HomeMy WebLinkAboutResolution - 2014-R0313 - Interlocal Agreement - LISD System - STAR Program - 09/11/2014Resolution No. 2014-R0313
September 11, 2014
Item No. 5.25
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 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 I Ith day of September , 2014.
ATTEST:
Garza, City
AS TO
AS TO
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J�R'P ERTSON,••
STATE OF TEXAS )( INTER -LOCAL AGREEMENT
COUNTY OF LUBBOCK )( SPECIALIZED TREATMENT
AND REHABILITATION
PROGRAM (STAR) FOR
FISCAL YEAR 2014-2015
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 11-17, 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 11, 111, and IV.
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, 2014, and ending on September 30, 2015.
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.
II.
CONSIDERATION
2.1 The CITY, LISD, and the COUNTY each will contribute ONE HUNDRED SEVENTY
THOUSAND, SIX HUNDRED FORTY FIVE DOLLARS ($170,645). 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
Juvenile Supervision Officers, classrooms for instructions, the field on which the students will drill,
STAR Inter -Local Agreement -FY 2014-2015
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 Juvenile Supervision Officers 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 Supervisor, a Assistant Supervisor, and seven Juvenile Supervision Officers.
2.61 The Supervisor 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
Supervisor 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 Juvenile Supervision Officer;
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 Assistant Supervisor and Juvenile Supervision Officer will perform duties including, but
not limited to the following:
1. Assure exercises and regimented drill activities are appropriate for age and maturity
2
STAR Inter -Local Agreement -FY 20142015
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 standards of behavior expected of the program participants;
6. Perform other duties as they are assigned by the Supervisor.
III.
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 II. With the
approval of the Supervisor, 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
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 Supervisor. 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 receive their class room instruction
in Project Intercept II.
3.32 On non -school days (Saturdays, Sundays, and possibly some holidays) children may perform
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STAR Inter -local Ageement-FY 20142015
community service work as designated, or instructed by the Supervisor.
3.4 Once the court ordered participant has completed the STAR Program, the Supervisor 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 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
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.
STAR Inter -Local Agreement -FY 201¢2015
LUBBOCK INDEPENDENT SCHOOL DISTRICT
By:
Dr. Berhl Robertson, Superintendent
Date:
CITY OF LUBBOCK
By
_ e4qzl
en ertson, Mayor
st:
Date: September 11, 2014
Reb ca Garza, City S ret
LUBBOCK COUNTY
By: z 6
Thomas V. Head, County Judge
LUBBOCK COUNTY
Chair
V //zi l "7 01 Y
Approved as to form:
Cori Long
Civil Division,
Lubbock County District Attorney's Office
STAR Inter -Local Agreement -FY 2014-2015
STATE OF TEXAS )( INTERLOCAL AGREEMENT
COUNTY OF LUBBOCK )( SPECIALIZED TREATMENT
AND REHABILITATION
PROGRAM (STAR) ADDENDUM
FOR FISCAL YEAR 2014-2015
This Interlocal Agreement Addendum is made and entered into pursuant to the Interlocal
Cooperation Act, Chapter 791 of the Texas Government Code, by and among LUBBOCK
INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as "LISD", and COUNTY OF
LUBBOCK through the LUBBOCK COUNTY JUVENILE JUSTICE CENTER, hereinafter referred
to as "COUNTY".
WHEREAS, COUNTY will provide A STRUCTURED TRUANCY ABATEMENT CLASS
TO BE HELD IN ADDITION TO THE REGULARLY SCHEDULED INSTRUCTIONAL
PERIODS BY LISD. The truancy abatement class shall be administered by the STAR officers.
WITNESSETH:
I.
TERM
1.1 Term. Regardless of the date of execution, the term of this agreement is to begin January 1, 2014
and end on September 30, 2015.
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.
II.
CONSIDERATION
2.1 LISD will contribute to COUNTY the sum of the wages including overtime cost, benefits,
and expenses incurred by each STAR officer within 30 days of receiving notification by
COUNTY of such expenses. These expenses are a separate item from the original STAR
contracted amount and are the sole expense of LISD. 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
Juvenile Supervision Officers, classrooms for instruction, the field on which the students will drill
and exercise (a gym will be used during inclement weather), showers for the students before school
and at the end of the day, and meals for the students.
2.3. As subdivisions of the State of Texas, COUNTY and LISD are exempt under the Internal
Revenue Code Section 170 (b)(A)(iii).
STAR Interbcal Agreement -FY 2014-2015
TERMINATION
3.1 This Agreement may be terminated by mutual agreement of both LISD and COUNTY at any
time upon the giving of a thirty (30) day written notice of intent to terminate. 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 COUNTY: County Judge
LUBBOCK COUNTY COURTHOUSE
P.O. Box 10536
Lubbock, Texas 79408
IV.
VENUE
4.1 Venue will be in Lubbock, Lubbock County, Texas.
LUBBOCK INDEPENDENTS OOL DI`'�
By: Date:
Dr. Berhl Robertson, Superintendent
LUBBOCK COUNTY l
Date:
John "Trey" McClendon, Juvenile Board Chairman
By: bl / j e� Date:.
Thomas V. Head, County Judge
Approved as to form:
Nk In
Cori Long
Civil Division,
Lubbock County District Attorney's Office
STAR Inrerlxal Agreement -FY 2014-2015
Date:
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