Res 2023-165R approving a Regional Law Enforcement Academy (RLEA) agreement between the City of San Marcos and the Capital Area Council of Governments (CAPCOG)

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v ~ - � �� Council m�� Capital ��v.xu xvu ^��r��L�� &» ^^� �uv�� Regional L��Enforcement Acad emy Cooperative ��n�� ��~�� nw�a�� ^�~ � ��_��_ _ � � Parties � � �"&9�. ^^. � @i�=�� K]0°x 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.The CAPCOG Regional Law Enforcement Academy(RLEA) provides and sponsors basic peace officer training and in-service training for local /avv enforcement agencies in State Planning Region 12 (Bastrop, Blanco, Burnet, Cu|dvve||, Fayette, Hays, Lee, Llano,Travis,and Williamson Counties). 1.2.City of San Marcos (Agency) has a local law enforcement agency within State Planning Region 12 and provides support toCAPCO6'oRLEAthrough use nftraining facilities. 1.3.This agreement is entered into under Chapter 791 of the Texas Government Code. Sec. 2. Agreement and Duties of the Parties 2.1.Under this cooperative agreement,Agency agrees to make training facilities available to CAPCOG's RLEA that are located at 2300 IH35 South,San Marcos,Texas, 78666, including the driving track, shooting range, and classrooms,to assist CAPCOG in carrying out required driving and firearms courses as part of the Basic Peace Officer Course (BPOC) and limited in-service courses from time to time, pursuant tothe rules identified in Attachment A. CAPCOG anticipates needing to use the facility for two weeks atatime one tothree times ayear. 2.2.Only in-kind contributions are anticipated as consideration for this cooperative agreement. If either party incurs a direct expense for the performance of governmental functions or services provided to carry out this agreement,that party is assumed to be required to pay for that expense without reimbursement from the other party from current revenues available to that party unless explicitly agreed to otherwise by both parties. (see Texas Government Code 791.011(d)(3)). The consideration as contemplated, described, and provided by this section fairly compensates the parties for the duties performed hereunder. Sec. �^�. Term rm 3.1.This agreement is effective upon execution by both parties and terminates on August 31, 2025, unless extended by mutual agreement of the parties or terminated as described in section 3.2. 3.2.Either party may terminate the agreement with 30 days written notice to the other party. «2 �� Miscellaneous °��. ^. ^~"D��"^aneoDDs 4.1.Authority and Capacity: Each party representative executing this agreement represents and warrants that this agreement was approved by the governing body at a meeting held in compliance with the Texas Open Meetings Act and any other law or regulation applicable to the meeting or that the governing body otherwise authorizes the signatory to bind the party to this agreement by executing the agreement onits behalf.