Res 113-2000 9/5/2000RESOLUTION NO. I L -j– LL60
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; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
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 (hereinafter
referred to as the "CITY ") 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, TEXAS, THAT:
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 and
the COLLEGE, such contract to provide, among other things, that:
a. A reimbursement be paid to the CITY based on certifiable instructional
hours reimbursable from the Texas Higher Education Coordinating Board
and the COLLEGE and CITY shall commence these services and duties
as of September 1, 2000.
b. 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 Finance Director be and is hereby authorized to
deposit grant funds from the 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 the
COLLEGE.
SECTION 5. That this resolution shall take effect immediately from and after its
passage.
SECTION 6. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 5th day of September 2000.
ATTEST:
City Clerk
MAYOR
THE STATE OF TEXAS)
COUNTY OF WICHITA)
CONTRACT
THIS CONTRACT made and entered into by and between the CITY OF WICHITA
FALLS, TEXAS, 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 to include firefighter technology, ECA, EMT - Basic, and
EMT Completion (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 curriculums 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 by:
A. Supervisory personnel involved in the COLLEGE'S Fire Protection
PROGRAM.
B. Evaluation of each instruction course in accordance with the COLLEGE
evaluation procedures.
5. Offer courses within the Workforce Education Course Manual (WECM).
6. Reimburse $12.60 to CITY for each certifiable instruction hour taught by CITY
employees. CITY will provide a minimum of twelve (12) students per class. If
the minimum number of students is not obtained, the $12.60 reimbursement rate
will be prorated accordingly. 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 at the successful completion of each course(s) 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 total reimbursement to the CITY for the duration of this Contract shall
not exceed $9,160 for instructional hours for recruit training, $5,000 for
instructional hours for in- service training, and $500 for supplies.
B. For VRJC students who enroll in the basic training, $200 will be paid to
the CITY for costs associated with training.
8. Exempt all CITY employed students enrolled in the PROGRAM from payment of
tuition and fees.
9. Continue to evaluate and update approved curriculum in compliance with the
WECM and with Texas Higher Education Coordinating Board, and the Texas
Commission on Fire Protection guidelines.
10. Organize an advisory board for the PROGRAM.
The CITY shall perform the functions and services set forth below:
1. Expend all dollars reimbursed to the CITY for the PROGRAM directly on
instructional salaries, instructional equipment, instructional aids, instructional
printing, instructor travel, and office supplies in support of the PROGRAM. 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.
2. Maintain attendance standards consistent with CITY and COLLEGE guidelines.
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
September 1, 2000 and complete such services by August 31, 2001 unless sooner
terminated under the provisions of Section X herein.
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 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.
I►VlI
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.
IM
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.
IX.
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 shall be self- renewing in one -year increments if no written notice is given.
Kq
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 day of 12000, by the CITY OF
WICHITA FALLS, TEXAS, signing by and through its City Manager, duly authorized to
execute the same in its behalf by Resolution No. approved by the City Council
and Vernon Regional Junior College, signing by and through its 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.
CITY OF WICHITA FALLS, TEXAS
City Manager
APPROVED AS TO FORM:
City Attorney
VERNON REGIONAL JUNIOR COLLEGE
President
ATTEST:
Title: