2-2S'.{)3 Expires 12 . 01 a.m.: 7-1-03
. .
This is to certify that the Alliance of Schools for Cooperative Insurance Programs (ASCI?) Memorandum of Coverages on insurance listed below
have been issued to the Covered Party named above for the period indicated. Notwithstanding any requirement. term, or condition of any contract
or other document with respect to which this Evidence of Coverage may be used or may pertain, the coverages afforded by the Memorandum of
Coverages described herein are subject to all the terms, exclusions, and conditions of such Memorandum of Coverages.
..".",.,........ ...
~......,........ .....,,,,..,,......
TYPE OF COVERAGE LIMIT OF LIABILITY/COVERAGE
Ge neral L i ab i I ity $ 1 ,000 ,000 C omb i ned S i n g Ie Li m it Per Occ urre nc e
Auto mobi Ie L i abi I i ty $ 1 ,000 ,000 C omb i n cd S ingle L i mit Per Oc c Uffence
Should any of the above coverages for the Covered Party be changed or withdrawn prior to the expiration date issued above, ASCIP will mail 30
days written notice to the Certificate Holder. If you have any questions, contact:
Ms. Paula Chu Tanguay, Chief Administrative Officer
ASCIP . 12750 Center Court Drive . Suite 220 . Cerritos, CA 90703 . (562) 403-4640
Authorized Representative:
Date Issued: 3-12-03
~1
* ASCIP is ajoint powers authority pursuant to Article I (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 81603 of the Education Code.
Rev 5-97
74-02/03-40C
APPROVED AS TO FORM
L~d:1Pd7
Deputy City Attorney
. .
I \
/11\ lIiance of Schools for Cooperative Insurance Programs
11112750 C'n'" Court D,i." Suit< 220. C",""" CA 90703 (562) 403.4640
.
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Additi onalCovered Party Endo r s em e n t
D is t rict . 0 ra nge C ounty D epartrnent of E ducati E n do rs erne nt N 0 .
. 0 n 7 4 0 2/03 4 OA
- -
A dditi 0031 Covered Pa rty Description of Operations Ve hide, Property
. or .
. , .
C i ty 0 f S an ta Ana , i ts 0 ffi cers , empl 0 y ee s ag ents , A s re spec ts conduc t i ng GED les t i n g for ad u 1 t i n mate s ho used i n th e
v 0 I u n teers & re pre s entati v e s S anta Ana Po 1 i ce Dep artme nt Ja il Fac i 1 i ty , S anta Ana , C a 1 i forn i a
COV era~e ~ Effective 2-25-03 EXDires 12:01
Period: . a.m~f':7 -1- 03
.
The coverage provided to the Covered Party is hereby extended by this endorsement to the Additional Covered Party named above in
accordance with the provisions contained in the Memorandum of Coverage (Mac). The coverage extended hereby applies only with
respect to liability arising out of activities in the Description of Operations, Vehicle, or Property noted aOOve. It is intended by
ASCIP in issuing this endorsement to defend andlor indemnify the Additional Covered Party only if the District is solely negligent.
In issuing this endorsement, ASCIP intends and agrees to extend coverage pursuant to the terms and conditions of the Mac to the
Additional Covered Party named above only to the extent that the Additional Covered Party faces liability arising out of claims,
demands, or lawsuits claiming money damages on account of bodily injury or property damage as defined and limited in the ASCIP
MaC. The limits of liability extended to the Additional Covered Party listed aOOve is $1,000,000 per occurrence for liability.
Authorized Representative:
Date Issued: 3-12-03
.~
ASCIP is ajoint powers authority pursuant to Article 1 (commencing with Section 65(0) of Chapter 5 of Division 7 of Title 1 of the Government
Code and Sections 39603 and 81603 of the Education Code.
Rev 5/97
APPROVED AS TO FORM
~~j7
IA .taura. ccdy
Il\ Deputy City Anorney,
/ \ lIiance of Schools for Cooperative Insurance Programs
11112750 Cen'" Cou" I),.;w, Sui" 220, C,rci'..., CA 90703 (562) 403.4640