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HomeMy WebLinkAboutContract 33159 CITY SECRETARY /5CqState of Texas CONTRACT h10 County of Travis This contract is made and entered into by and between the Texas Commission on Law Enforcement Officer Standards and Education, a regulatory agency of the state of Texas hereinafter called the "Commission" and_Fort Worth Police Academy 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 the basic peace officer, jail and hypnosis licensing examinations to persons who are deemed by the Executive Director of 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. II. 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 xamination protocol and examination security issues. 1 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 be 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 and promptly report such findings to the Commission. VI The Examination Agent agrees to make available Commission examinations to persons on a regularly scheduled basis that is harmonious with other activities of that division of the institution. VII. The Examination Agent agrees to provide periodic update of examinations in a manner prescribed by the Commission. Examination Agent further agrees to return after update, all outdated examination material in a manner prescribed by the Commission. VIII The Commission 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. IX The Examination Agent agrees to perform a quarterly report of all Commission examinations and submit reports within 30 days to the Commission. Elements of the report are identified in the Electronic Licensing Examination Administration Manual. 2 X The Examination Agent agrees to appoint as Proctors only persons included in the following list; 1. Michael Baldwin 2. Paul Jwanowski 3. Dwayne Dalco 4. Paul Henderson 5. Rachael Dehoyos 6. Pete Henz XI The Commission agrees that its Executive Director has designated those persons named in the preceding paragraph as Proctors. XII The Examination Agent agrees to keep records (registration sheets) of persons attempting examinations at an institution. XIII The Examination Agent agrees that the Examination Agent may charge a fee for administration of any Commission examination, to be paid by the examinee at the time of examination, and any such fee may be retained by the Examination Agent. 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 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, 3 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 7P,- ~� 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 31St of August 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 u it terminated as provided, and this agreement is effective on the day it is signed b all artie' . Signr o E m' 'on Agent n �J D ► �-rA NT l�fit` r Printed or Typed Name of Examination Agent Title (2 IT F- t- F-er� ar Institution r Agency Represented by Examination Agent �c�DO T�� c�Krnn 1-bN S � ro rt'wy ttl T& 1111 D Z CS i I) Mailing Address (Area Code) Phone Number igned, this day of k( LL Q.�..f Signature of Commission Representative Frank Woodall Director, Education and Training Programs Printed or Typed Name of Commission Representative Title y. tested By: Signed thisLjj!�day ofJ, cgr,4Aa*-e- Marty City Secretary TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION APPROVED AS TO 6330 U.S. Highway 290 East, Suite 200 F M A LEGALITY: Austin, Texas 78723 LN o 114&(' REQUIRED (512) 936-7700 ASIS A Y T ORNEY 5 �' __ TCLEDDS•M Online Testing Proposal prepared for: Rachel DeHoyos Fort Worth Police Dept. Thursday, December 8, 2005 The following quote is good for 30 days from the date above and should not exceed the total dollar amount below. Quantity Price Total Online testing Setup Fee $500 $500.00 #of exams administered during the last fiscal year 43 $100 $100.00 TCLEDDS Subscription Cat $ TCLEDDS Subscription Academy Only Discount $ Proposal Total =$600.00 Academies can now offer the Texas Commission on Law Enforcement Licensing Exams for Peace Officers at their own facilities(the Basic Jailor exam will be added later in 2004). The exams,administered via the Internet,are randomly generated for each test taker,and the results are available immediately upon completion to:the test taker,the Academy, and TCLEOSE. Costs for becoming an Online Testing Center: • Academies must have a valid TCLEDDS license,to be renewed annually—this fee will be discounted to$500 per year when an Academy becomes an Online Testing Center. • A one-time set up fee of$500(includes a router and technical phone support) • Annual Online Testing Center fee,which is based upon the number of exams administered during the last fiscal year. 0—50 exams $100 per year 51 —100 exams $200 per year 101 —150 exams $300 per year 151 —200 exams $400 per ear 201 —250 exams $500 per year 251 —300 exams $600 per year TCLEDDSTM is currently being used by TCLEOSE for collecting,tracking,and distributing officer data to all agencies in the state of Texas. Productivity Center, Inc.was contracted in 1998 by TCLEOSE to create and maintain this system and is a registered QISV with the state of Texas. Productivity Center,Inc is a sole source provider for the TCLEDD STM system to TCLEOSE and it's agencies. Please Sign below if in agreement to proposal and fax back to 713-939-9099 with a check number,PO number,or request for an invoice. Signature: P.O.# Productivity Center Inc. Your Resource for Complete Technology Solutions 5600 Northwest Central Dr.Suite 200 Houston,Texas 77092 713-939-9777 •800-975-0599 email:tcledds@prodctr.com