Loading...
HomeMy WebLinkAbout1998-001 RESOLUTION NO. 98-1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE 2 XECUTION OF AN AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED CHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR 3 ONE YEAR PERIOD. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE ITY OF SAN BERNARDINO AS FOLLOWS: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 SECTION 1. The Mayor of the city of San Bernardino is ereby authorized and directed to execute on behalf of said ity an agreement with the San Bernardino city Unified School District, covering the term for the period January 1, 1998 and erminating December 31, 1998, relating to Computer xamination Scoring Services, a copy of which is attached ereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the assage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Cornmon Council of the 19 joint adjourned Bernardino at a regular meeting thereof, held City of San 12th on the 20 21 22 23 24 25 26 27 28 ay of January , 1998, by the following vote, to wit: / / / / / / / / / 98-1 I 1 2 RESOLUTION: AUTHORIZING EXECUTION OF AN AGREEMENT WITH SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION 3 SCORING SERVICES. 4 COUNCIL MEMBERS: AYES 5 NEGRETE X 6 CURLIN X 7 x ARIAS 8 OBERHELMAN X 9 DEVLIN X 10 ANDERSON X 11 MILLER X 12 13 NAYS ABSTAIN ABSENT (~ I ' I"~ . L JJ~I<;;~'~:iERK ,-.(.((/,-/C~ 14 15 16 17 18 19 Approved as to 20 form and legal content: I'The foregoing resolution is hereby approved thi.s /8 :> day of January , 1998. 'N~1'v ~mdt4</ NORINE MILLER, MAYOR PRO rEM city of San Bernardino 21 JAMES F. PENMAN 22 City Attorney 23 By: L ?/~ 24 U 25 26 27 28 98-1 . EXHIBIT A SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 924lO AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES THIS AGREEMENT is made and entered into this 18th day of November 1997, by and between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, hereinafter referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO, hereinafter referred to as the ';CITY." R E C I TAL S: WHEREAS, the DISTRICT has the computer capacity and available computer time to score certain examinations; and WHEREAS, the CITY does not have such a computer capacity and is therefore desirous of utilizing the services of the DISTRICT in scoring its examinations; NOW, THEREFORE, the DISTRICT and the CITY mutually agree as follows: 1. Term of Agreement a. This Agreement shall commence on January 1. 1998, and terminate December 31. 1998. b. This agreement may be extended one (1) year at a time up to a total for five (5) years, subject to all terms of this Agreement and any Amendments, subject to written approval of both parties. 2. Responsibilities of the DISTRICT The DISTRICT shall provide computer staff and equipment on an as-needed basis to analyze the results of any multiple choice examination of two hundred (200) items or less given by the CITY and shall provide the CITY one (1) copy of the scored examination results. The DISTRICT shall provide such services on a no greater than once per week basis and at a time specified by the DISTRICT; provided, however, such scheduled time shall be subject to change based on the computer needs of the DISTRICT. 1 . 98-1 3. Responsibilities of the CITY a. The CITY shall provide the DISTRICT with answer sheets to be utilized in said examinations; said answer sheets must have prior approval by the DISTRICT. b. The CITY shall provide the answer key to the examinations being scored and shall be responsible for the accuracy thereof. c. The CITY shall give the DISTRICT ten (10) days advance notice of any examinations requiring unusual handling or procedures; provided, however, that the DISTRICT shall have the right to refuse to handle such examinations if in its determination it lacks the computer capacity or capability to do so. d. The CITY shall deliver and pick up the examination materials at a mutually agreed upon time and place. 4. Costs a. The CITY shall be charged $0.25 for each two-sided answer sheet scored by the DISTRICT. Examinations requiring unusual handling or procedures shall be charged at a mutually agreed upon cost based upon the added expense and time to the DISTRICT, which cost shall be determined prior to the time the DISTRICT provides the CITY with the examination results. b. The DISTRICT shall submit invoices to the CITY on a monthly basis for all costs incurred during the preceding calendar month, and the CITY shall pay all such charges within fifteen (15) days following receipt of said invoices. c. It is agreed by the parties hereto that the terms and conditions of this Agreement are subject to cost increases incurred by the DISTRICT and that the DISTRICT may amend the charges as provided herein from time to time without renegotiating this Agreement; provided, however, the CITY shall be given at least thirty (30) days' notice prior to the effective date of any such Amendment. 5. Cancellation of Agreement This Agreement may be terminated by either party by the giving to the other of a written notice of intention to terminate, which notice shall be given at least thirty (30) days prior to the date of termination contained in said notice. 2 _ 98-1 6. Hold Harmless The CITY agrees to assume all risk and liability for the security of such examination materials and hereby agrees to hold the DISTRICT harmless from any and all claims whatsoever arising out of any alleged breach of security. 7. Special Provisions a. The CITY certifies it will not discriminate on the basis of race, color, national origin, sex (including sexual harassment), handicap (or disability), religion, or age in any of its policies, procedures, or practices in compliance with: . Title VI and VII of the Civil Rights Act of 1964. as arnended (pertaining to race, color, national origin, and religion); . Title IX of the Education Amendments of 1972 (pertaining to sex); . Section 504 of the Rehabilitation Act of 1973 (pertaining to handicap); and . The Age Discrimination Act of 1975 (pertaining to age) . The Fair Employment and Housing Act of 1980 (pertaining to ancestry, race, national origin, color, sex, religion, physical handicap, medical condition, marital status, and age) . The Americans with Disabilities Act of 1990 (pertaining to disability) This non-discrimination policy coyers admission and access to, and treatment and employment in, the DISTRICT's programs and activities. b. This Agreement shall not be assignable except with the written consent of the parties hereto. c. This Agreement may be amended by the mutual written consent of the parties hereto. 3 98-1 IN WITNESS WHEREOF, the parties have executed this Agreement for Computer Examination Scoring Services as set forth below. CITY OF SAN BERNARDINO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT I~:? /JJ/&~/ NORINE MILLER Mayor Pro Tem 7fi~"jJ7JJ,'\~ MICHAEL M. KARP AN Assistant to the Superintendent ResearchlSystems Analysis Date: I ( /; '( Jc; 7 Date: 1'(3-?% ATTEST: ~ ~ CitULL City lerk Approved as to form: 4