HomeMy WebLinkAboutC2010-414 - 9/22/2010 - NAONE YEAR EXTENSION OF THE
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
REGARDING SHARING OF JUVENILE RECORDS
THIS EXTENSION OF THE INTERLOCAL AGREEMENT, hereinafter referred to as
"the Extension Agreement", is made by and between the City of Corpus Christi
(hereinafter referred to by name, or as "the City"}, and the Corpus Christi Independent
School District (hereinafter referred to kiy name or as "CCISD"}.
CONTRACT TERM AND CONDITIONS.
By this Extension Agreement, the City and CCISD affirmatively and expressly agree to
extend the terms and conditions of an original Interagency Agreement between them
regarding the sharing of records, a copy of which Interagency Agreement is attached
hereto as Exhibit "1". This Extension Agreement is far a term of one year. The effective
date of this Extension Agreement is defined as the latest date of signature on this
Extension Agreement by the City and CCISD. The Extension Agreement will be in
accordance with all provisions and conditions stipulated in the original Interiocal
Agreement between the City and CCISD.
WHEREAS, the City and CCISD agree to the #erms as set forth above, this Extension
Agreement shall be effective upon full execution of the Extension Agreement by the
proper authorities of each entity.
AGREED TO BY:
CITY OF CORPUS CHRISTI
CORPUS CHRISTI INDEPENDENT
SCHOOL DISTRICT
r
sy: ~
Ang .Escobar
City Manager
Date: 2i ~
By: .~ ° -
D. Scott Elliff
Superintendent of Scl•
Date: ~'~ / .~~
Approved as to legal form: ~ ° ~2-I -~
13y: ~'~~ ~~
fl-3s-~. City Attorney ` '~
2010-414
09/22/10
Approved as to legal form:
John J. Janssen
CCISD Staff Attorney
CCISD _~~~~'~
[NTERLOCAL AGREEMENT BETWEEN
THE CITY OF CORPUS CHRISTI AND
THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
REGARDING SHARING OF JUVENILE RECORDS
THIS INTERLOCAL AGREEMENT, hereinafter referred to as "the Agreement", is made by
and between the City of Carpus Christi (hereinafter referred to by name or as "the. City"), a
home rule city, and the Corpus Christi Independent School District (hereinafter referred to
by name or as "CCISD"), pursuant to Chapter 79~ of the Texas Government Coda.
ARTIGLE 1. -CONTRACT TERM.
This Agreement is for a term of two years. The effective date of this Agreement is defined
as the latest date of signature on this Agreement by the City and CCISD. Upon written
agreement of the City Manager and the CCISD Superintendent, this Agreement shall be
renewed far additions[ one year periods. At least sixty days prior to the end of each term,
the parties agree to meet to review the services provided and received ander this
Agreement,. and request as necessary any amendments to accomplish each party's
respective goats.
ARTICLE 2. -PURPOSE.
The purpose of this Agreement is to allow Authorized Representatives of the City and
CCISD to share and have secure Internet based access to certain juvenile records, subject
to the terms and conditions stated herein, for the purpose of providing services to the
student or minor and parents whose records and information are being disclosed, in order
to better serve juveniles in the community, and to comply with state law reporting
requirements.
ARTICLE 3. AUTHORIZED REPRESENTATIVES.
Each party to this Agreement shall designate one or more employees ("Authorized
Representatives") who sha[I have full authority to access and properly disseminate certain
records and information described herein, all for official purposes only. Each party may
monitor the access of the other party's Authorized Representatives to the computer system
records.
Each Authorized Representative shall acknowledge in writing that he or she has read this
Agreement, and will fully comply with ali of the terms and conditions hereof. Each party
shall provide the other party with a current list of al[ Authorized Representatives, and shall
notify the other party, as scan as practicable, when an Authorized Representative
terminates employment. The Acknowledgement farm to be executed by CCISD Authorized
Representatives is attached as Exhibit A. The Acknowledgment form to be executed by
City Authorized Representatives is attached as Exhibit B.
ARTICLE 4. ACCESS TO CITY RECORDS.
The Corpus Christi Independent School District is granted read-only access to the data
elements of the City Municipal Court's management systems related to case filing and
EXHIBIT 1
case disposition for the sole purpose of determining the status of the following cases filed
in Municipal Court: ('I} CCISD students charged with Failure to Attend School violations;
(2) CCISD students charged with Daytime Curfew violations; (3) Adults charged with
Parent Contributing to Non-Attendance of a student enrolled in CCISD; and (4) assault and
possession of drug paraphernalia cases fled and their dispositions pursuant to Art. ~ 5.27
Code of Criminal Procedure. Information provided shall cover at least previous two years
of data.
Data elements to be provided are fisted on the attached Exhibit C.
The Carpus Christi Independent School District is granted read-only access to the portions
of the Corpus Christi Juvenile Assessment Center computer application concerning
student identification, school, offense and case information.
This access will be limited to the following CCISD personnel ("CCISD Authorized
Representatives"}:
~ . Director of Student Support Services
2. Secretaries in the Office of Student Support Services (2}
3. Attendance Officers (6}
~. CCISD Chief of Police
5. CCISD Police Sergeants (2)
6. CC[SD Police Captain
The parties may agree, tay written and properly executed addendum to this Agreement
authorized by the City Manager and CCISD Superintendent to expand or modify the
records to which CCISD shall have access.
ARTICLE 5. ACCESS TO CC[SD RECORDS.
CCISD shall allow Authorized Representatives of the City to have Internet based computer
access #o most recent two years of CCISD records pertaining to attendance, emergency
release information, and grades, for those CCISD students who are being processed
through the Juvenile Assessment Center or the Carpus Christi Municipal Court.
This access will be limited to the following City personae! ("City Authorized Representatives"):
'!. Juvenile Assessment Center Superintendent
2. Juvenile Assessment Center Administrative Assistant
3. Juvenile Assessment Center Intake Specialists
4. Juvenile Assessment Center Case Managers
5. Juvenile Assessment Center Program Managers.
6. Municipal Juvenile Court Judge
7. Municipal Juveniie Court Prosecutor
8. Municipal Juvenile Court Supervisor
9. Municipal Juvenile Court Clerks (2}
'l 0. Municipal Court Marshal and Deputy Marshals
The parties may agree, by written and property executed addendum to this Agreement
authorized by the City Manager and CCISD Superintendent to expand or modify the
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records to which Authorized Representatives of the City shall have access.
ARTICLE 6. -ACCESS,
The parties agree to work together to allow Au#horized Representatives of each party to
have secure Internet based computer access to juvenile and criminal records described
herein via web based applications. Each party shall be responsible for its costs to
develop i#s respective web based application. Each party shall take actions it deems
necessary to protect its data, including data encryption. CCISD records are available upon
completion of CCISD training. City plans to allow Internet based computer access of
juvenile records no later than December 33, 2007.
ARTICLE 7 -TRAINING.
Prior to access being granted, the owner of the web based application shall provide
training to the Authorized Representatives of the other party. Thereafter, the owner of the
web based application shat! provide annual training to the Authorized Represen#atives of
the o#her party.
ARTICLE 8. - PERMISSIBLE USES OF CCISD RECORDS.
Authorized Representatives of the City may only use the information obtained from
C.C.I.S.D. juvenile records for the following permitted purposes:
A. To obtain parentlguardian, address and telephone number information of juvenile
cases filed at Municipal Court or cases processed at Juvenile Assessment Center;
B. To obtain attendance records and grades of juvenile defendants with cases filed at
Municipal Court or for juveniles being processed at Juvenile Assessment Center;
C. To report Municipal Court outcomes or Juvenile Assessment Center outcomes in
aggregate form.
ARTICLE 9. PERMISSIBLE USES OF CITY RECORDS.
Authorized Representatives of CCISD may only obtain and use records from the City to
determine the status of following cases; (1) CCISD students charged with Failure to
Attend School violations; (2) CCISD students charged with Daytime Curfew violations; (3)
Adults charged with Parent Contributing to Non~Attendance of a student enrolled in
CCISD; and (4) assault and possession of drug paraphernalia cases filed and their
dispositions pursuant to Art. 15.27 Code of Criminal Procedure.
ARTICLE 1 d. -ADDITIONAL RESTRICTIONS.
Neither party nor its Authorized Representatives shall release or disclose to the public, or
any third party, any records or information of the other Party, except as required by State
or Federal law. Each party shall take ail steps necessary to ensure that the records are
only viewed by Authorized Representatives for the permissible uses stated herein. Each
3
party understands that the unauthorized release of juvenile and criminal records may.
subject one to criminal and civil penalties. Accordingly, each party wil! educate and inform
its staff regarding permissible uses of the juvenile and criminal records obtained from the
other party. The parties further agree that the information or records disclosed or obtained
pursuant to this Agreement wilt be retained by the receiving party in a manner and for such
times in accordance with the applicable record retention Laws identified by each Party after
the need for such infiormation ceases to exist. Pursuant to applicable laws and
regulations, the City anticipates that it will retain the CCISD records provided under this
Agreement until the latter of the following dates:
Sixty days after end of City fiscal year in which Defendant turns 17; or
Sixty days after end of City fiscal year in which Defendant's case is closed.
ARTICLE '11. -TERMINATION.
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreement and consent in writing by both parties;
B. By either party upon thirty (30} days written notice to the other party;
C. By either party upon the failure of the other party to fulfil( its obligations as set forth
in this Agreement.
ARTICLE 12. -AMENDMENTS.
Any and ail changes to this Agreement may be enacted by written amendment or
addendum properly executed~by the appropriate representative of each party.
ARTICLE 13. --ASSIGNMENT
Neither party steal! assign, sublet or transfer its interests in this Agreement without the prior
written consent of the other party.
ARTICLE 14. -NOTICES.
Ali notices from either party to the other required under this Agreement shall be personally
delivered or mailed to such party at the following address:
For the City: City of Corpus Christi
Attn: Director of Municipal Courts
120 N. Chaparral
Corpus Christi, Texas 78401
With copy to: City ofi Corpus Christi
Attn: Director of Parks and Recreation
P. O. Box 9677
Corpus Christi, Texas 78401
4
For CCISD: Corpus Christi Independent School District
Attn: Superintendent
801 Leopard S#reet
Carpus Christi, Texas 784Q1
ARTICLE 15. _ DUPLICATE ORIGINALS.
The parties to this Agreement have signed duplicate original counterparts.
ARTICLE 16. -APPROPRIATION OF FUNDS.
The City and CCISD agree that the pertormance of each is subject to the ability of the
parties #o provide or pay for the services required under this Agreement. The City and
CCISD acl<nawledge that this Agreement between them is entered into in accordance with
the Interlacal Cooperation Act, Chapter 791, Texas Government Code, In accordance with
said Act, the parties hereto acknowledge that any payments made pursuant to the terms of
this Agreement shall be made from current revenues available to the paying party, and any
future payments are subject to appropriations,
WHEREAS, the City of Carpus Christi and the Corpus Christi Independent School
District agree to the terms as set forth above, this Agreement shall be effective upon foil
execution of the Agreement bythe-proper authori#ies of each entity, after approval by the
governing bodies of such entities.
AGREED TO BY:
CITY O CORPUS CHRISTI
By:
G rge K. Noe, C'tyy ar~ager
Date: _ ~ ~ 13~u ~P
CORPUSCHRISTI I.S.D.
gY~ ~
Superinten e}nt of cho
Date: ~ 1 J Sin ,1
Attest: ~~
By: By.
Armando Chapa, City cre#ary Dr. Manuel fore , oard President
Armando Chapa
City Secretary
Approved as to legal form: ~ • ~• ~L
By: ~z:.
Lisa Aguilar, A sistant City A#torney
for City Attorney
oz~ys5 ~~1~~~~-~~~
n ['f~A1L~3~c~ lv~
Approved as to legal form:
By: s
or y or SD
5
EXHIBIT A
ACKNOWLEDGMENT FORM TO BE EXECUTED BY CCISD AUTHORIZED
REPRESENTATIVES
1, ,have been designated as an Authorized Representative far CCISD,
to allow me to receive read only computer access to certain juvenile information of the
Corpus Christi Municipal Court. My current CC15D position title is:
! have received and read a copy of the Interlocal Agreement executed be#ween the City of
Corpus Christi and CCISD regarding sharing of juvenile records, effective
and !agree to abide by its terms and conditions.
agree to access the Corpus Christi Municipal Court information for the sole purpose of
determining the status of following cases filed in Corpus Christi Municipal Court:
('I) CCISD students charged with Failure to Attend School violations;
(2) CCISD students charged with Daytime Curfew violations;
(3) Adul#s charged with Parent Contributing to Non-Attendance of a student enrolled in
CCISD; and
(4) Assaul# and possession of drug paraphernalia cases filed and their dispositions
pursuant to Art. '15.27 Code of Criminal .Procedure.
I understand and agree that utilizing such information for any other purpose is prohibited.
1 understand and agree that prohibited uses of City information include but are not limited
to the following: .
A. Utilizing the computer system to obtain information about family, friends,
neighbors, co-workers, or anyone when said information is not related to my official
duties;
B. Distributing information obtained from the computer system without authorization;
C. Sharing information obtained from the computer system with someone who does
-not have an offcial need to know about the information;
D. Disclosing my access code;
E. Entering any information onto or deleting any information from any record of the
computer system;
F. Failing. to log off of the computer system before leaving the work area;
Each access code assigned by the City is for the sale use of the person to whom the
access code was assigned, The access code is not to be used by or revealed to any other
person. 1 understand that unauthorized use of an access code is prohibited.
f acknowledge that unauthorized access or disclosure of City records may subject me to
civil and criminal penalties.
Signed by:
Name:
Title:
Date:
b
EXHIBIT B
ACKNOWLEDGMENT FORM TO BE EXECUTED BY CITY OF CORPUS CHRISTI
AUTHORIZED REPRESENTATIVES
!~ ,have been designated as an Authorized Representative fior the City
of Corpus Christi, to allow me to receive read only computer access to certain CCISD
student information. My current City title is: My work
telephone number is:
have received and read a copy of the lnterlocal Agreement executed between the City of
Corpus Christi and CCISD, regarding sharing of juvenile records, effective
and I agree to abide by its terms and conditions. '
I agree to access the CCISD computer system for Internet based computer access to
CCISD records pertaining to attendance, emergency release information, and grades, only
far those CCISD students who are being processed through the Juvenile Assessment
Center or the Corpus Christi Municipal Court, only when necessary as part of my official
duties.
E understand and agree that utilizing such information for any other purpose is prohibited.
I understand and agree that prohibited uses of CCISD information include but are not
limited to the following:
A. Utilizing the computer system to obtain information about family, friends,
neighbors, ca-workers, ar anyone when said information is not related to my official
duties;
B. Distributing information obtained from the computer system without authorization;
C. Sharing information obtained from the computer system with someone who does
not have an ofificial need to know about the information;
D. Disclosing my access code;
E. Entering any information onto or deleting any information from any record of the
computer system;
F. Failing to log off of the computer system before leaving the work area;
Each access code assigned by CCISD is for the sole use of the person to whom the
access code was assigned. The access code is not to be used by or revealed to any other
person. E understand that unauthorized use of an access code is prohibited,
I acknowledge that unauthorized access ar disclosure of CCISD records may subject me
to civil and criminal penalties, and to employee discipline, up to and including termination.
I certify that I will not disclose or otherwise use any CCISD student information except as
specifically permitted herein.
.Signed by:
Employee Signature: Date:
Employee's Name (printed}:
Title:
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EXHIBIT C
Data Elements to be provided by City to CCISD include the following:
A. JAC REPORT
Social Security Number if available
Last name
First name
Dale of birth
School/Grade
Offense code
Descrip#ian of offense
Date (when student went to JAC)
Case number
Gang affiliation
Above requested far CCISD students only, with initial cart by schaal and last name.
CCISD requests ability to sort on any reported column, and ability to look up
information based ors any field.
B. COURT DOCKET
Date
Attendance officer
Case number
Offense code
Description of offense
School
Defendant
Student Name
Time
Social Security Number
Gang Affiliation (if available)_
CCISD requests ability to sort by school and last name. Ability to sort on any
reported column; ability to look up information based on court date; and or
attendance officer.
C. LIST OF VIOLATORS
Date
Attendance officer
Case number
Offense code
Description of offense
School
Defendant
Student name
Time
Modified court order
Social security number
Gang affiliation (if available)
CCISD requests ability to sari by school and East name; ability to sort on any
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reported column; ability to look up information based on court date; and or
attendance officer.
D. REQUEST i=OR STANDARDIZED REPORTS
1. Court Orders:
a. Report on individual student
b. Look-up by name ar student's social security number
2. Student History Report
a. Based on Student Name or SSN
b. Truancy Information
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