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Home My WebLink About1991-368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 91-368 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF FOURTH AND FIFTH AMENDMENTS TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES FOR TWO ADDITIONAL ONE-YEAR PERIODS. WHEREAS, The City has entered into an Agreement with the San Bernardino Ci ty Unified School District for Computer Examination Scoring Services, a copy of which is attached hereto and incorporated herein, marked Exhibit "A," 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 Amendment No. 4 to the Agreement with the San Bernardino City Unified School District for Computer Examination Scoring Services, retroactively extending the term for the period January 1, 1990 through December 31, 1990. A copy of said Amendment No. 4 is attached hereto and incorporated herein, marked Exhibit "B." SECTION 2. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City Amendment No. 5 to the Agreement with the San Bernardino City Unified School District for Computer Examination Scoring Services, extending the term for an additional year commencing January 1, 1991, and terminating on December 31, 1991. A copy of said Amendment No. 5 is attached hereto and incorporated herein, marked Exhibit "C." I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regIl1"",. meeting thereof, held on the DCRjdys/examscor.res 1 August 6, 1991 1 RESOLUTION...AUTHORIZING THE EXECUTION OF FOURTH AND FIFTH AMENDMENTS TO AGREEMENT WITH THE SAN BERNARDINO CITY UNIFIED 2 SCHOOL DISTRICT FOR COMPUTER EXAMINATION SCORING SERVICES... 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 19th day of August Council Members: ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER , 1991, by the following vote, to wit: AYES NAYS ABSTAIN x x x x x x x Ci~~~ of The foregoing resolution is hereby approved th~8 20th day Auqust , 1991. 19 Approved as to form and legal content: JAMES F. PENMAN, 21 City Attorney 22 23 24 25 26 27 28 By: . ? ~M""'"" DCR/dys/examscor.res ./ .../ 2 August 6. 1991 Res. 91-368 " AGREEHI:1'.T FOR CCHi?LTI:? EXAltThATlOO SCORlliG SERVIG:S 'rnIS AGP.EE}~ is rrade ard e"tered into this 21st Cay of l\overrber, 198~, by and betv.-een the San Be=dino City Unified Scra:Jl Dist=ict, herein- after refer:ed to as DIS7RlCI' and the City of San Berr.ardi..r.c, r.e::ei..,- after referred to as CITY. \'iHERE'ASt. the DISI'RICT" has the carputer capacity and availcble c:a:pr...er we to score certain exa;.u.r.aUons; and \'iHERE'AS, the CITY Coes not r.ave such a canputer capacity ar.d is thus desirous of utilizing tr.e se:.rvices of the DISTRIcr in scori..'1g its exami- nations; _ NaoI, THEREFORE, the parties hereto ITUtually agree as follo..:s: 1. The J\GRIDlENl' shall carrrence on January I, 1985 and te:cnbate Decatber 31, 1985. It may be extended one (1) year ata t.iIre up to a total of five (5) years, 5I.lbject to all terms of the 1\GRID!E!'o'T, 5I.lbject to written approval of I:oth parties. 2. The DISI'RIcr sr..all provide CCIlpUter staff a"lC! equiP'EIlt on an as-needed basis to analyze the results of any nultiple choice examination of two hundred (200) items or less given by t.ne em. The DISTRIq shall provide SUdl services on a r.o greater than once-a--....eek basis and at a tire specified by the DISI'RIcr; provided, ho.,ever, such scheduled t.iJre shall be subject to change based on the cx:xrputer r.eeds of the D!SI?.rcr. 3. The CITY shall give the DISTRIcr ten (10) Cays advance notice of any examinations requiring unusual handling or procedures; provided, ha.-eV'er, the DISI'RIcr shall have tr.e right to refuse to har.dle such examinations if in its deterri.nation it lacks the ccr.puter cap:icity or cap:ibility to de so. 4. The CITY shall deliver and pick up the exali'.inaticn materials at. a nutua11y asreed upon time and place. S. The CI'I'Y agrees to assune all risk and liability for the security of suc:I'l ex.ami.nation materials and i".ereby agrees to hold the DISTRIcr harmless !ran any and all clair:s t.i1at:soever arising rot of any alleged breach of securit'j. 6. The DISI'RIcr shall provide the eI'IY ere (1) copy of the scored examination results at the rate of 15(: each oer t:...-o-siCed sheet. Examinations requiring unusual har.dllng or proeec-.Ires shall be charged at a nutually agreed 1lpO;': cost based '..:?=~ tr.e aceed expense ar.d ti.r.e to the DISl'RIcr, \o.tic.'l cost sl'>.a~l !:e detemined prior to the ti.r.e the DISTRIcr prcviees tr.e C!':Y ~1i.th the exar.>.ir.atio!l results. .' EXHIBIT "A" J 7. The CITY shall provide the DISTRICf with il.....sv.er sheets to be utilized in said examinations; said anSlvel' sheets rrust have prior approval by DISTRlCf. 8. The DISTRIcr shall subnit invoices to the CITY on a rronthly basis for all oosts incurred during the preceding calendar rronth, and the CITY shall pay all such charges within fifteen (15) days following receipt of said invoices. 9. - It is agreed by the parties hereto that the tenns and oondi- lions of this agreerrent are subject to oost increases incurred by the DISTRlCf and that the DISTRICf nay arrend the charges as provided herein fran tiIre to tiIre withoot renegotiating this agreerrent; provided, ho\..-ever, the CITY shall be given thirty (30) days' notice prior to the effective date of any such arrendrren t. 10. This Agreerrent 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 oontained in said notice. IN WlWESS WHEREXlF the parties hereto have caused this agreerrent to be executed the day and year first above written. CITY OF SAN BERNARDINO,a nunicipal oorporation SAN BER'lMDrno CITY UNIFIID SCHOOL DISTRIcr Title 'I . I} 1~ I'H' Da~ 1/1' . ,(' . . . '. ATTEST: ',", ,. " \., 1,\ ; ! .1 ). ~ Anu.//"?/~' <itY' Clerk , Bykf~ D. Assistant SUperintendent J\dministrative Services Date NOV 2 1 1984 Approved as to form: /2~J~t;; City A!torney AMENDMENT NO.4 AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES The Agreement for Computer Examination Scoring Services between SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and THE CITY OF BAN BERNARDINO, dated November 21, 1984, is hereby amended in the following manner: 1. Exceptions - Paraqraph 1. first sentence is amended to read: "This Amendment shall be for a period beginning January 1, 1990, through December 31, 1990." 2. All other terms and conditions of the Agreement for Consultant Services shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as set forth below. CITY OF SAN BERNARDINO, A Municipal corporation SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ~ . HAROLD L.~B~' Ed.D. Assistant Superintendent Administrative Services W. R. "BOB" HOLCOMB Mayor Date: 4AY 13 :;91 Date: ARlroved as to form an:i legal content: r7.~ . Attorney EXHIBIT "B" . AMENDMENT NO.';'" AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES The Agreement for Computer Examination Scoring Services between SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and THE CITY 01' SAN BERNARDINO, dated November 21, 1984, is hereby amended in the following manner: 1. Exceptions - Paraqraph 1. first sentence is amended to read: "'I'his Amendment shall be for a period beginning January 1,1991, through December 31,1991." 2. All other terms and conditions of the Agreement for Consultant Services shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as set forth below. SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ~L~' Ed.D Assistant Superintendent Administrative Services CITY OF SAN BERNARDINO, A Municipal corporation W. R. "BOB" HOLCOMB Mayor Date: Date: ;56! E T :'i" MAY 1 :J "O! AWrcved as to form ani legal content: Attorney EXHIBIT "e" Res. 91-368 ORIGINAL AMENDMENT NO. 4 AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES The Agreement for Computer Examination Scoring Services between SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and THE CITY OF SAN BERNARDINO, dated November 21, 1984, is hereby amended in the following manner: 1. Exceptions - Paraqraph 1. first sentence is amended to read: "This Amendment shall be for a period beginning January 1, 1990, through December 31, 1990." 2. All other Consultant effect. terms and conditions of the Agreement Services shall remain in full force for and IN WITNESS WHEREOF, the parties hereto have executed this Amendment as set forth below. CITY OF SAN A Municipal SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ~.t~, Ed.D. Assistant Superintendent Administrative Services //7 ./7 / y)// W. R. Mayor Date: AUG 2 0 1991 Date: MAY 1 3 1991 Approved as to fonn am legal =ntent: L }<f~~ ~ Attomey t: tk,c,'>-\!' Res. 91-368 ORIGINAL AMENDMENT No.~tf AGREEMENT FOR COMPUTER EXAMINATION SCORING SERVICES The Agreement for Computer Examination Scoring Services between SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT and THE CITY OF SAN BERNARDINO, dated November 21, 1984, is hereby amended in the following manner: 1. Exceptions - Paraqraph 1. first sentence is amended to read: "This Amendment shall be for a period beginning January 1, 1991, through December 31, 1991." 2 . All other Consultant effect. terms and conditions of the Agreement Services shall remain in full force for and IN WITNESS WHEREOF, the parties hereto have executed this Amendment as set forth below. CITY OF SAN A Municipal BERNARDINO, Corpo _~on SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT ~~Ed.D. Assistant Superintendent Administrative Services Date: AUG 2 0 1991 Date: MAY 1 3 lP91 Approved as to form arrl legal content: C'tJ,')7\ c