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HomeMy WebLinkAboutResolution - 2007-R0380 - Interlocal Agreement - Lubbock County - STAR Program - 08_23_2007 (2)Resolution No. 2007—RO380 August 23, 2007 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock 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) Program and any associated documents with Lubbock Independent School system and Lubbock County for addressing the needs of school children, ages 11-16, whom the Juvenile Justice Center and/or a court have determined would benefit from placement in a program that combines education with a regimented discipline with Lubbock Independent School System and Lubbock County, a copy of which Interlocal Agreement is attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 23rd day of August , 2007. 1'IM GIL,BREATH, MAYOR PRO TEM ATTEST: Rebecca Garza, City Secretary APPROVED AS TO LATENT: RobertD y, unicipal Ju e APPROVEDASFORMj( : Don Vandiver;Attorney of Counsel DDres/STARconRes07 August 8, 2007 t. STATE OF TEXAS COUNTY OF LUBBOCK INTER -LOCAL AGREEMENT )( SPECIALIZED TREATMENT AND REHABILITATION PROGRAM (STAR) FOR FISCAL YEAR 2007-2008 This Inter -Local Agreement (Agreement), is made and entered into pursuant to the Inter - Local Cooperation Act (Chapter 791, Government Code), by and among 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 H, 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. Regardless of the date of execution, the term of this contract is for a period of one (1) year commencing on October 1, 2007, and ending on September 30, 2008. 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. STAR Inter -Local Agreement-FY 2007-2008 H. CONSIDERATION 2.1 The CITY, LISD, and the COUNTY each will contribute ONE HUNDRED FORTY-NINE THOUSAND, TWO HUNDRED EIGHTY-FIVE DOLLARS (149,285.00). 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 LISD and the CITY regarding progress of the program, expenditures, and a census of students enrolled and dismissed during the quarter. 2.5. As subdivisions of 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: 1. Assure that all participants have had physical examinations, and have 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; 3. Serve as the liaison among CITY, COUNTY, and LISD, 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 STAR Inter -Local Agreement-FY 2007-2008 2 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: 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; Develop standards of 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 Junior High and High Schools in LISD, and Project Intercept Unit H. With the approval of the Drill Captain, 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. 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 to have committed 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, at the student's expense, to determine the physical fitness of the student. The physical examination must be performed by a licensed physician. In addition, female students must undergo a STAR Inter -Local Agreement-FY 2007-2008 3 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 H before and after school. Students from LISD enrolled in STAR IV, who are court ordered to participate, will receive their class room 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 provided by COUNTY and/or LISD which includes classes on parenting, communications, etc. 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 dissolution of the Inter -Local 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 19'h Street Lubbock, Texas 79401 TO CITY: City Manager CITY OF LUBBOCK 1625 13' Street Lubbock, Texas 79401 STAR Inter -Local Agreement-FY 2007-2008 4 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. LUBBOCK INDEPENDENT SCHOOL DISTRICT By: Al 00(-"1WAbd Wayn"Q a ens, erintendent Date: 2 - f 6 - 0 CITY OF LUBBOCK By: f Jim Gilbreath, Mayor Pro Tem Date: August 23, 2007 LUBBOCK COUNTY By: /,-/ lQ Thomas V. Head, County Judge Date: ' + 5" 01 Approved as to form: rl_10�, Z J. ` eni" Hemmeline Chief, Civil Division, Lubbock County District Attorney's Office STAR Inter -local Agreement-FY 2007-2008 5