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Home My WebLink About08-23-84-12 - Resolution - 08/23/1984RESOLUTION NO. 08-23-84-12 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USER AGREEMENT WITH THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION. WHEREAS, the City of College Station wishes to continue to use the Texas Commission on Law Enforcement Officer Standards and Education examinations as a means of screening applicants for the Police Department. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of College Station, Texas: That the City Council do hereby authorize the City Manager to execute an agreement with the Texas Commission on Law Enforcement Officer Standards and Education on behalf of the City, and further we do hereby give him the power and authority to do all things necessary to implement, maintain or renew said agreement. PASSED and APPROVED on the 23rd day of August, 1984. ATTEST .' City Secreta~ APPROVED: ~,, , / / THE STATE OF TEXAS KNO~' ALL MEN BY THESE PRESENTS COUNTY OF TRAVIS }( WHEREAS, the Texas Commission on Law Enforcement Officer Standards and Education, hereinafter called Publisher, is the owner and publisher of a reading compre- hension test, a writing skills test, a background investigation manual and an oral interview manual, all of which are designed to be used as a part of a peace officer entry selection system and were deveiop~d at The request of PubLisher by an industrial psychologist in accordance with Equal Employment Opportunity Commission guidelines, federal statutes and federal court decisions construing the guidehnes, statutes and constitutional issues involving employment practices, and WHEREAS, the reading comprehension test and the writing skills test are supported by a validity manual prepared by the industrial psychologist developing such tests which documents the authority for the method used in the development of such tests, and WHEREAS, Publisher is desirous of making such tests and manuals, or any o! them, available at no cost to law enforcement agencies throughout the State of Texas desiring to use them as a part of their entry selection system for peace officers, subject only to the agreements undertaken by the user agency desiring to use such material as hereinafter provided, and WHEREAS, Publisher does not warrant the validity of any such test or manual, nor makes any claim as to the results that may be expected from their use, and accepts no legal responsibility for any actions at law resultin8 in any manner from the use of such materials, and WHEREAS, the undersigned, hereinafter called User Agency, has requested to use such tests and manuals, as a part of their entry selection system for peace officers; NOW, THEREFORE, in consideration of the premises, Publisher and User Agency agree as follows: Ptiblisher agrees to furnish at no cost to User Agency such number of reading comprehension test booklets, writing skills test booklets and answer sheets as may be requested, together with one (l) validity manual and one (l) test administration manual. 2. Publisher agrees to furnish ~t no cost to User Agency one (l) scoring key for any test requested. 3. Publisher agrees to furnish at no cost to User Agency a minimum of one (1) background investigation manual and one (1) oral interview manual as requested. q. The User Agency agrees that it has read and exami~ed the validity manual for the reading comprehension test and the writing skills test and has read and examined the test administratic~ manual, the background investigation manual and the oral interview manual, and as the result of such examination and review by its own advisors and not as the result of any representation made by the Pubhsher, its agency and employees, it has determin~,d to use ti~e tests and materials requested. 5. The User Agency agrees and ur~ierst,~nds lhat f'ubiisher does not warrant the v,~lidJty of any su¢'h test or manual, nor makes any cl~dm as to the results that may be expelled ~rorn their use. L!se~ Agency tu:'~her understands and agrees that 00 89 Publisher accepts no legal respo~tsibility whatsoever for any actions at law res',lt;r:g in an',, ;qcz.qner froni :he use of such materials. User Agency agr~s that PubQsher'~ ~ly rcH>.~nslblhtv ip the cw~pt the User' Agency ~ sued ~ to make Publisher's personnel avadabl~ as ,vit~ses in tesp~t to their involvement in the development el sud~ tests a,~d manuals. User Agency agrees that in the event it desires to use the iuousWial psychologist who developed the tests and manuals as a wztness in any such suit, that Us~r Agency shall be ~sp~ible ~or the costs ~d f~s charged by the psychologist ]n hr, nppearance as a witness. The User Agency agrees that in order to maintain and ensure the integrity of the reading comprehension test ,,nd the ~r~ting skills test it has designated as test administrator: a. Name: Titie: be Street Address: (r,n Not Use ILO. Box Number) Has designated as alternate test administrator (Optional).. Name: Title: StreetAddress: (Do Not IJse P.O. Bo> Number) with responsibility to personally receive and return the tests and scoring keys when acting in lieu of the Test Administrator. Warrants that publisher will be advised prior to shipment of tests by Publisher to the User Agency if the alternate test administrator is to act in lieu of the test administrator. Warrants that the Tes[ Administrator, or alternate test administratoG if applicable, is the sole person having custody of and responsibility for the security of the materials iurnished by Publisher to the User Agency; Warrants that test booklets, completed answer sheets and scoring keys shall not be copied, reproduced or revealed in any manner to any person whomsoeveG including any post lest review o:[ the completed answer sheets and test booklets by any ~nd]vidual tested. Shall ~oilow exactly the procedures oullined in the instructions provided by Publisher Jot tl,e re,'.:e~F,t, administration ,-,nd return oJ the tests and scoring keys. Sh,z]l rezurn the te.,v b~voklets, scc,~mg key:.~ unused answer sheets and forms to Publisher by cer*it'aed m.a,l, Fostag~: paid, ri-turn receipt, within the twenty-~our hour per~cm iollowmg ~he adm~mszration ,A tho test that the United States Postal S,"vlce a,',:epls r,~ail .-r u)' Purolator C~,urier at the opti~ of the User ~ gert< y. t,".~er Agency ',gre,'~ t;,,,~. Jt -,h.~If .~urnish and mail to Publisher a copy of the complcl~.~ Di~ier~-:,lial Distr:bu:lo,, Da~a Form, ~cr each test indicating race and for ea<-t: 3r'~h'..~c',ml :,-,;'ecl, v~;th~n ten (lO> days :~rolTi the date of the 004490 I've k. set '~gency u~Gerstanas .~na a§re~s that P,JDJJ~I~r reserves the r~ght to refuse request by tile I.-,er ~§er]cy tot t~bt materials, *,~ether or not Ijser -~geqcy has previously been t,jrnl~hed ~ltl'~ ~Ll,'h 'nater[als, ~[: a. Publisher due~ ;lut ,~.~ av~,iable t~-~ .~,~tr-rjals request,_~a at tt~e t~me they are reque.~teo; be Publisl'er shall, Jn Jt~ sol,_' discretion, dectd~ to d~s,:ont~nue furnishing such ,nateriaJs to ~il I.~sur -\ge,~cies, or to User \genoes pt a certJon poDulat~on. PUDILsher in lt~ sole dis,:ret.)n deter:nines t,hat tl~e ~ntegrity of its tests are thrc'ate~eu by .~ct~ oJ l_ser .%gerlcy or tl~,~t acts pi IJser ~gency expose PubJ~s,her to liability. Dubl~sher and I~ser \gency agree t,hat tt~ use of Publisl~_.r's test materials by User .&ger~cy for th~s peace o[ficer entry examination does not obligate User &gency to use Publisher's test ~nater~als tot subseq~ent examinations. 10. The User Agency agrees to nottfy Publisher t,] writing of any changes m the designated te~t admim~trator as soon a.s any suci~ charlge is made. 11. This agreement shall be tn e~:[ect September 1, 1984 through ~ugust 31, 1985, an~ shall be sulflc~ent tor the transfer, and use of, all testing ~naterials aormg that period of time. Execution o:[ this agreelnent does not nulll~y Publisher's right to refuse a request by User ~,[ency for te~t ~nater,~ls as provided in Para§raph 8. Executed An duplicate original~ this day of 19 A. gency .......................... City By Date S~.~ ~'~ ~'e-o~ ~r ;o-n -A'u t~----o~ ,~' e-o~ ~ ~: ;e'~ ~ s'~ ~ I~'-~' ~ q-~ *"e,-~ gt; ............................. T~tle - ~,-[~ ~T.-~Ts~; ~;(~.-;~ ?~' ~.-~.'~- F.,'~ ~,-~,-~;~ ;~; .................................. __ ,Texas ..... Z~D Code PER,SONS AUTHORIZED TO F.,XECq.r~ THIS AGREF.~,fF..NT ON THE PART OF USER AGENCY' ARE. ] 1 Mume~pxl Police, Mumeipa] Pmrk eohee · Mayor or Ctt~ Manager Sheriff's Department - Sheriff Constable Oeoartment. Constable Colleges. Universities end other agencies not governed solely by a mumcli~nlity - Oer~on authorized to execute contract on the p&tt of User Al~etley (prior approtal b~ Pubhahet required) J hereby certify that i will safeguard the ~ntegrity of the tests entrusted to rne in accordance w'Jth the prowszons o~ this agreement and the procedures outlined in the ~nstructJons provided by the Publisher. TLXA~ (:OM,MI~,')ION ON L.,\~ -~FI-'I(.:LI~, .bT,\ND.,\Hi3:) ~\,\1') t_1)1 00hh91