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HomeMy WebLinkAboutContract 45726 (2)C SECRE coNTRAcTNo.�15l7,1e • ADDENDUM TO LAW ENFORCEMENT ACADEMY AGREEMENT This Addendum ("Addendum") is intended to supplement the Law Enforcement Academy Agreement effective April 1, 2011 ("Agreement") entered into between the Texas Commission on Law Enforcement (the "Commission") and the City of Fort Worth through the Fort Worth Police Academy ("Law Enforcement Academy"), collectively referred to as the "parties" and separately referred to as a "party." Notwithstanding any language to the contrary in the Agreement, the parties understand, acknowledge and agree that this Addendum and terms contained herein are incorporated into the Agreement for all purposes. By evidence of execution of an authorized signatory below, the parties hereby amend the Agreement as follows: 1. The Agreement is hereby amended to correct the legal name of the entity by replacing "Fort Worth Police Academy" with the "City of Fort Worth through the Fort Worth Policy Academy" wherever it appears in the Agreement. 2. Section VII of the Agreement is hereby amended to add the following: The Law Enforcement Academy agrees to provide online training using approved learning management systems. The online training will provide safeguards against testing violations and will be offered for classes in management, communications, officer safety, and various legal updates. 3. By entering into this Addendum, Law Enforcement Academy does not waive any rights it may have to raise any applicable immunity or exemption allowed by law. Execution of this Addendum by Law Enforcement Academy hereby ratifies the Agreement effective April 1, 2011. City of Fort Worth - Police Academy Addendum to Law Enforcement Academy Agreement with TCOLE Page 1 of 2 RECEIVED JUL 02 2014 4. All other provisions and terms of the Agreement not expressly mentioned herein shall remain unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum shall control. A�CCPTED AND AGREED on this the , Texas Commission on Law Enforcement: By: Jo •. M. Helenberg, Director gency Operations Date: `72 ' / 4 • • City of Fort Worth - Police Academy Addendum to Law Enforcement Academy Agreement with TCOLE Page 2 of 2 day of City of Fort Worth through the Fort Worth Police Academy: B arles Daniels Assistant City Manager Date: 07 D/• /#- ATTEST: • By: nad Mary J. Kayser City Secretary RECOMMENDED: By: 444 Jeffrey W. Halstead £z4 11/ Chief of Police APPROVED AS TO FORM AND LEGALITY• B SJ t Assistant CityAttorne__ �M R LESA' A . F AP -Aft t TEXAS COMMISSIOI` OI\ LAW ENFORCEMENT Kim Vickers Executive Director June 13, 2014 Jeffrey W. Halstead Chief of Police Fort Worth Police Department 350 West Belknap St Fort Worth, Texas 76102 RE Addendum to Training Provider Contract — Name Change Dear Chief Halstead: Your request for an Addendum to your training provider contract to read ` City of Forth Worth through the Fort Worth Police Academy is approved. Enclosed, please find two revised academy training provider contracts, which contract will remain effective through March 31, 2016. Please review the contract, and if you find you can commit to the terms of the agreement, sign and date both originals. Return one original agreement fouls to our office and keep the other original for your file Sincerely, M. Helenberg, Director Agency Operations Texas Commission on Law hnforcement JMH/jmw RECEIVED JUL 22014 Phone: (512) 936-7700 Fax: (512) 936-7714 6330 E Highway 290 STE 200 Austin TX 78723-1035 Law Enforcement Academy Agreement State of Texas County of Travis This agreement 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 referred to as the 'Commission ' and the Fort Worth Police Academy hereinafter referred to as the "Law Enforcement Academy.' This agreement is entered into pursuant to Chapter 1701 of the Texas Occupations Code herein after referred to as the "Code" and Title 37 Texas Administrative Code, Chapter 215 et seq. hereinafter referred to as the "Commission Rules," promulgated pursuant to the Code and which are incorporated into and made part of this agreement by reference. Whereas, the Law Enforcement Academy desires to provide law enforcement related courses to prospective and existing licensees. The Law Enforcement Academy also desires these individuals to receive credit for such training from the Commission. 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: 1 In executing this agreement, the Law Enforcement Academy represents that it is in compliance with all applicable sections of the Code and Commission Rules The Law Enforcement Academy also represents that it is in compliance with applicable provisions of the Americans with Disabilities Act of 1990 and the regulations promulgated by the Equal Employment Opportunity Commission, the United States Department of Justice and other applicable laws and regulations. 11 To the extent authorized by the Texas Constitution and state law, the Law Enforcement Academy agrees to indemnify and hold harmless the Commission pursuant to state law, its Commissioners, executive director and employees from and against any and all claims, demands actions, and suits; including but not limited to any liability for damages by reason or arising out of any and all contents contained in the courses and/or the locations at which the courses are conducted pursuant to this agreement, arising out of or involving any negligence on the part of the Law Enforcement Academy, its chief administrator or its agents, employees or appointees. 111 The Law Enforcement Academy agrees to comply with the Commission guidelines for training provider representation. IV The Law Enforcement Academy agrees to comply with training provider evaluations and other requests as identified by Chapter 1701, Occupations Code and Chapter 215 of Commission Rules. V The Law Enforcement Academy agrees to appoint and maintain the appointment of an Advisory Board, hereinafter referred to as the "Board," in compliance with the Code and Commission Rules, Law Enforcement Academy Agreement vl The Law Enforcement Academy agrees to appoint a training coordinator, who shall meet the requirements listed in Chapter 215 of the Commission Rules. VII The Law Enforcement Academy agrees that on the basis of training needs approved by the Board, it will develop instructor lesson plans that shall contain learning objectives and student evaluations for each course as outlined in Chapter 215 of the Commission Rules. VIII The Law Enforcement Academy agrees that all classroom instruction will be conducted in accordance with the Commission's minimum enrollment and training standards listed in Chapters 215 and 217 of the Commission Rules. The Law Enforcement Academy also agrees to follow the most recent Commission instructor guides when available, with the ability to enhance these instructor guides. IX The Law Enforcement Academy agrees that it will submit a report of training for each course conducted in accordance with Chapters 215 and 217 of the Commission Rules Courses must be submitted electronically through TCLEDDS. The Law Enforcement Academy further agrees not to submit reports of training for annual weapons proficiency. X The Commission agrees to award or deny credit for courses provided in accordance with Chapters 215 and 217 of Commission rules. XI The Law Enforcement Academy agrees that it will conduct training and maintain required files as established by the Commission Rules during each state biennium. XII The Law Enforcement Academy agrees that it will be subjected to routine risk assessments by the Commission. Further, the Law Enforcement Academy agrees it will be found at risk and placed on at -risk probationary status if determined by the Commission to have failed at least one of the categories identified during the risk assessment as outlined in Chapter 215 of the Commission Rules. 411 XIII If the Law Enforcement Academy is found to be at -risk as described above, the Commission will place the Law Enforcement Academy on probationary status for one year. If the Law Enforcement Academy remains at -risk after the 12-month probationary period, the Commission may revoke this agreement and seek revocation of the Law Enforcement Academy's license as provided in the Code and the Commission Rules. The Commission may choose not to renew this agreement or a license with the Law Enforcement Academy found to be at -risk or may choose to renew this agreement or a license for a shorter period of time as provided in the Commission Rules. 2 Law Enforcement Academy Agreement xIv Either party may terminate this agreement upon written notice to all other parties, received by the executive director the chief administrator, training coordinator or any other named person or office in accordance with the Code and the Commission Rules. XV This agreement becomes null and void upon the termination of the chief administrator or head of the organization exercising control of the Law Enforcement Academy. XVI This agreement is effective for five years from the period beginning April 1 2011 through March 31 2016, unless sooner canceled, suspended, or terminated by either party. XVI I If the Law Enforcement Academy desires to continue providing training courses after this agreement expires, it will be required to complete a renewal application as described by the Commission Rules. EXECUTED IN TWO ORIGINALS ON THE DATES SHOWN Texas Commission on Law Enforcement BY: Timo y Braaten Execu a Director DATE: 3 Fort Worth Police Academ BY: DATE Signature Chief Administrato �QJ TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION Timothy A. Braaten Executive Director March 24, 2011 David Ingram, Training Coordinator Fort Worth Police Academy 1000 Calvert Street Fort Worth, Texas 76107 RE• Law Enforcement Training Academy Agreement Greetings David Ingram. Your application for academy license renewal has been approved. Enclosed please lino two Law Enforcement Training Academy Agreement contracts authorizing your academy to continue providing training as a Law Enforcement Academy. Effective April 1, 2011 you are authorized to continue as a Law Enforcement Academy. Please review the agreement, and if you find you can commit to the terms of the agreement, sign and date both originals. Return one original agreement form to our office and keep the other original for your file. Please note that the contract now requires that an academy use TCLEDDS to submit all training rosters to the commission. This is due to legislation from the 81st session of the Texas Legislature that requires that all documents submitted to the commission be done electronically. Training rosters are the first of the documents we now require to be submitted electronically. If you have any questions, please feel free to contact me at (512) 936-7712. Sincerely, Kim Vickers, Director Education and Training Programs K_V/1a Enclosure Phone: (512)936-7700 Fax: (512) 936-7714 6330 E Highway 290 STE 200 Austin TX 78723-1035 RICK PERRY GOVERNOR PRESIDING OFFICER CHARLES HALL iII xas C.OMtx sstnn on a nfnrccment Officer $tanbarbs nub bucation I I II I III II 'Nil I .I I i, II 'IIII niu uFlnil_misYiil Hereby Awards The Certification of Training Academy to Fort Worth Police Academy as provided for in the laws of the State of Texas and the rules of the Commission Not withstanding future action by the Commission this certificate shall remain in effect until its capitation on the: 3rst day of March 2016 DAVID DEWHURST LIEUTENANT GOVERNOR EXECUTIVE DIRECTOR TIMOTHY A. BRAATEN