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HomeMy WebLinkAbout1993-004 1 RESOLUTION NO. 93-4 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST 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 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said city a first amendment to an agreement with the San Bernardino 9 City Unified School District, retroactively extending the term 10 11 for the period January 1, 1993 and terminating December 31, 1993, relating to Computer Examination Scoring Services, a 12 copy of which is attached hereto, marked Exhibit "A" and 13 14 incorporated herein by reference as fully as though set forth at length. 15 16 referenced first amendment to agreement is rescinded if the 17 parties to the first amendment fail to execute it within sixty 18 SECTION 2. The authorization to execute the above 19 20 (60) 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 21 Bernardino at a requ1ar 22 meeting thereof, held on the 11th day of January 23 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / , 1993, by the following vote, to wit: REZ 93-4 1 RESOLUTION: AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR 2 COMPUTER EXAMINATION SCORING SERVICES. 3 COUNCIL MEMBERS: 4 ESTRADA 5 REILLY 6 HERNANDEZ AYES NAYS ABSENT ABSTAIN x x x 7 8 9 10 11 12 13 MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x ~~~, TY CLERK ",~The foregoi~g resolution is hereby approved this 14 \~ day ofa<;:>...~ , 1993. 15 16 17 18 Approved as to 19 form and legal content: 20 /7,,// // ~~ W.R. City ~' ,~ JAMES F. PENMAN 21 city Attorney l :J-~' By: 7--""" /' 7<.'--' 23 ;: ./ 22 24 25 26 27 28 I Res, 93'-4 ORIGINAL SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT EXHIBIT "A" 777 North "F" Street San Bernardino, California 92410 AMENDMENT NO.1 AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES THE AGREEMENT, dated December 17, 1991, between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, therein referred to as the "DISTRICT," and the CITY OF SAN BERNARDINO, therein referred to as the "CITY," is hereby amended in the following manner: 1. Exceptions - Paragraph 1.c is added: "Pursuant to Paragraph Lb., the term of this Agreement is extended through December 31. 1993," 2. Any prior Amendment to this Agreement is hereby revoked to the extent it is inconsistent with this Amendment No. 1. 3. All other terms and conditions of the Agreement shall remain in full force and effect. IN WIlNESS WHEREOF, the parties have executed this Amendment as set forth below, SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT /" Date: \\ \~\<::>...~ \ \ HAROLD L. BORIN , Ed.D. Assistant Superinten nt Administrative Services Date: NOV 1 8 1991 ATTEST: J!&~ ~ Approved as to form: ~' ?-/ /l,...~' ,e~ ity Attorney ./ By: City'of San Bernardino Res. 92-49 ORIGINAL RES 93-4 SAN BERNARDINO CIlY UNIFIED SCHOOL DISTRICf 777 North "F' Street San Bernardino, California 92410 AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES TIllS AGREEMENT, is made and entered into this 17th day of December, 1991, by and between the SAN BERNARDINO CIlY UNIFIED SCHOOL DISTRICf, hereinafter referred to as the "DISTRICf," and the CIlY OF SAN BERNARDINO, hereinafter referred to as the MCIlY." RECITALS: WHEREAS, the DISlRICf 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 DISlRICf in scoring its examinations; NOW, TIIEREFORE, the DISlRICf and the CITY mutually agree as follows: 1. Term of Agreement a This Agreement shall commence on January I. 1992. and terminate December 31. 1992. 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. b. 2. Responsibilities of the DISlRICf The DISlRICf 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 DISlRICf shall provide such servIces on a no greater than once per week basis and at a time specified by the DISlRICf; provided, however, such scheduled time shall be subject to change based on the computer needs of the DISlRICf. 3. Responsibilities of the CITY a. The CITY shall provide the DISlRICf with answer sheets to be utilized in said examinations; said answer sheets must have prior approval; by the DISlRICf. b, The CITY shall provide the answer key to the examinations being scored and shall be responsible for the accuracy thereof, 1 _.J RES 93-4 92-49 c. The CITY shall give the DISTRIcr ten (to) days advance notice of any examinations requiring unusual handling or procedures; provided, however, that the DISTRIcr 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. ~ a. The CITY shall be charged $0.20 for each two-sided answer sheet scored by the DISTRlcr. Examinations requiring unusual handling or procedures shall be charged at a mutually agreed upon cost based upon the added expense and time to the DIS1RIcr, which cost shall be determined prior to the time the DISTRICf provides the CITY with the examination results. b. The DISTRlcr 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. It is agreed by the parties hereto that the terms and conditions of this Agreement are subject to cost increases incurred by the DISTRIcr and that the DISTRlcr 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. c. 5. C'.>ITlcellation 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. 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 DISTRIcr 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: ~ RES 93-4 92-49 . Title VI and VII of the Civil Rights 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 Age Discrimination Act of 1975 (pertaining to age) This non-discrimination policy covers admission and access to, and treatment and employment in, the DISlRIITs 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. IN WITNESS WHEREOF, the parties have executed this Agreement as set forth below. CITY OF SAN BERNARDIN / SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICf ~i- ' OlD hRING, Ed.D. Assistant Superintendent Administrative Services F? .--," --- ' ~/ /' Date: c2-/9 -7;;7... Date: DEe 1 9 1991 ATfEST: Q~~ City Clerk Approved as to form: k__ 7 I~ a~' Attorney -:: RES 93-4 1 2 3 4 S 6 7 8 9 10 11 12 13 14 !I 15 il 16 17 18 19 20 21 22 23 24 2S 26 27 28 Exhibit 'B' RESOLUTION NO. 92-49 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF SIXTH AMENDMENT TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR AN ADDITIONAL ONE YEAR PERIOD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said city an agreement with the San Bernardino city Unified School District, retroactively extending the term for the period January 1, 1992 and terminating December 31, 1992, 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a requ1ar meeting thereof, held on the 17th day of Pebruary , 1992, by the following vote, to wit: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 I 1 1 I I I I I RES 93-4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~ I I 16 17 18 19 20 21 22 23 24 25 26 27 28 Res. 92-49 RESOLUTION: AUTHORIZING EXECUTION OF SIXTH AMENDMENT TO AGREEMENT WITH SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES. COUNCIL MEMBERS: AYES NAYS ABSTAIN ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER X ~RK~ .~he foregoing resolution is hereby /4ht- day of February , 1992. , Approved as to form and legal content: JAMES F. PENMAN City Attorney By: L/,~ C s . . Hol , (Mayor City of San Bernardino 2