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Home My WebLink About1997-024 1 97-24 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIFTH AMENDMENT TO AGREEMENT WITH THE SAN 3 BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR 4 PERIOD. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said city a fifth amendment to an agreement with the San Bernardino City Unified School District, retroactively extending the term for the period January 1, 1997 and terminating December 31, 1997, relating to Computer Examination Scoring Services, a copy of which is attached hereto, 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 The authorization to execute the above referenced fifth amendment to agreement is rescinded if the parties to the fifth amendment fail to execute it within sixty (60l days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San joint Bernardino at a regular meeting thereof, held on the 3rd day of February , 1997, by the following vote, to wit: / / / / / / / / 6 CURLIN 7 ARIAS 8 OBERHELMAN 9 DEVLIN 10 ANDERSON 11 MILLER 12 13 14 15 16 97-24 1 RESOLUTION: AUTHORIZING EXECUTION OF A FIFTH AMENDMENT 2 TO AGREEMENT WITH SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES. 3 4 COUNCIL MEMBERS: 5 NEGRETE NAYS ABSENT ABSTAIN AYES x x x x x x x ~A..t -R. Cf..-<~k ITY CLERK Lj./i The foregoing resolution is hereby approved this day of February, 1997. ~-~d /~L )l~tf,(Jd / Tom Minor, Mayor' city of San Bernardino 17 18 19 Approved as to form and legal content: 20 21 JAMES F. PENMAN city Attorney 22 23 24 25 26 27 28 .t11/"""- '. ,. 97-24 ORIGINAL EXHIBIT "A" SAN BER.1\TARDINO CITY UNIFIED SCHOOL DISTRICT 777 North "F" Street San Bernardino, California 92410 AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES THIS AGREEMENT, is made and entered into this 17th day of December, 1996, 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. 1997, and terminate December 31. 1997. 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 97-;24 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 IDVOlces. 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 97-24 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 vn of the Civil Ril!hts Act of 1964. as amended (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 Al!e Discrimination Act of 1975 (pertaining to age) ~ The Fair EmDlovment and Housinl! 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 covers 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 I 97-24 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 ~J~ TOM MI OR Mayor HAROLD L. BOR! G, Ed.D. Assistant Superintendent Administrative Services Date: ~'if'11 Date: HOV 2 2 1996 ArrEST: ~~;1,~ City lerk Approved as to Conn: .~ 4 . , ",4 ,97-24 San Bernardino City Unified School District E. Neal Roberts, Ed.D., Superintendent Harold L. Boring, Ed.D, Assistant Superintendent, Administrative Services 90 NO') 25 MilO: 57 CIVil. SE:r~~V:CE ~ITY DF S;~li :'~('\"LA,hO:HO ,oo,~"'_"... " There's No Better Place To Learn Michael E. Newbry Civil Service Department City of San Bernardino 300 N. D St. San Bernardino, CA 92418-0001 November 22, 1996 RE: Agreement/ Agreement for Computer Examination Scoring Services Amendment: I Documents Enclosed: II ACTION REQUESTED: Form W-9 (substitute) X Certification of Minutes None Original(s) signed by both/all parties None for your files [] Other: Thank you for your assistance. We look forward to working with you. Sincerely, Please Return Documents to: 1~~~ J. B~kbsd.D. Assistant Superin~dent Administrative Services mp / enclosure(s) San Bernardino City Unified School District Administrative Services Office Attn: Melinda A. Pure, Contract Analyst 777 North "F" Street San Bernardino, California 92410-3017 I) 777 N. F Street . San Bernardino, CA 92410 . (909) ADMINISTRATIVE SERVICES DIVISION 381-1162 .' . 97-24 San Bernardino City Unified School District CERTIFICATION OF MINUTES The Board met in regular session on the 19th day of November, 1996, at the usual meeting place thereof. The meeting was called to order at 5:30 p.m. Members present: Brown, Cadena, Marinis, Neigel, Savage, Tillman, Yeager Members absent: None The adoption of the following resolution and order was moved by Member Brown, seconded by Member Marinis, and a vote being taken, the said resolution and order was adopted by the following votes of members present at that time. AYES: Brown, Cadena, Marinis, Neigel, Savage, Tillman, Yeager NOES: None BE IT RESOLVED that the Board of Education approves the Agreement for Computer Examination Scoring Services with the City of San Bernardino, effective from January 1, 1997, through December 31, 1997, per terms of the Agreement. Funds received are to be credited to Data Processing Abatement Account, Program 032. BE IT FURTHER RESOLVED that Harold 1. Boring, Assistant Superintendent, Administrative Services, be authorized to sign said Amendment to the Agreement on behalf of the Board of Education. I, E. NEAL ROBERTS, Secretary of the Governing Board of the San Bernardino City Unified School District hereby certifY that the foregoing is a true and correct copy of a resolution duly made, adopted and entered in the Board minutes of the Governing Board of the San Bernardino City Unified School District on the 19th day of November 1996. Dated: November 20, 1996