HomeMy WebLinkAboutContract 46043 CITY SECRfETAF'
State of Texas
County of Travis
This contract is made and entered into by and between the Texas Commission on Law Enforcement, a regulatory agency
of the State of Texas hereinafter called the"Commission"and
_City of Fort Worth
_1000 Calvert
_Fort Worth, TX 76107
hereinafter called the "Examination Agent". This contract is entered into pursuant to chapter 1701 of the Texas
Occupation Code and Title 37 Tex. Admin. Code chapter 217 et.seq. the rules of the Commission promulgated pursuant
to the Texas Occupations Code and which are incorporated into and made part of this Contract by reference.
Whereas, the Examination Agent desired to administer all licensing examinations to persons who are deemed by the
Commission to be qualified under the law to sit for the examination.
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the mutual covenants,
agreements and benefits to both parties, it is AGREED as follows:
I
The Examination Agent agrees to comply with all state and federal guidelines applicable to training providers and further
acknowledges that it is subject to compliance inspections by Commission Staff.
11
The Examination Agent agrees to assign a permanent full-time professional staff member assigned to perform the
examination function at the institution, and further agrees to appoint Proctor(s) who are full-time employee(s) assigned to
perform the examination function at the institution.
III
The Examination Agent agrees to possess appropriate training and experience in examination protocol and examination
security issues. The Examination Agent further agrees to appoint as Proctor(s) only persons that possess appropriate
training and experience in examination protocol and examination security issues.
IV
The Examination Agent agrees to provide a secure and lockable storage facility for the electronic testing equipment (e.g.
router) that is only accessible to authorized persons appointed as Proctor(s). This storage facility will remain locked at all
times.
V
The Examination Agent agrees that should any examination in his charge or access to the exam system become
compromised or otherwise jeopardized, that immediate notification to the Commission will be provided. The Examination
Agent further agrees to immediately initiate an investigation of the occurrence, promptly report such findings to the
Commission, and fully cooperate with Commission Investigators.
VI C���1�GGaC RECORD
RECEIVED OCT 2 0 2014 �� n9 ���
The Examination Agent agrees to make available Commission examinations to persons on a regularly scheduled basis
and post notice of the examination schedule on the Examination Agent's website or other prominent location.
VII
The Examination Agent agrees that, to the extent permitted by law, the content of any Commission examination or other
related material will not be disclosed, discussed, or in any other manner revealed to any person other than an eligible
examinee at the time the examination is administered. The Examination Agent further agrees not to provide answers or
other knowledge intended to assist the examinee's score. The Examination Agent agrees to adhere to the provisions
outlined in the Testing Proctor Manual, as updated or amended by the Commission.
VIII
The Examination Agent agrees to perform an annual security report and submit the report by September 1st each year to
the Commission. Elements of the report are identified in the Electronic Licensing Examination Manual.
IV
Additional locations.
X
The Examination Agent agrees to appoint as Proctors only persons included in the following list;
1. Rocsanna Ferren
2. Stephen A. Smith
3. Brett Villanueva
4.
5.
6.
XI
The Commission agrees that the designated persons named in the preceding paragraph are Proctors. The Examination
Agent agrees to notify the Commission when a proctor is no longer authorized by the Examination Agent to administer an
exam.
XII
The Examination Agent agrees to keep records (registration sheets) of persons attempting examinations at an institution.
XIII
The Commission agrees that the Examination Agent may charge a fee not to exceed $45.00 (forty-five dollars) for
administration of any Commission examination, to be paid by the examinee at the time of examination, and the
Examination Agent may retain any such fee.
XIV
The Commission agrees to score any completed electronic examination and notify the respective examinee of the results
as provided by Texas Occupations Code, §, 1701.305 and by 37 Tex.Admin. Code§219.7.
XV
2
The dispute resolution process provided for in chapter 2260 of the Texas Government Code shall be used, as further
described herein, by the Commission and the Examination Agent to attempt to resolve any claim for breach of contract
made by the Examination Agent.
A. Examination Agent's claims for breach of this Contract that the parties cannot resolve in the ordinary course of
business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the
Government Code. To initiate the process, Examination Agent shall submit written notice, as required by
subchapter B, to the Executive Director of the Commission. Said notice shall specifically state that the provisions
of Ch. 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives
of Examination Agent and the Commission otherwise entitled to notice under the parties' Contract. Compliance
by Examination Agent with subchapter B is a condition precedent to the filing of a contested case proceeding
under Chapter 2260, subchapter C, of the Government Code.
B. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is Examination
Agent's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by
Commission if the parties are unable to resolve their disputes under Section A.
C. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking
consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the
execution of this Contract by Commission nor any other conduct of any representative of Commission relating to
the Contract shall be considered a waiver of sovereign immunity to suit.
D. The submission, processing and resolution of Examinations Agent's claim is governed by the published rules
adopted by the office of the Attorney General pursuant to Chapter 2260, as currently effective.
XVI
The Examination Agent understands that acceptance of funds under this contract acts as acceptance of the authority of
the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds.
The Examination Agent further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of
the audit or investigation, including providing all records requested. The Examination Agent will ensure that his clause
concerning the authority to audit funds received indirectly by subcontractors through the Examination Agent and the
requirement to cooperate is included in any subcontract awards.
XVI I
Both parties agree that either party may, acting through its representative, terminate this agreement by written notice
before the date of expiration. The parties may negotiate to renew for an additional four-year term.
This agreement shall expire on the 30th of September of the fourth year following its effective date.
The terms, covenants, and benefits of this agreement extend from the effective date of this agreement or until terminated
as provided, and this agreement is effectiv on the day it is signed by all parties.
ignature of Examination Agent
Printed or Typed Name of Examination Agent Title
CIA',j b� (U �wtv k)
Instituti n or Agency Represented by Examination Agent
3
r
for a- Wo v—V•T-TAIY,11 0,
Mailing Address (Area Code) Phone Number
Signed, this day o6k,
Sig ture of Commission Representative
Director, Education, and Training
John Helenberg Programs
Printed or Typed Name of Commission Representative Title
Signed this day of
TEXAS COMMISSION ON LAW ENFORCEMENT
6330 E. Highway 290, Suite 200
Austin, Texas 78723-1035
(512) 936-7700
ACCEPTED AND AGREED: APPROVED AS TO FORM
AND LEG
APPROVAL RECOMMENDED:
B
LS
By: W' P4 Kelly R. Madrid
Jeffrey W. Halstead Assistant City Attorney
Chief of Police
Contract Authorization: �� F p `
J
Date: ° �
M&C:
Date Approved: 9 g ®
ATTEST: �0 000000
By:
Mary J. Kayse
tOFFICIAL REC®R® City Secretary
SECRETARY ORTfff TX