HomeMy WebLinkAboutC2013-238 - 6/11/2013 - Approved Q,gn
Interlocal Cooperation Agreement
between the
City of Corpus Christi,
County of Nueces,and
City of Driscoll for
Consolidated Emergency Dispatch Center Services(MetroCom)
(First Amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement)
This Interlocal Cooperation Agreement"(Agreemene') is made by and between the City
of Corpus Christi,Texas ("City"), a Texas home-rule municipal corporation,the County of
Nueces ("County"), a political subdivision of the to of Texas,and the City of Driscoll, Texas
C'Driscoll"),a Texas general law city, each acting herein by and through its duly authorized
official,effective for all purposes upon the execution by all parties.
WHEREAS, the City and County have developed and jointly own an 800-mHz trunked
radio communications system("System")that provides for public safety radio communications
within the jurisdictions of the two entities;
WHEREAS, in 1993, the County commissioned a communications study,the results of
is were known as "MetroCom,"calling forte development of a single consolidated public
safety answering point CTSAP")for all 9-1-1 emergency calls and dispatch functions within the
areas served by the City and the County,with the potential for further consolidation of efforts to
include other cities within Nueces County;
WHEREAS, the City and the County are parties to an Interlocal Cooperation Agreement
dated June 1,2000 (the"Consolidated Emergency Dispatch Center(MetroCom)Agreement"]
providing for the development and implementation of MetroCom; and
WHEREAS,the City of Driscoll,a municipality located within Nueces County, desires to
participate and use MetroCom for all - -1 emergency calls and law enforcement dispatch
functions.
NOW,THEREFORE,BE IT AGREED BY THE CITY OF CORPUS CHRISTI,
THE
®OF NUECES,AND THE CITY OF DRISCOLL ("Parties")-
ARTICLE I- PURPOSE AND GOALS
The purpose and goals of this Agreement shall be to provide cost effective and efficient
emergency services for the citizens and community served by the parties through the use of a
regional 9-1-1 emergency dispatching center staffed by trained professionals to operate the
public safety answering point('PSAP").
ARTICLE 2- SERVICES FOR DRISCOLL
The parties agree to consolidate their public safety dispatch centers into a single public safety
answering point("PSAP"), known as"MetroCom,"for the are served by Driscoll. The PSAP
will handle 9-1-1 emergency calls for Driscoll.MetroCom will transfer all EMS and fire
2013-238 Page 1 of 6
6/11/13
Res. 029865
Nuaces County/Driscoll INDEXED
emergency calls to Bishop Police Department. MetroCom will transfer all law enforcement calls
to Driscoll Police Department dispatcher between the hours of 8:00 a.m.to 5:00 p.m.,Monday
through Friday. Me rn will dispatch Driscoll Police Departnent directly between the hours
of 5-00 p.m. to 8:00 a.m. and on weekends.
ARTICLE 3: FUNCTIONS OF NIETROCOM FOR DRISCOLL
MetroCorn shall provide emergency communications dispatch services to Driscoll as outlined in
the Agreement, Such communication services shall include:
a. 9-1®1 emergency dispatch for fire units,EMS units,and call taking for law enforcement
purposes only;
® Dispatch of responding units;
c. Information services for field units;
d. CMD dispatch and community alert functions;
e. Serve as a point of local emergency service contact for State and Federal resources; and
f. Other dispatching services as approved by operating procedures (SOP).
ARTICLE 4: BACKGROUND SCREENINGS
Driscoll is responsible to ensure that background screenings are conducted on all personnel with
access to the Federal Bureau of Investigations ("FBI")Criminal Justice Information System
("CJIS") systems information. As directed by the FBI CJIS Security Policy: (1)State and
national fingerprint-based record checks must be conducted within 30 days upon initial
employment or assignment for all personnel having access to FBI CJIS systems information; (2)
appropriate background investigations must be conducted on personnel with access to FBI CJIS
Division's record information;and(3) in cases where an applicant already has access from
another law enforcement agency,temporary access may be granted prior to confirmation of the
new identification check. If a record of any kind is found,access will not be granted or allowed
by Driscoll until the Department of Public Safety can review the matter to decide if access is
appropriate.
ARTICLE 5: TLET S and TCIC/NCIC CERTIFICATIONS
Driscoll is responsible to ensure that its employees obtain and maintain current Texas and
National Law Enforcement Telecommunications Systems("TLETS" and"NLETS")and Texas
and National Crime Information Centers ("TCIC" and!NCIC"),certifications, Priorto .........................................................
disseminating any TCIC and NCIC information,Driscoll agrees to file the required certifications
with the City so the City may verify that Driscoll's employees are eligible t o o btain such
information. The City and MetroCorn will deny any request for TCIC and NCIC information
from employees who are not certified or do not have a current certifications on file.
ARTICLE 6: WARRANT FUNCTIONS
Driscoll will be responsible for entering warrant information for its law enforcement agency as
required by law. Agencies that enter records into NCIC are responsible for the accuracy,
timeliness, and completeness of the records. The City, County,and MetroCom.will not assume
the role or duty to enter and update warrant information for Driscoll and will not be responsible
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for the accuracy of such information. The warrant functions performed by Driscoll under this
Agreement shall never shift to the City, County,and MetroCom.
ARTICLE 7: NMTROCOM OPERATING CENTER
The MetroCom center will be administered by the City under the terms of an adopted set of
Standard Operating Procedures(SOP) and budget. These SOPs are to be developed by the
System Operations Committee and all be approved by the MetroCom Board to be binding and
effective. Upon request, a copy of the S and MetroCom budget will be provided to Driscoll.
ARTICLES: SHARED OPERATIONAL COSTS
The parties agree to jointly fund the operations of the MetroCom center. The Me m Board
establishes a method of dividing operating expenses based upon the usage of the system by each
of the entities,and the most efficient method to track and project usage is through the Computer
Aided Dispatch ("CAD") history files. The most recent data shows that Driscoll generates
approximately one(1%)percent of CAD calls. Therefore,effective upon execution,one(1%)
percent of the total operating cost,which for fiscal year ending 2012 is Forty-nine Thousand
($49,000)Dollars,will be allocated to and paid by Driscoll in advance for Metro Coin
dispatching services. For the initial year of this Agreement, the amount due from Driscoll for
MetroCom dispatching services will be prorated based on the number of months remaining in the
current fiscal year(ending July 31,2013)as measured from the last date of execution of this
Agreement. Nothing contained in this Agreement precludes the addition of other PSAPs to the
MetroCom center nor shall this Agreement preclude the allocations of cost t o o ther
administrations,jurisdictions, and program participants.
Currently,the allocation shall be one (1%)percent of the agreed Metro Corn operating expenses
to be paid by Driscoll to the City in one annual payment by October I" of each calendar year or,
if the initial year of the Agreement,within 10 days of execution. The difference between actual
expenditures at the end of the City's fiscal year and the payment provided by Driscoll will be
carried forward and included in the subsequent year's computation of required financing. In the
event actual expenditures exceed budgeted costs,a year-end review shall be conducted by the
Systems Operations Committee to determine and address the cause of the discrepancy.
In the event of an early termination of this Agreement,any uneamed funds paid to the City by
Driscoll will be refunded within 30 days of the termination date of the Agreement. A written
final accounting will be provided to Driscoll along with the remittance payment.
ARTICLE 9: TERM AND TERMINATION
This Agreement shall begin on the final date of execution by all parties for an initial to of one
(1)year and automatically renew annually without further action by the parties. The City's City
Manager,or his designee, is authorized to execute any and all subsequent renewals and
amendments to this Agreement on behalf of the City, unless otherwise prohibited by law. This
Agreement may be terminated at any time by any party upon ninety(90)days written notice to
the other two padies. A violation of either Article 4 or Article 5 shall result in immediate
termination of the Agreement.
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ARTICLE 10: PAYMENT AND CURRENT REVENUE
Payment shall be made by Driscoll within thirty(30)days from receipt of the other party's
request for expenses incurred in the performance of this Agreement. Any payment made by
Driscoll for any of the services provided pursuant to this Agreement shall be made out of current
revenues available to Driscoll as required by the Tex terlocal Cooperation Act.
ARTICLE 11: SEVERABILITY
If any portion of this Agreement,or die application thereof to any person or circumstances, shall
ever be held to be invalid or unconstitutional by any court of competent jurisdiction,the
remainder of the Agreement shall of be affected thereby and shall continue to be enforceable in
accordance with its terms.
ARTICLE 12- NOTICES
Notices allowed or required under this Agreement shall be addressed to and sent to the parties as
indicated below, unless such address is changed by written notice to such effect, and any notice
shall be effective when deposited in the U.S. mail,postage prepaid,certified, return receipt
requested.
CITY: City Manager
1201 Leopard Street
Corpus Christi,TX 78401
with a copy to:
Chief of Police
Corpus Christi Police Department
321 John Sartain
Corpus Christi,TX 78401
COUNTY: County Judge
Nucces County Courthouse
901 Leopard Street, Room 303
Corpus Christi,TX 78401
DRISCOLL: Mayor
City of Driscoll
130 E. Avenue D/P. 0. Box 178
Driscoll,TX 78351 /78351-0178
ARTICLE 13: LAW AND VENUE
All parties shall comply with all applicable federal, State, county and local laws,ordinances,
rules,and regulations pertaining to this Agreement and each party's respective performance
hereunder. This Agreement will be interpreted according to the Texas laws is govern the
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interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces
County,Texas, and be in accordance with the Texas Rules of Civil Procedure.
ARTICLE 14: ENTIRE AGREEMENT AND WRITTEN AMENDMENT
This Agreement represents the entire agreement between the parties and may not be modified by
any oral agreements or understandings. Any amendments must be made in writing and signed by
all parties. No officer ore loyee of any of the parties may waive or otherwise modify the
limitations in this Agreement,without the express action of the governing body of the party.
ARTICLE 15: ASSIGNMENT AND SUCCESSORS
This Agreement shall be binding on and inure tote benefit of the parties to the Agreement and
their respective successors and permitted assigns. This Agreement may not be assigned by any
party without the written consent of all of the other parties. This Agreement does not create any
personal liability on the part of any officer or agent of the City, County, or Driscoll or any of
their respective officers,agents, ore loyees.
ARTICLE 16: LIABILITY
Each party to this Agreement will be responsible for any civil liability for its own actions under
this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on
any immunity,defense,or other protection afforded either party under State or federal law. The
liability, if any, of either party, shall be that prescribed by the laws of the to of Texas.
ARTICLE 17: NON-WAIVER
Failure of any party to this Agreement to insist on the strict performance of any of the conditions
or agreements herein or to exercise any rights or remedies accruing hereunder upon default or
failure of perforinance shall not be considered a waiver of the right to insist on, and to enforce by
any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any
right or remedy occurring as a result of any future default or failure of performance.
ARTICLE 18: NO WAIVER OF IMMUNITY
No party to this Agreement waives or relinquishes any governmental,official, or other immunity
or defense on behalf of itself, its officers, employees, and agents as a result of its execution of
this Agreement and performance of the covenants contained herein.
ARTICLE 19: NO THIRD PARTY BENEFIT
This Agreement and all activities under this Agreement are solely for the benefit of the parties
and not the benefit of any third party.
ARTICLE 20: WARRANTY
This Agreement has been officially authorized by the governing body of each party, and each
signatory has full authority to execute the Agreement and to legally in their respective party to
this Agreement.
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ARTICLE 21: CONTINUATION OF PROVISIONS.
This Agreement amends the existing Consolidated Emergency Dispatch Center Interlocal
Agreement to the extent necessary to add and include the City of Driscoll. All other provisions
of the Consolidated Emergency Dispatch Center Interlocal that do not conflict with this
Agreement remain in full force and effect and are unchanged by this instrument, by intention of
the parties.
EXECUTED in triplicate to bee ec ive as of the last execution date set forth below-
City of Corpus Christi: ATTEST: Approved as to form:
Ronald L. Olson Armando Chapa Carlos Valdez
City Manag City Secret City Attorney,
Date: K L3J Date: 7//3 a ate: 13
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County of Nueees: ATTEST: Approved as to form:
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raura�daa f
Samuel Lo d Neal Diana T. Barrera aura Garza ArnVnez
County uge 111 11 rif Nueves County Attorney
Date: z4, Date:
Q
City of Driscoll: Approved as to form:
J h Aguilar Isabel Chapa 1 ael G. Morris
yor 5 Attorney/.4-
Date: Date Date: °AW/--O
IT MMUNIL Page 6 of 6
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