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HomeMy WebLinkAboutResolution - 2002-R0485 - Interlocal Agreement For STAR Project - LISD - 11_14_2002Resolution No. 2002-RO485 November 14, 2002 Item No. 30 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for the Specialized Treatment and Rehabilitation (STAR) project, by and between the City of Lubbock, Lubbock Independent School District, and Lubbock County, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 14th ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Harold Domingu Assistant to the City Manager APPROVED AS TO FORM: /44Z� d' d�' William de Haas Contract Manager/Attorney gs/ccdocs/Interlocal Agrmnt.STAR.res October 1, 2002 day of November , 2002. rA� STATE OF TEXAS )( COUNTY OF LUBBOCK )( Resolution No. 2002-RO485 November 14, 2002 Item No. 30 INTERLOCAL AGREEMENT This Interlocal Agreement (Agreement), made and entered into pursuant to the Cooperation Act (Chapter 791, Government Code) by and between LUBBOCK INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD", the CITY OF LUBBOCK, hereinafter referred to as "CITY", and COUNTY OF LUBBOCK through the LUBBOCK COUNTY JUVENILE JUSTICE CENTER, hereinafter referred to as "COUNTY". WHEREAS, the SPECIALIZED TREATMENT AND REHABILITATION project, hereinafter referred to as "STAR", is a cooperative -venture between LISD, CITY, and COUNTY that will address the needs of school children, ages 11-16, who have committed offenses agreed upon by all parties and whom the Lubbock County Juvenile Justice Center and/or the court has determined would benefit from placement in a program that combines education with a regimented discipline. WHEREAS, LISD will provide the education component of STAR II, III, IV, and V. WHEREAS, COUNTY will provide (1) the regimented drill and exercise and (2) some counseling and (3) probation supervision to portions of the STAR program. WITNESSETH: I. TERM 1.1 Term. The term of this contract is for a period of one (1) year commencing on October 1, 2002, and ending on September 30, 2003.. 1.2 Option to Renew. The parties have the option to renew this contract for three (3) successive one- year -terms, if thirty (30) days prior to the end of the term, the parties agree in writing to renew the contract. CONSIDERATION 2.1 The CITY, LISD, and the COUNTY each will contribute ONE HUNDRED THIRTY-TWO THOUSAND THREE HUNDRED SEVENTY-TWO AND NO/100 DOLLAA($132,372) LESS one-third of the 2002 STAR Program fund balance. Each party paying for the performance of governmental functions or services hereunder must make those payments from current revenues available to the paying party as required by Section 791.011 of the Texas Government Code. 2.2 In addition to the funding described in 2.1. herein above, LISD will provide offices for the drill instructors, classrooms for instructions, the field on which the students will drill and exercise (a gym will be used during days of inclement weather), showers for the students before school and at the end of the day, and the meals for the students. 2.3 The COUNTY will provide travel and training for the drill instructors assigned to the project and arrange for court hearings for placement of the students into the program. 2.4. The COUNTY will provide quarterly reports to the L.ISD and the CITY regarding progress of the program, expenditures, and a census of students enrolled and dismissed during the quarter. 2.5. As subdivisions for the State of Texas, CITY, COUNTY, AND LISD are exempt under the Internal Revenue Code Section 170 (b)(A)(iii). 2.6. Positions to be funded by this Agreement, with the funds being deposited and dispersed by the COUNTY, include a Drill Captain, a Senior Drill Instructor, and seven Drill Instructors. 2.61 The Drill Captain will report to the Director of the Lubbock County Juvenile Justice Center and serve as the coordinator of the regimented close order drill and exercise portion of the program. The Drill Captain will perform duties including, but not limited to the following: Assure that all participants have had physical examinations and been cleared by a physician for participation in the program; 2. Assure exercises and regimented drill activities are appropriate for age and maturity level of participants; Serve as the liaison between LISD and the COUNTY on matters related to the STAR Program; 4. Supervise and evaluate performance of drill instructors; 5. Provide to assigned probation officer progress reports on program participants; 6. Maintain data necessary for evaluative purposes; 7. Provide quarterly reports that include: number of juveniles enrolled in STAR III and IV Programs; number and type of criminal offenses committed by each juvenile prior to enrollment in STAR III and IV Program; criminal offenses committed by juveniles during STAR III and IV Programs participation; number and type of any criminal offense committed by a juvenile six months after completing the STAR Program. 8. Perform other duties as they are assigned by the Director of the Lubbock County Juvenile Justice Center. 2.62 The Senior Drill Instructor and Drill Instructors will perform duties including, but not limited to the following: 1. Assure exercises and regimented drill activities are appropriate for age and maturity level of participants; 2. Provide to assigned probation officer progress reports on program participants; 3. Maintain data necessary for evaluative purposes; 4. Complete attendance reports on all individuals assigned to program; 5. . Develop behavior expected of the program participants; 6. Perform other duties as they are assigned by the Drill Captain. METHODOLOGY A child's placement into the program occurs as a condition of probation or upon a referral from LISD, Justice of the Peace Court, and/or the Municipal Court. 3.1 Condition of probation. The court may require participation in the STAR Program as a condition of probation. 3.11 Referral from LISD. Referrals will be made to the STAR Program by principals, or their designees, from both junior high and high schools in LISD and Project Intercept Unit II. A student will be eligible for the STAR Program if the child demonstrates adverse behavior in school and school officials deem it in the best interest of the child to participate in the program with approval of the Drill Captain. 3.12 Referrals from Justice of the Peace and Municipal Courts. Referrals may be made to the STAR Program by Justice of the Peace and Municipal Court Judges. Those juvenile offenders who have been found guilty of Class C misdemeanors as specified in the Texas Penal Code may be eligible for participation in the STAR Program as part of a disposition imposed by the court. 3.2 Physical examination. Prior to starting the STAR Program students must have a physical examination to determine physical fitness of the student at the student's expense. The physical must be performed by a licensed physician. In addition, female students must undergo a pregnancy examination prior to participation in the STAR Program. Those testing positive will not be considered for admittance to STAR. 3.3 Each participant in the STAR Program will be required to report to school at a time designated by the Drill Captain. The parents of children placed in the program as a condition of probation will be ordered by the court to transport the child to and from the STAR Program. Children placed in to the program by LISD will be transported to and from the program by their parents. 3.31 During weekdays, the student will participate in the close order drill and exercise portion of STAR Program which occurs at Project Intercept II before and after school. Students from LISD enrolled in STAR IV, who are court ordered to participate, will be receiving their class instruction in Project Intercept II. 3.32 On non -school days (Saturdays, Sundays, and possibly some holidays) children may perform community service work as designated or instructed by the Drill Captain. 3.4 Once the court ordered participant has completed the STAR Program, the Drill Captain and assigned probation officer will meet with the child and his/her parents to determine a supervision plan for the remainder of the period of probation. LISD and COUNTY representatives will continue to work with the child to assist the child in maintaining the self-discipline and appropriate behaviors learned during the twelve week aftercare program. Parents will be encouraged to participate in the programming provide by COUNTY and/or LISD which includes classes on parenting, communications, etc. IV. TERMINATION 4.1 This Agreement may be terminated by mutual agreement of LISD, CITY, AND COUNTY at any time upon the giving of a thirty (30) day written notice of intent to terminate. Mutual agreement is defined as parties consenting in writing to the unconditional dissolving to the Interlocal Agreement. All notices shall be in writing and sent by registered or certified mail addressed as follows: TO LISD: Superintendent LUBBOCK INDEPENDENT SCHOOL DISTRICT 1628 19th Street Lubbock, Texas 79401 TO CITY: City Manager CITY OF LUBBOCK 1625 1) Street Lubbock, Texas 79401 TO COUNTY: County Judge LUBBOCK COUNTY COURTHOUSE P.O. Box 10536 Lubbock, Texas 79408 V. VENUE 5.1 Venue will be in Lubbock, Lubbock County, Texas. EXECUTED this the 14th day of November , 2002. LUBBOCK INDEPENDENT SCHOOL DISTRICT By: ack Clemmons, Superintendent CITY OF LUBBOCK CO Approved as to form: Beni Hemmeline Chief Civil Division, Lubbock County District Attorney's Office Approved as to form: .//K�� /& /Vr� William de Haas Contract Manager/Attorney Mayor Tom Head, County Judge Attest: Rebecca Garza City Secretary