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HomeMy WebLinkAboutResolution - 2001-R0351 - Agreement With STAR Concerning Juvenil Offenders - 09/13/2001Resolution No. 2001-RO351 September 13, 2001 Item No. 49 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 and all related documents by and between the City of Lubbock, Lubbock Independent School District, and Lubbock County Youth Center for the Specialized Treatment and Rehabilitiation project (STAR) with regard to juvenile offenders who have committed detainable offenses, which agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 13th day of September , 2001. ay'�� mow- � WINDY SIT ON, MAYOR ATTEST: _ e -- Rebecca Garza, City Secretary APPROVED AS TO CONTENT: C�7 Quincy Whit Assistant City Manager APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney LLC:cp L:\cityatt\jLinda\STAR.res & ccdocs August 31, 2001 Resolution No.2001-R0351 September 13, 2001 Item No. 49 STATE OF TEXAS § COUNTY OF LUB13OCK § 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'. jr 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 Probation department and/or the court has determined would benefit from placement in a program that is a combination of a regimented discipline approach with an education approach. WHEREAS, LISD will provide the education component of STAR I, 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. WN 1.1 Term. The term of this contract is for a period of one (1) year commencing on October 1, 2001, and ending on September 30, 2002. 1.2 Option to Renew. The parties have the option to renew this contract for two (2) successive one -year -terms, if thirty (30) days prior to the end of the term, the parties agree in writing to renew the contract. II. CONSIDERATION 2.1 The CITY, LISD, and the COUNTY each will contribute NINETY-FOUR THOUSAND AND N0/100 DOLLARS ($94,000.00). 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 Government Code. 2.2 In addition to the funding described in 2.1 hereinabove, 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, in addition to the following: 1. Percentage of STAR participants that progress to a more severe program sanction; 2. Percentage of participants that are referred to JJAEP and TYC; 3. Number of STAR III and IV participants that complete a high school education; 4. Participant recidivism rate. 5. Make a determination of whether the students school attendance has improved after completion of the program. 2.5 As subdivisions of the State of Texas, CITY, COUNTY and LISD are exempt under the Internal Revenue Code Section 170 (b)(1)(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 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 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. 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 behavioral expectations 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. 3.1 Condition of probation The court may require participant in STAR 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 H. 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. 3.2 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. If a student is placed into the program by the Juvenile court, the expense will be borne by the STAR Program. 3.3 Each participant in STAR 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 into 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 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 at 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 complete 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. IV. TERMINATION 4.1 This Agreement may be terminated by mutual agreement of LISD, CITY and COUNTY at any time upon the giving of thirty (30) days written notice of intention to terminate. Mutual agreement is defined as all 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 1 91h Street Lubbock, Texas 79401 TO CITY: City Manager CITY OF LUBBOCK 1625 13`x' 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 13th day of September 2001. LUBBOCK INDEPENDENT SCHOOL DISTRICT By: - ack Clemmons, Superintendent CITY OF LUBBOCK Windy Sitton, Mayor LUBBOCK COUNTY By: 111 !�/461c Judge Tom Head, County Judge Approved as o form: B.. Hemmeline Chief, Civil Division Attorney ATTESTING MAYOR SITTON'S SIGNATURE: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: uincy White Assistant City anager APPROVED AS TO FORM: Linda L. Chamales Supervising Attorney