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HomeMy WebLinkAboutResolution - 2019-R0343 - Interlocal Agreement For Juvenile Case Manager Services - Lubbock County - 09/24/2019 Resolution No. 2019-RO343 Item No. 6.24 September 24, 2019 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, a renewal of the Interlocal Agreement for Juvenile Case Manager Services to be provided by Lubbock County, Texas, and related documents, between the City of Lubbock and Lubbock County, Texas. 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 on September 24, 2019 DANIEL M. POPE, MAYOR ATTEST: - 4Rx JK-11 Rebe a.Garza, City Secret ry PROVED AS T CONTENT: Hon. Jorge ernandez, Municipal Ju e APPROVED Johnr ssist t City Attorney /X SAcityatt\CCDOCSIRES.Juvenile CaseManager.2019.doc 'Resolution No. 2019-RO343 THE STATE OF TEXAS § § Interlocal Agreement Juvenile Case § Manager Services provided by the § County of Lubbock COUNTY OF LUBBOCK § This Interlocal Agreement is entered into on this 24th day of September , 2012, by and among the CITY OF LUBBOCK, a home-rule municipality in Lubbock County, Texas, hereinafter referred to as "Lubbock," and LUBBOCK COUNTY, TEXAS, hereinafter referred to as the"County", and collectively referred to as the "Part(ies)," with both parties being political subdivisions and local governments of the State of Texas. This Interlocal Agreement is made and entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Texas Government Code, Chapter 791 and in furtherance of the responsibilities of said parties as provided under the law. WHEREAS,the Parties each maintain courts which have jurisdiction over various criminal matters involving juveniles; WHEREAS, the Parties desire to enter into a mutual agreement to provide a comprehensive and coordinated delivery system to reduce truancy, dropouts and criminal activity, and to provide services deemed appropriate and fiscally possible/feasible by the cooperating entities; NOW THEREFORE: I. AUTHORIZATION A. This Agreement has been duly authorized by the governing body of each party as evidenced by the signatures of the authorized official for each party who signed herein. B. Each party shall designate the appropriate official or officials within its jurisdiction to take actions necessary to carry out the purposes of this Agreement. Each party shall provide the other with the name, address, title or position, email address, and telephone number of each designated official. The same information shall be provided for the official authorized to direct activities under this Agreement, if different from the above mentioned officials. II.COUNTY DUTIES A. The County shall create a Juvenile Case Manager Fund and may set a Juvenile Case Manager Fee at an amount allowed by Texas Code of Criminal Procedure article 102.0174 (b) for each participating court. B. Lubbock County, through its designated department, will provide services in cases involving persons pending in a court responsible for matters related to Texas Code of Criminal Procedure article 45.056, but giving priority to sections 25.093 and 25.094 of the Education Code. v.05.15.18 C. As the entity providing juvenile case manager services, the County will ensure accountability to the judge in whose Court the referral originated, pursuant to Texas Code of Criminal Procedure article 45.0560). D. The County will ensure that individuals providing juvenile case manager services meet minimum training and education standards pursuant to Texas Code of Criminal Procedure article 45.056(f). E. The services to be provided shall include, but not be limited to: i. Coordinating available community resources and juvenile services to ensure that City and County referrals each benefit from mutually shared resource availability. ii. Making referrals to community resources utilizing Lubbock County's Specialized Treatment and Rehabilitation Program ("S.T.A.R. Program") to the fullest intent. iii. Monitoring compliance with court orders; iv. Implementing other policies/services developed by the parties; v. Coordinating services with other City and County departments; and vi. Acting as liaison between the various courts in Lubbock County having jurisdiction over juveniles and juvenile issues. F. The County warrants that its employees are covered under the County's workers compensation insurance plan to the extent allowed by law. To the extent allowed by law, County waives its right to subrogation as it relates to any workers compensation claim by its juvenile case managers. III. CITY DUTIES A. The City shall create a Juvenile Case Manager Fund and set a Juvenile Case Manager Fee at an amount sufficient to fund this Agreement,as allowed by Texas Code of Criminal Procedure article 102.0174 (b). B. The City shall reimburse expenses of the County according to the provisions set forth in Section X of this Agreement, and as allowed by Texas Code of Criminal Procedure, Article 45.056(d). Specifically included are salaries, benefits, training and travel, and costs of administration of the Juvenile Case Manager program. The total amount allocated by the City per fiscal year under this Agreement shall be $75,000.00; said amount is subject to change in future years by mutual written agreement of the Parties as set forth in amendments as anticipated by this Agreement. v. 05.15.18 C. Referrals to Lubbock County shall be made by the Municipal Court, in the Court's sole discretion. IV. OVERSIGHT A. The entities agree to delegate service delivery policy and staffing to the County. Designated representatives from the entities shall form an oversight committee to monitor program and service quality. Each participating court assessing a fee under Texas Code of Criminal Procedure article 102.0174(b)shall have a representative that meets annually with the Director of the Lubbock County Juvenile Justice Center(LCJJC)to assess the County's delivery system. B. At such times as LCJJC updates are provided at the Lubbock County Board of Judges meetings,the Municipal Judge shall have the option of attending the meeting and providing updates. V. WAIVER A. All immunities from liability enjoyed by each party within its own territorial limits and jurisdiction shall extend to its participation in performing actions pursuant to this Agreement unless otherwise provided by law. B. Each party will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. VI. AMENDMENTS A.This Agreement sets forth the entire agreement of the parties and no other oral or written commitments shall have any force or effect if not contained herein. Any amendments shall not be effective until approved in writing by all parties to this Agreement. B. Expansion of the services may include such services as Teen Court and other activities authorized by articles 45.056 and 102.0174 of the Texas Code of Criminal Procedure, and shall be implemented only after an amendment is approved by the respective entities or incorporated in the annual renewal process. VTI. TERM AND EFFECTIVE DATE A. This Agreement shall become effective upon signing by the authorized representatives of both parties and shall remain in effect for a period ending on September 30, 2020, and shall be automatically renewed for one year terms running from October 1 until September 30 of each successive year unless terminated in accordance with the terms and conditions of this Agreement. B. Either party may terminate this Agreement upon ninety (90) days written notice to the other party. v.05.15.18 VIII. VENUE A. Each party agrees that if legal action is brought under this Agreement, exclusive venue shall lie in Lubbock County, Texas. IX. SAVINGS CLAUSE A. In the event that one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. X. PAYMENTS/FUND A. The County shall submit an invoice for reimbursement for services rendered to the City on a monthly basis, no later than the 10th business day after the end of the prior month. The monthly invoice shall not exceed 1112 of the total amount to be paid in any given fiscal year by the City. Payments by the City shall be used by the County only for the qualifying expenses of the Juvenile Case Manager program. B. Payment shall be made by the City within thirty (30) days after receipt of the invoice. C. Funds received from the City shall be used to reimburse the County's Juvenile Case Manager Fund as set forth in the attached budget(Exhibit A). D. The Parties understand and acknowledge that the funding of this Agreement is contained in each Party's annual budget and is subject to the approval of each Party in each fiscal year. The Parties further agree that should the governing body of any of the Parties fail to approve a budget which includes sufficient funds for the continuance of this Agreement, or should the governing body of any of the Parties fail to certify fiends for any reason,then and upon the occurrence of such event, this Agreement shall terminate as to that Party and the Party shall then have no further obligation to any other Party. When the funds budgeted or certified during any fiscal year by a Party to discharge its obligations under this Agreement are expended,any other Party's sole and exclusive remedy shall be to terminate this Agreement. XI. NO JOINT ENTERPRISE A. This Agreement is not intended to, and shall not be construed to, create any joint enterprise between or among the parties. XII. Sovereign Immunity Acknowledged and Retained THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE BY OPERATION OF LAW. THE v.05.15.18 PARTIES RETAIN ALL GOVERNMENTAL IMMUNITIES. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the effective date written below, each respective party acting by and through its governing body or its designee in the manner required by each party's charter or otherwise required by law, on the date herein below specified. CITY OF LUBBOCK, Texas LUBBOCK COUNTY, Texas DAN POPE, Mayor Curtis Parrish, County Judge 7-22-iq ATTEST: AT EST: 14Q&J Re (Becky) arza, Cit ecr ary Kelly ' i n, County Clerk APPROVED S T APPROVED AS TO CONTENT: Jorge Hernandez, Municipal Judge li�ii�A. arte I, Direct r �• Lubbock County Juvenile Justice Center APPRO O M: �-�N VEDA TO FO �: John R. Neal Burt, As 1 t /Atto e Civil Division Lubbock County Criminal District Attorney's Office Juvenile o d Ch i an: uben y , Di Ydge v.05.15.18