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HomeMy WebLinkAboutC2012-400 - 10/24/2012 - NAONE YEAR EXTENSION AND AMENDMENT 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 by 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 and previous extensions thereof are attached hereto as "Exhibit 1 ". This Extension Agreement is for 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 Interlocal Agreement between the City and CCISD as amended herein. AMENDMENTS. The City and CCISD affirmatively and expressly agree to amend 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," as follows: ARTICLE 5. ACCESS TO CCISD RECORDS. CCISD shall allow Authorized Representatives of the City to have Internet based computer access to 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 Corpus Christi Municipal Court. This Access, will be limited to the following City personnel ( "City Authorized Representatives "): 1. 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 Juvenile Court Prosecutor and Municipal Court Chief Prosecutor 8, Municipal Juvenile Court Clerks (2) 9. Municipal Court Case Managers The parties may agree, by written and properly executed addendum to this 2012 -400 11/02/12 Page 9 of 2 CCISD INDEXED Agreement authorized by the City Manager and CCISD Superintendent to expand or modify the records to which Authorized Representatives of the City shall have access. WHEREAS, the City and CCISD agree to the terms 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 as to M fE55f5ahf City N-i CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Rvta &�t D. Scott Elliff Superintendent of Pchools Date: V Approved as to legal form: By: John J. Janssen General Cou el r CCISD By: Bria A, C.P.M., Director for Pure fasPg n d istribution Page 2 of 2 Date: Nover -n bee' a, Ql0 I a. INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT REGARDING SHARING OF JUVENILE RECORDS THIS INTERLOCAL AGREEMENT, hereinaftef referred tows "the Agreement ", is made by and between the City of Corpus 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 791 of the Texas Government Cade, ARTICLE 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 for additional 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 under this Agreement, and request as necessary any amendments to accomplish each party's respective goals. 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 juvenfles 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 shall 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 Auffiorized 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 all of the terms and conditions hereof. Each party .shall provide the other party with a current list of all Authorized Representatives, and shall notify the other party, as soon as practicable, when an Authorized Representative terminates employment. The Acknowledgement form to be executed by CCISD Authprized 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 r' v LJ I in r -r-- -4 case disposition for the.sole purpose of determining the status of the following cases filed In Municipal Court: .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 lion-A#tendance 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. Information provided shall cover at least previous two years of data, Data elements to be provided. are listed on the attached Exhibit C. The Corpus Christi independent School District is granted read -only access to the portions of the Corpus Christi Juvenile Assessment Center computer application concerning student Idenfiflcation, school, offense and case information. This access will be limited to the following CCISD personnel ( "CCISD Authorized Representatives'): '1. Director of Student Support Services 2. Secretaries In the Office of Student Support Services (2) 3. Attendance officers (6) 4. CCISD Chief of Police 5. CCISD Police Sergeants (2) B. CCISD Police Captain The patties may agree, by 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 CCISD RECORDS. CCISD shall allow Authorized Representatives of the City to have internet based computer access to most recent two years of CCISD records pertaining to attendance, emergency release information, and grades, far those CCISD students who are being processed through the Juvenile Assessment Center or the Corpus Christi Municipal Court. This access will be limited to the following City personnel ( "City Authorized Representatives 1. 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 Juvenile Court Prosecutor 8. Municipal Juvenile Court Supervisor 9, Municipal Juvenile Court Clerks (2) . 10, Municipal Court Marshal and Deputy Marshals The parties may agree, by written and properly executed addendum to this Agreement authorized by the City Manager and CCISD Superintendent to expand or modify the 2 records to which Authorized Representatives of the City shall have access. ARTICLE 5. —ACCESS. The parties agree to work together to allow Authorized Representatives of each party to have secure infemet basest computer access to juvenile and criminal records described herein via web based applications. Each party shall be responsible for its costs to develop Its 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 31, 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 small provide annual training to the Authorized Representatives of the other party. ARTICLE 8, - PERMISSIBLE USES OF CCISD RECORDS. Authorized Representatives of the City may only use the information obtained from C.C.I.S,p, juvenile records for (he following permitted purposes: - A. To obtain parent/guardian, 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 10. - 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 all steps necessary to ensure that the records are only viewed by Authorized Representatives for the permissible uses stated herein. Each Party understands that the unauthorized release of juvenile and criminal records may subject one to criminal and civil penalties. Accordingly, each party will 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 will 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 information 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 fulfill its obligations as set forth in this Agreement, ARTICLE 12. — AMENDMENTS. Any. and all 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 shall assign, sublet of transfer its interests in this Agreement without the prior wrltten consent of the other party. ARTICLE 14. -.. NOTICES. All 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 75401 With copy to: City. of Corpus Christi Atfn. Director of Parks and recreation P. Q Box 9677. Corpus Christi, Texas 78401 4 For CCiSD: Corpus Christi Independent School District Attn: Superintendent 801 leopard Street Corpus Chrisfi, Texas 78409 ARTICLE 96. - DUPLICATE ORIGINALS. The parties to this Agreement have signed duplicate original counterparts. ARTICLE 16. - APPROPRIATION OF FUNDS. The City and CCiSD agree that the performance of eac Is subject to the ability of the parties to provide or pay for the services required under this Agreement. The City and CCiSD acknowledge that this Agreement between them is entered Into In accordance with the Interlocal Cooperation Act, Chapter 799, 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 avallable to the paying party, and any future payments are subject to appropriations. WHEREAS, the City of Carpus Christi and the Corpus Christ! Independent School District agree to the terms as set forth above, this Agreement shall be effective upon full execution of the Agreement by the proper authorities of each entity, after approval by the governing bodies of such entities, AGREED TO BY; CITY OFACORPUS CHRISTI By, G ? J rge K. Noe C•t a alter Date: 1 0 Attest: By: Armando Chapa, City cretary Armando Chapa City Secretary Approved as to legal form: By: %. Lisa Aguilar, A sistant City Attorney for City Attorney - bzkq�� uL F; Approved as to legal form: tent CORPUS CHRISTI I.SZ. EXHIBIT A ACKNOWLEDGMENT FORM TO BE EXECUTED gY CCISD AUTHORIZED REPRESENTATIVES 1, , have been designated as an Authorized Representative for CCISD, to allow me to receive read only computer access to certain juvenile information of the Corpus Christi }Municipal Court. My current CCISD position title is: I 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 Corpus Christi Municipal Court Information for the sole purpose of determining the status of following cases filed In Corpus Christi Municipal Court:: - (1) GCISD 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, I understand and agree that utilizing such information for any other purpose is prohibited. I 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 abort family, friends, neighbors, co- workers, or anyone when said information is not related to my official duties; D. Distributing information obtained from the computer system without authorization; C. sharing information obtained from the computer system with someone who does not have an official 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 sole use of the person to whom the access code was assigned, Tire access code is not to be used by or revealed to any other person. l understand that unauthorized use of an access code is prohibited. I acknowledge that unauthorized access or disclosure of City records may subject me to civil and criminal penalties. Signed by: Name: Title; Date: C EXHIBIT 6 ACKNOWLEDGMENT FORM TO BE EXECUTED BY CITY OF CORPUS CHRISTI AUTHORIZED REPRESENTATIVES have been designated as an Authorized Representative for 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 Interlocal Agreement executed between the City of Corpus Christi and CCISD, regarding snaring of juvenile-records, effective and I agree to abide by Its terms and condltlons, I agree to access the CCISD computer system for internet based computer access to CCISD records pertaining to attendance, emergency releaso information, and grades, only for 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 offlcial duties. t 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, 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 sorneane who does not have an official 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, I understand that unauthorized use of an access code is prohibited, I acknowledge that unauthorized access or 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): `fle; 7 EXHIBIT C Data Elements to be provided by City to CCISD include the following: A. JAC REPORT Social Security Number if avallable Last name First name Date of birth School/Grade Offense code Description of offense Date (when student went to JAC) Case number Gang affiliation Above requested for CCISD students only, with Initial sort by school and last name. CCISD requests ability to sort on any reported column, and ability to look up information based on any field. B. COURT DOCKET Date Attendance officer Case number Offense code Description of offense School Defendant Student Marne 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 stu dent name Time Modified court order Social security number Gang affiliation (if available) CCISD requests ability to sort by school and last name; ability to sort on any r�; reported column; ability to look up Information based on court data; and or attendance officer. D. REQUEST FOR STANDARDIZED REPORTS 1. Court Orders; a, Report on Individual student b. Look -up by name or student's social security number 2. Student History Report a. Based on Student Name or SSN b. Truancy Information 1 e E