HomeMy WebLinkAbout1993-004
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RESOLUTION NO. 93-4
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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.
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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
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City Unified School District, retroactively extending the term
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for the period January 1, 1993 and terminating December 31,
1993, relating to Computer Examination Scoring Services, a
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copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth
at length.
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referenced first amendment to agreement is rescinded if the
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parties to the first amendment fail to execute it within sixty
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SECTION 2.
The authorization to execute the above
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(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
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Bernardino at a requ1ar
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meeting thereof, held on the 11th
day of January
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, 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.
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COUNCIL MEMBERS:
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ESTRADA
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REILLY
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HERNANDEZ
AYES
NAYS
ABSENT
ABSTAIN
x
x
x
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MAUDSLEY
x
MINOR
x
POPE-LUDLAM
x
MILLER
x
~~~,
TY CLERK
",~The foregoi~g resolution is hereby approved this
14 \~ day ofa<;:>...~ , 1993.
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Approved as to
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~~ W.R.
City
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JAMES F. PENMAN
21 city Attorney
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By: 7--""" /' 7<.'--'
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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
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Date:
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HAROLD L. BORIN , Ed.D.
Assistant Superinten nt
Administrative Services
Date:
NOV 1 8 1991
ATTEST:
J!&~ ~
Approved as to form:
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/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,
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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:
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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
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SAN BERNARDINO CITY UNIFIED
SCHOOL DISTRICf
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OlD hRING, Ed.D.
Assistant Superintendent
Administrative Services
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Date: c2-/9 -7;;7...
Date:
DEe 1 9 1991
ATfEST:
Q~~
City Clerk
Approved as to form:
k__ 7 I~
a~' Attorney
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RES 93-4
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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:
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1 1 1 1
1 1 1 1
1 1 1 1
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I 1 1 I
I I I I
RES 93-4
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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
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