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CM-2015-750 - 4/17/2015City of Round Rock Tows ROCK Agenda Item Summary Agenda Number: Title: Consider authorizing an Interlocal Contract for Conducting A Satellite Basic Peace Officer Course with Capital Area Council of Governments. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/17/2015 Dept Director: Allen Banks Cost: $0.00 Indexes: Attachments: Basic Peace Office Course, CAPCOG ILA, CMAF, Basic Peace Office Course, CAPCOG-2 Department: Police Department Text of Legislative File CM -2015-750 The proposed contract with the Captial Area Council of Governments (CAPCOG) will allow the Police Department to conduct a Basic Peace Officer Course at the Department location. Conducting a police academy at the Police headquarters site is part of the Department's overall training strategy, consistent with development of the bond -funded, Police -Fire Training Facility project. In addition, the Department will mn the five new police cadets recently hired through that academy, along with cadets from other area agencies. Essentially, the agreement provides for CAPCOG handling the financial responsibilities and providing course materials for the academy, with the Police Department providing facilities and Instructors, as well as delivering the course content. The plan is to conduct the academy with on -duty personnel. If employees teach on an overtime basis or outside instructors are brought in, CAPCOG will pay those costs. Essentially, there are no costs outside of what might be considered "in-kind" contributions by the Department. Approve the agreement to allow the Department to run the course. CltyerRouMRmk Page 1 Painted on M1WM5 CITY OF ROUND ROCK CONTRACT MANAGEMENT SECTION CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION Required for Submission of Specific City Manager Items Department Name: Project Mgr/Resource: City Manager Approval Approval Project Name: Irdedocal Cantrad ContractorNendoC Capital Area Council of Governments GMA Wording Consider authorizing an Interlocal Contract for Conducting A Satellite Basic Peace Officer Course with Capital Area Council of Governments. Employee E.E. Bowden 6,2015 CAPITAL AREA COUNCIL OF GOVERNMENTS INTERLOCAL CONTRACT FOR CONDUCTING A SATELLITE BASIC PEACE OFFICER COURSE Sec. I. Parties and Purpose 1.1. The Capital Area Council of Governments ("CAPCOG") is a regional planning commission and political subdivision of the State of Texas organized and operating under the Texas Regional Planning Act of 1965, as amended, chapter 391 of the Local Government Code. 1.2. The City of Round Rock ("The City") is a Texas home -rule municipality that operates a police department, seeking to provide a basic peace officer course for candidates. 1.3. CAPCOG Is licensed by the Texas Commission on Law Enforcement as a regional academy, authorized to conduct law enforcement training programs that meet the requirements of TCOLE rules §215.1, §215.3, §215.7 and §215.9. Sec. 2. Goods and Services 2.1. CAPCOG agrees to provide a basic peace officer certification course in the City of Round Rock. The course shall be provided according to the delivery schedule described in Section 3.2 of this Agreement and in accordance with the attached Exhibit A (Assigned Responsibilities) to this contract. The services will be performed by qualified, state certified law enforcement instructors employed by or contracted with the City of Round Rock. 2.2. In signing this contract, both parties agree to provide their relative Assigned Responsibilities as laid out in Exhibit A. Exhibit A maybe amended by mutual agreement of the two parties. Sec. 3. Payment Terms 3.1. CAPCOG will be responsible for financial management of the course, calculating the revenues and collecting tuition fees and class fees from all participants. 3.2. CAPCOG will determine if there are enough participants in the course to cover all expenses prior to starting the course. If CAPCOG deems that there are not enough participants, the City may agree to pay the difference between the amount determined necessary for CAPCOG to cover costs and a deficiency due to shortage of registrants, or the Course will be cancelled or postponed to a date mutually agreeable. Sec. 4. Effective Date and Term of Contract 4.1. When signed on behalf of both parties, this Contract takes effect on the date it is signed on behalf of CAPCOG and it ends, unless sooner terminated under Sec. 6 or 7, on December 31, 2015. Satellite Academy Interlocal - City of Round Rock C 1,A -a015--60 Page 1 o/3 Sec. S. Nondiscrimination and Equal Opportunity 5.1. CAPCOG and the City shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, national origin, sex, age, disability, handicap, or veteran status. Sec. 6. Termination of Contract for Unavailability of Funds 6.1. The City acknowledges that CAPCOG Is a governmental entity without taxing power and agrees that CAPCOG may terminate this contract in whole or part If CAPCOG learns that funds to pay for the goods or services will not be available at the time of delivery or performance. 6.2. CAPCOG terminates this contract for unavailability of funds by giving the City notice of the termination, as soon as it learns of the funding unavailability, and specifying the termination date, which may not be less than 15 calendar days from the notice date. The contract terminates on the specified termination date. Sec. 7. Termination for Breach of Contract 7.1. If the City or CAPCOG breaches a material provision of this contract, the other may notify the breaching parry describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Section 8. 7.2. Termination for breach under Section 7.1 does not waive either parry's claim for damages resulting from the breach. Sec. R. Dispute Resolution 8.1. The parties desire to resolve disputes arising under this contract without litigation. Accordingly, if a dispute arises, the parties agree to attempt in good faith to resolve the dispute between themselves. To this end, the parties agree not to sue one another, except to enforce compliance with this Sec. 8, toll the statute of limitations, or seek an injunction, until they have exhausted the procedures set out in this Section 8. 8.2. At the written request of either parry, each party shall appoint one nonlawyer representative to negotiate Informally and in good faith to resolve any dispute arising under this contract The representatives appointed shall determine the location, format, frequency, and duration of the negotiations. 8.3. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting, the parties agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. Satellite Academy Interlocal -City of Round Rock Pape 2 of 3 8.4. The parties agree to continue performing their duties under this contract, which are unaffected by the dispute, during the negotiation and mediation process. Sec. 9. Notice to Parties 9.1. Notice to be effective under this contract must be in writing and received by the party against whom R is to operate. Notice is received by a parry: (1) when it is delivered to the party personalty; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in Section 9.2 and signed on behalf of the party; or (3) three business days after its deposit In the United States mail, with first-class postage affixed, addressed to the party's address specified in Section 9.2. 9.2. CAPCOG's address is 6800 Burleson Road, Building 310, Suite 165, Austin, TX 78744, Attention: Betty Voights, Executive Director. The City's address is: 221 E. Main Street Round Rock, Texas 78664 Attention: Laurie Hadley, City Manager. 9.3. A party may change Its address by providing notice of the change in accordance with Sec. 9.1. Sec. 10. Exhibits 10.1. The following Exhibit is a part of this contract: A. Assigned Responsibilities Sec. 11. Miscellaneous 11.1. Each Individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. 11.2. (a) This contract states the entire agreement of the parties, and an amendment to it is not effective unless in writing and signed by all parties. (b) The Exhibits are part of this contract. 11.4. This contract is binding on and Inures to the benefit of the parties'successors in interest. 11.5. This contract is executed in duplicate originals. CITY OF,fROUND ROCK, TX CAPITAL AREA COUNCIL OF GOVERNMENTS BY . 4AM A,GG(,c�i u�By "WW" Betty Voights P651�. City Manager Executive Director Date O Date Satellite Academy Interlocal -Clry of Round Rock Page 3 of 3 Responsibilities for Round Rock Satellite BPOC 03/09/2015 Dates of BPOC— 06/15/2015 through 12/31/2015 Instructors CAPCOG Round Rock Registration • Post class to website • Designate training coordinator` training agreements • Process registration of all cadets • Publicize the BPOC to CAPCOG before start of instruction region • Process all cadet forms • Training coordinator availability • Coordinator to ensure attendance to CAPCOG to cadets either telephone or e- mail • Make available all BPOC forms cadets • Collect all payments for BPOC • Provide financial management for the class - payments, purchases, contracts, cancellations are sole responsibility of CAPCOG • Process all VA forms and prequalification letters • Seek EfPS certification from the DAC • Conduct family orientation Instructors • Approve all Instructors • Assist In Instructor selection & recruitment, If needed • Set class schedule, supply • Ensure each Instructor submits • Provide additional handouts if training agreements bio, training agreement and w-9 needed before start of instruction • Pay all instructors • Forward all instructor information • Coordinator to ensure attendance to CAPCOG Classroom Preparation • Provide rules and regulations manual • Coordinator to ensure Instructors are on time and have approved lesson plans. • Provide all BPOC handouts, law • Provide additional handouts if books, and Initial start cadet needed supplies • Provide all instructors with • Coordinator to ensure attendance approved lesson plans log Is maintained and that training facility is kept clean by cadets Discipline CAPCOG Round Rock • Provide test materials • Monitor classes and progress of electronically, Including topical, cadets major and comprehensive tests. • Coordinator able to address cadet • Provide test answer sheets • Ensure all tests are given and results are sent to CAPCOG RLEA; maintain security of test • Pickup all completed tests • Post all grades and provide copies for classroom and Round Rock. Discipline • Provide rules and regulations • Report all academic and manual disciplinary problems to CAPCOG • Provide graduation imitations RLEA immediately • Investigates and determines • Coordinator able to address cadet disciplinary action terminations from BPOC and refer to CAPCOG Director of Regional Law Enforcement Academy • Administers all disciplinary action Graduation • Maintain grade records and provide to Round Rock Work with CAPCOG RLEA on graduation program, speaker • Work with Round Rock on graduation program, speaker • Provide graduation imitations • Provide all graduation certificates Other Report training to TCOLE • Maintain student training records • Provide concluding financial reconciliation The Training Coordinator is expected to be a representative of Round Rock and on-site.