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HomeMy WebLinkAbout1992-049 1 2 3 4 5 6 7 8 9 10 11 12 13 14 :1 15 i' 16 17 18 19 20 21 22 23 24 25 26 27 28 " . 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 I, 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 regular meeting thereof, held on the 17th day of February , 1992, by the following vote, to wit: / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / - Res. 92-49 1 RESOLUTION: AUTHORIZING EXECUTION OF SIXTH AMENDMENT TO 2 AGREEMENT WITH SAN BERNARDINO UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES. 8 9 10 11 12 13 14 15 16 17 18 3 4 5 6 7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ESTRADA X REILLY X HERNANDEZ X MAUDSLEY X MINOR X POPE-LUDLAM X MILLER X ~RK~ ,rhe foregoing resolution is hereby /4/71..- day of February 1992. . 19 Approved as to form and legal content: 20 21 22 23 24 25 26 27 28 JAMES F. PENMAN City Attorney t; /) !I 2- 0. . BYo .J~~ s // 2 r City of San Beinardino Res. 92-49 ORIGINAL SAN BERNARDINO 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, 1991, 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. 1992, and terminate December 31. 1992. 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. 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. 1 , 92-49 ., c. The CITY shall give the DISTRICf ten (10) days advance notice of any examinations requiring unusual handling or procedures; provided, however, that the DISTRICf 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 $0.20 for each two-sided answer sheet scored by the DISTRICf. Examinations requiring unusual handling or procedures shall be charged at a mutually agreed upon cost based upon the added expense and time to the DISTRICf, which cost shall be determined prior to the time the DISTRICf provides the CITY with the examination results. b. The DISTRICf 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 DISTRICf and that the DISTRICf 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 A!;reement 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 DISTRICf 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: 2 . 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 DISTRICTs 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 DISTRICT ~t . OLD ~RING, Ed.D. Assistant Superintendent Administrative Services Date: c2~19 ~7;z. Date: DEe 1 9 1991 ATTEST: Q~~ City Clerk Approved as to form: L_7.t~ rj. ty Attorney y: 3