Res 112-2005 8/16/2005RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH VERNON COLLEGE FOR POLICE RECRUIT AND
IN- SERVICE TRAINING; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City Council approved Resolution 63 -2004 on April 20, 2004 that
endorsed outsourcing police recruit training to Vernon College; and
WHEREAS, since that time, representatives of the Police Department and others
have expressed concerns about some of the limitations of the existing training
arrangement; and
WHEREAS, in an effort to resolve some of these concerns, City staff and Vernon
College representatives have discussed other training possibilities that expands on the
partnership with Vernon College.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to enter into a contract with
Vernon College for certain police recruit and in- service training, a copy of which, is
attached hereto and made a part of this resolution.
SECTION 2. 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 16th day of August, 2005.
NEW
MAYOR '
ATTEST:
ity 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
COLLEGE (hereinafter referred to as the "College "), outlines the obligations of the
parties hereto in regard to the provision of basic training for City Police Department
recruits and in- service training for City Police Department veteran personnel (hereinafter
referred to as the "Program ").
WITNESSETH;
I.
The College shall perform the functions and services set forth below: Provide
instructional services to the City's Police 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.
1. Provide registration assistance to the City's Police Department recruits and veteran
personnel.
2. Review curriculum, student admissions criteria, courses and program sequence in
accordance with the policies and procedures of Vernon College and the Wichita
Falls Police Department.
3. Review and approve all instructor(s), facilities, equipment, and laboratories in
accordance with the policies and procedures of Vernon College and the Wichita
Falls Police Department.
4. Evaluate each instructional course in accordance with the College evaluation
procedures.
5. Offer courses from the Workforce Education Course Manual (WECM).
6. Reimburse the City for each certifiable instructional hour taught by City employees.
City will provide a minimum of 10 students per class. If the minimum number of
students is not obtained, the 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 $16,000 for instructional hours for recruit training, $8,000 for instructional
hours for in- service training, and $500 for supplies.
B. For Vernon College students who enroll in the basic training, $400 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. Work with the Wichita Falls Police Department in the evaluation and updating of
approved curriculum in compliance with WECM, the Texas Higher Education
Coordinating Board, and the Texas Commission on Law Enforcement.
I1.
The City shall perform the functions and services set forth below:
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 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 Police
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.
5. Review and approve all instructor(s), facilities, equipment, and laboratories in
accordance with the policies and procedures of Vernon College and the Wichita
Falls Police Department.
6. Will maintain their Academy License and comply with the rules, policies, and
regulations of the Texas Commission on Law Enforcement on all matters pertaining
to the Program.
III.
The College and the City shall commence services and duties as of September 1, 2005
and complete such services by August 31, 2006 unless sooner terminated under the
provisions of Section IX herein.
IV.
The College and the City shall make available to each other, for inspection and audit, all
records pertaining to the Program as required by College or City policy.
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.
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 Police Department and in the
area of law enforcement.
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 Police Chief, or his designee, and operational changes in
connection with the Program may be approved by the Police Department.
IX.
This Contract may be terminated at the completion of any basic training program 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.
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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 /6 '14 day of 4mrArsT , 2005, 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. 112 -2005 approved by the City Council and Vernon 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.
APPROVED AS TO FORM:
ATTEST:
(�\ , &� , , C,�—�
City Clerk
City Attorney
CITY OF WICHIT A RAT T c
t ON COLLEGE
C]Zr
President
4
City Manager