Res 038-98 3/17/1998f•
RESOLUTION NO.
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT FOR TEXAS HIGHER EDUCATION COORDINATING
BOARD FUNDING BETWEEN THE CITY OF WICHITA FALLS AND
VERNON REGIONAL JUNIOR COLLEGE.
WHEREAS, the City of Wichita Falls owns and operates a fire academy
approved by the Texas Commission on Fire Protection; and
WHEREAS, Vernon Regional Junior College operates a fire academy approved
by the Texas Higher Education Coordinating Board and the Texas Commission on Fire
Protection; and
WHEREAS, Vernon Regional Junior College (hereinafter referred to as the
"College ") has agreed to place all authorized Fire Department training in the Continuing
Education Division and to reimburse the City of Wichita Falls for instructional salaries,
equipment, aids, printing, instructor travel, and office supplies with regard to the
provision of basic training for City Fire Department recruits and in- service training for
City Fire Department personnel;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS;
Section 1. That the City Manager be and is hereby authorized to execute a
contract for Texas Higher Education Coordinating Board funding between the City of
Wichita Falls and the "College ", such contract to provide, among other things, that:
a. A reimbursement be paid to the City based on certifiable instructional hours
reimbursement from the Texas Higher Education Coordinating Board; and that
the College and City shall commence these services and duties as of March 18,
1998 and complete such services as of August 31, 1999.
b. That the City expend all dollars reimbursed to the City for this program
directly on instructional salaries, instructional equipment and aids, printing,
instructor travel and office supplies in support of the program.
Section 2. That the City Financial Officer be and is hereby authorized to
deposit grant funds from Vernon Regional Junior College as a result of this contract, in
fund number 280, organization number 4315, VRJC Fire Training.
Section 3. That the City Manager is authorized to establish appropriations as
a result of this contract.
Section 4. That the City Manager is authorized to enter into a contract with
Vernon Regional Junior College.
Section 5. That this resolution shall take effect immediately from and after its
passage and it is accordingly so resolved.
PASSED AND APPROVED this the 17'h day of March, 1998
`F i
MAYO
ATTEST:
L L
City Clerk
THE STATE OF TEXAS)
COUNTY OF WICHITA)
CONTRACT
THIS CONTRACT made and entered into by and between CITY OF
WICHITA FALLS, a municipal corporation, principally situated in Wichita
County, Texas, acting through its officers hereunto duly authorized (hereinafter
referred to as the "City "), and VERNON REGIONAL JUNIOR COLLEGE
(hereinafter referred to as the "College "), outlines the obligations of the parties
hereto in regard to the provision of basic training for City Fire Department
recruits and in- service training for City Fire Department veteran personnel
(hereinafter referred to as the "Program ").
WITNESSETH;
The College shall perform the functions and services set forth below:.
1. Provide instructional services to the City's Fire Department recruits and
veteran personnel. The instructors shall be responsible to the College in all
matters related to instruction. The responsibility shall be demonstrated by
policies clearly delineating the College's authority to direct the teaching
activities of the instructor.
2. Review and approve all curriculum including student admissions criteria,
courses and program sequence.
3. Review and approve all instructor(s), facilities, equipment, and laboratories.
4. Evaluate all program instructional performance with: a.) at least one and not
more than two site visits per academic year by supervisory personnel
involved in the College's Fire Protection Program, and b.) one student
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evaluation of instructional performance, in accordance with the College
evaluation procedures, per academic year.
5. Submit and receive approval for additional courses to the Program from the
Texas Higher Education Coordinating Board.
6. Reimburse $12.60 to City for each certifiable instructional hour the City
provides through one of its employees. City will provide a minimum of twelve
(12) students per class. Any exceptions must be approved by the College.
Notwithstanding such arrangement, the College shall exercise the same
responsibility toward these City employed instructors of the Program as it
does with other instructors contracted with directly by the college. If the
College provides the instructor, this instructional fee will be waived.
7. Reimburse the City quarterly upon receipt of the City's invoice for
instructional services, instructional equipment, instructional aids and staff
development for certified instructors, supported by certified class roles.
a.) The quarters are defined as:
1 S1 quarter - September 1 - November 30
2"d quarter - December 1 - February 28
3`d quarter - March 1 - May 31
4'h quarter - June 1 - August 31
b.) The total reimbursement to the City for the duration of this Contract
shall not exceed $6,500 for recruit training and $5,000 for in- service
training.
8. Exempt all students enrolled in the Program from payment of tuition and fees.
9. Continue to evaluate and update approved curriculum in compliance with the
Texas Higher Education Coordinating Board and the Texas Commission on
Fire Protection guidelines.
10. Organize an advisory board for the Program.
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The City shall perform the functions and services set forth below:
1. Expend all dollars reimbursed to the City for this Program directly on
instructional salaries, instructional equipment, instructional aids, instructional
printing, instructor travel, and office supplies in support of the Program.
a.) A proposal for the use of these funds shall be submitted and approved
by the College at the inception of this Contract. All expenditures of
these funds must be approved by the City Fire Chief.
b.) Quarterly reports shall be submitted to the College, referencing all
expenditures for the quarter. Reporting dates will be:
December 31
March 31
June 30
September 30
2. Maintain attendance standards consistent with City and College regulations.
3. Require comprehensive final examination of all students.
4. Provide a final letter grade for each student according to the grading system
as required by the College.
The College and the City shall commence services and duties as of
March 18, 1998, and complete such services by August 31, 1999, unless sooner
terminated under the provisions of Section X herein.
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IV.
The College and the City shall make available to each other, for
inspection and audit, all financial records pertaining to the Program.
V.
This Contract shall not be assigned by either party hereto without the
prior written consent of the other party. Written consent on behalf of the City
shall require consent in the form of a City Council resolution or ordinance.
Written consent on behalf of the College shall require approval of the President.
VI.
That if any provision of this Contract is declared or found to be illegal,
unenforceable at law or void, then either party hereto shall be relieved of all
obligations arising under such provisions, but if capable of performance the
remainder of this Contract shall not be affected thereby.
VII.
That all amounts due hereunder and all obligations to be performed
hereunder are payable and performable in Wichita County, Texas, and if legal
action is necessary to enforce it, exclusive venue shall be in Wichita County,
Texas. This Contract shall be governed by and constructed in accordance with
the laws of the State of Texas.
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VIII.
The College agrees to perform the work described in the Contract. All
matters not covered in detail shall be performed in the manner consistent with
the standard of efficiency now prevailing for such type of work in the City Fire
Department and in the area of fire protection.
Except as may otherwise be provided herein, this Contract shall be
subject to amendment only with the mutual consent of the parties hereto. This
Contract shall be administered on behalf of the City by its Fire Chief, or his
designee, and operational changes in connection with the Program may be
approved by the Fire Department.
X.
This Contract may be terminated by either party at any time by notice in
writing to the other party at least sixty (60) days prior to the effective date of
such termination.
This Contract in no way affects the College's obligation to comply with all
applicable laws, ordinances and codes of the federal, state and local
governments.
EXECUTED this the 1 % ek day of MV C-14 , 1998, by the
CITY OF WICHITA FALLS, signing by and through its City Manager, duly
authorized to execute the same in its behalf by Resolution No. 3 F - 7 F ,
approved by the City Council and Vernon Regional Junior College, signing by
and through it duly authorized officers, thereby binding the parties hereto, their
successors and assigns for the faithful and full performance of the terms and
provisions of this Contract.
APPROVED AS TO FORM: CITY OF WICHITA FALLS
GREG HUMBACH, City Attorney JA".BERZINA, City Manager
VERNON REGIONAL JUNIOR COLLEGE
R. WADE KIRK PHD, President