HomeMy WebLinkAboutResolution - 4272 - Amendment #2 To Agreement - TTUHSC, CARE Center - Investigations Of Child Abuse - 10_14_1993Resolution No. 4272
October 14, 1993
Item # 19
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 a Second
Amendment to Agreement For Services in Investigations of Child Abuse by and
between the City of Lubbock and the Texas Tech University Health Sciences
Center, attached herewith, which shall be spread upon the minutes of the
Council and as spread upon the minutes of this Council shall constitute and
be a part of this Resolutjpa-arm fully copied herein in detail.
Passed by the City Counckil this
ATTEST:
Ev'-Or" )A C-Iy-i� -
Bett M. Jo on, City ecretary
APPROVED AS TO CONTENT:
11
orFald Bridgers, ChiefJ6f Police
APPROVED AS TO FORM:
mn ia-u. vanaiver,
City Attorney
DGV:dw/agenda-D2/Abuse.res
rev. August 12, 1993
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THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK
SECOND AMENDMENT TO AGREEMENT FOR SERVICES
IN INVESTIGATIONS OF CHILD ABUSE
WHEREAS, the City of Lubbock and the Texas Tech University
Health Sciences Center School of Medicine Department of
Pediatrics have heretofore on the 22nd day of October, 1991,
entered into an Agreement for the Department of Pediatrics to
provide the City of Lubbock Police Department with the
specialized service of forensic evaluation in suspected child
abuse investigations; and
WHEREAS, the City of Lubbock and Texas Tech University
Health Sciences Center desire to extend said Agreement for one
year; NOW THEREFORE:
The Agreement for Services in Investigations of Child Abuse
heretofore executed by the City of Lubbock and the Texas Tech
University Health Sciences Center upon the 22nd day of October,
1991, is hereby extended through September 30, 1994, under the
same terms and conditions as are set forth therein.
EXECUTED this 14th day
TEXAS TECH UNIVERSITY HEALTH
SCIENCES CENTER:
PRESIDENT
VICE PRESIDENT FOR FISCAL
AFFAIRS
ATTEST:
CITV SEC ARY
APPROVED AS TO CONTENT:
Gx5`2J>z���
POLICE CHIEF
APPROVED AS O FORM: A OVED AS TO FO
AS CIATE GENtAAL COUNSEL AtSISTANT CITY ATTORNEY
DGV:dw/cont-agr/D4/A-Abuse.doc
rev. August 11, 1993
Resolution Nogqgq3/44
October 22, A� M922A4
Item #19
DWM : j s
THE STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
AMENDMENT TO AGREEMENT FOR
SERVICES IN INVESTIGATIONS OF CHILD ABUSE
WHEREAS, it is in the public's interest to investigate the
physical or mental health or welfare of a child who has been or may
be adversely affected by abuse; and
WHEREAS, the Police Department of the City of Lubbock is law-
fully charged with the investigation of possible instances of child
abuse; and
WHEREAS, the C.A.R.E. Center of Texas Tech University Health
Sciences Center School of Medicine Department of Pediatrics can
provide the City with the specialized service of forensic evalua-
tion in suspected child abuse investigations; NOW THEREFORE:
THIS AGREEMENT is made this 22nd day of October
1991, by and between the Texas Tech University Health Sciences
Center School of Medicine Department of Pediatrics C.A.R.E Center,
hereinafter referred to as C.A.R.E. Center and the City of Lubbock,
Texas, hereinafter referred to as City. This Agreement is entered
into pursuant to Texas Revised Civil Statutes Annotated, Art.
4413(32c) (Vernon 1976).
PURPOSE OF AGREEMENT
The purpose of this Agreement is to state the terms and condi-
tions under which C.A.R.E. Center will provide City with medical
evaluation, case review, consultation, professional training, and
other needed services in investigations of child abuse in cases
referred to C.A.R.E. Center by the Police Department of the City of
Lubbock.
NOW THEREFORE, in consideration of the mutual promises herein
contained, the parties hereto agree:
DEFINITIONS
LPD -- Police Department of the City of Lubbock.
City -- The City of Lubbock, Texas.
C.A.R.E.-Center -- The Child Advocacy Research and Educa-
tion Center of the Texas Tech University
Health Sciences Center School of Medi-
cine Department of Pediatrics.
Referred Case -- a referred case as used in this Contract
shall be:
1) a case specifically referred to
C.A.R.E. Center by City in writing
with a request for C.A.R.E. Center
services, hereinafter enumerated;
2) a case where C.A.R.E. Center has
previously provided the services,
hereinafter enumerated, on its own
behalf or at the request of a third
party and subsequently LPD requests
in writing that C.A.R.E. Center fur-
nish copies, reports or performs
other services, hereinafter enumer-
ated, and based upon such services
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initiates a crime report and assigns
said case for investigation and no-
tifies C.A.R.E. Center of such fact;
3) a case where C.A.R.E. Center has
previously provided the services,
hereinafter enumerated, on its be-
half or on behalf of a third party
and subsequently LPD requests in
writing that C.A.R.E. Center furnish
copies, reports or performs other
services, hereinafter enumerated,
and based upon such service so pro-
vided determines that no crime
report should be created or further
investigation had.
SERVICES PROVIDED
1. The C.A.R.E. Center will provide forensic evaluation for out-
patients which includes medical examination, consultation with
LPD personnel and a written report on referred cases.
2. The C.A.R.E. Center will provide forensic evaluation for
hospital inpatients which includes medical examination, con-
sultation with LPD personnel and a written report on referred
cases.
3. The C.A.R.E. Center will provide weekly discussion as needed
of current referred child abuse cases by the Multi-
disciplinary Case Review Team (MCRT) of which one member is an
LPD staff member at the rate of ONE HUNDRED AND N0/100 DOLLARS
($100.00) per hour.
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4. The C.A.R.E. Center will provide eight (8) hours of formal
training of LPD personnel in the recognition of child abuse
cases, and in the handling of child abuse investigations for
which the C.A.R.E. Center will be compensated for eight (8)
hours of training and four (4) hours of preparation time at
the rate of ONE HUNDRED AND N0/100 DOLLARS ($100.00) per hour.
5. The C.A.R.E. Center will provide such other consultative ser-
vices as needed in the investigation of child abuse cases
referred to the C.A.R.E. Center by LPD, including expert in-
formation necessary to support LPD arrests.
COMPENSATION
The City shall pay C.A.R.E. Center TWO THOUSAND NINE HUNDRED
AND NO/100 DOLLARS ($2,900.00) per month, which is the monthly pro-
rated amount of the estimated THIRTY-FOUR THOUSAND EIGHT HUNDRED
AND N0/100 DOLLARS ($34,800.00) in services that C.A.R.E. Center
will provide City in a year. The estimated amount of THIRTY-FOUR
THOUSAND EIGHT HUNDRED AND N0/100 DOLLARS ($34,800.00) is based on
a projected fifty-five (55) referred cases per year plus MCRT and
LPD training time. The C.A.R.E. Center will provide outpatient and
inpatient services, including three (3) hours of medical examina-
tions and one (1) hour of consultation with LPD and the issuing of
a written report at a cost of FOUR HUNDRED AND N0/100 DOLLARS
($400.00) per case (4 hours of services at $100.00 per hour). In
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the event C.A.R.E. Center requires more than four (4) hours to
properly evaluate a case for forensic purposes, C.A.R.E. Center
shall secure written authorization from City for compensation for
such additional services. To facilitate this method of payment,
C.A.R.E. Center will send City a detailed statement at the end of
each month indicating what services were provided and the number of
hours spent on each referred case. The statement from C.A.R.E.
Center will be verified with LPD records and no payment shall be
rendered for any case not referred by City.
Notwithstanding anything to the contrary contained in this
Contract but subject to the minimum amount of payment hereinafter
set forth, the City shall compensate C.A.R.E. Center only for those
cases which are referred cases and only for the services enumerated
in the "Services Provided" clause of this Agreement as requested in
writing by LPD.
If the services provided City by C.A.R.E. Center in any one
month, based on the number of projected referred cases, exceed TWO
THOUSAND NINE HUNDRED AND N0/100 DOLLARS ($2,900.00), C.A.R.E. Cen-
ter shall submit to City an itemized statement justifying an in-
creased amount of payment based on an hourly rate of ONE HUNDRED
AND N0/100 DOLLARS ($100.00) per hour. Payment for the increased
amount will be made in the next monthly payment or as soon there-
after as possible for City.
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The TWO THOUSAND -NINE HUNDRED AND N0/100 DOLLARS ($2,900.00)
monthly payment hereinabove set forth shall be the minimum monthly
payment as the City recognizes the need for a program of services
offered by a service such as C.A.R.E. Center. The existence of
this program and its ready availability is of overall benefit to
the citizens of the City of Lubbock and is beneficial to the
health, safety and welfare of all citizens as it is one method to
improve the care and upbringing of our children and help lessen the
crime rate because of the prevention or removal of cases from the
criminal justice system. Further, the immediate availability of
experienced persons to train and assist police officers in the
evaluation of cases involving suspected child abuse is of the
highest value and importance to the police department.
To ensure the City that C.A.R.E. Center is performing the
functions it represents that it performs, C.A.R.E. Center shall
submit a detailed report at least quarterly to the City Council
showing but not limited to the numbers and types of cases it has
handled during the proceeding quarter. This report shall also show
the nature and extent of research, counseling and prevention pro-
grams. The time for submission of said reports shall be determined
from the date of this amendment. The final annual quarterly report
shall also contain a summation of said terms for the proceeding
year.
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In no event can the total number of hours for which C.A.R.E.
Center is compensated by City exceed eight hundred (800) hours for
the term of this Agreement. The City retains the right to audit
the books of C.A.R.E. Center respecting the within subject matter.
The C.A.R.E. Center will issue to the City a report each four (4)
months which summarizes the services provided and compensation re-
ceived.
TERM OF AGREEMENT
The term of this Agreement shall commence on the 1st day
of October
, 19 91 , and shall continue in full
force and effect through the City's fiscal year, which ends on
September 30, 19 92 , unless terminated earlier by sixty (60)
days written notice from either party to the other. The City will
pay for the performance of services from current revenues available
to City. This Agreement may be renewed annually.
C.A.R.E. CENTER'S LIABILITY
The C.A.R.E. Center shall hold City free from any liability or
responsibility for the acts and omissions of C.A.R.E. Center and
its authorized agents and employees in the performance of any terms
and conditions of this Agreement, and for services rendered by
C.A.R.E. Center, insofar as allowed by the laws and Constitution of
the State of Texas.
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- CONFIDENTIALITY '
In keeping with the safeguarding by the medical profession of
information about a patient obtained in the course of medical
treatment, the results of all evaluations consultations and exami-
nations of cases referred to the C.A.R.E. Center by LPD will be
kept in the strictest of confidence by C.A.R.E. Center and its
employees. Information about individual child abuse cases will be
released only to designated LPD personnel and in compliance with
Texas Family Code Annotated, §34.02 (Vernon 1986).
OTHER PROVISIONS
1. This Agreement and all supplements and agreements incidental
thereto shall be construed by and governed by the Ordinances
of the City of Lubbock and the laws of the State of Texas.
2. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, executors,
administrators, legal representatives, successors and assigns
where permitted by this Agreement.
3. In case any 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
thereof and this Agreement shall be construed as if such
- 8 -
invalid, illegal or unenforceable provision had never been
contained herein.
4. This Agreement constitutes the sole and only agreement of the
parties hereto and supersedes any prior understandings or
written or oral agreements between the parties respecting the
within subject matter.
5. This Agreement shall be changed only by written amendment.
IN WITNESS THEREOF, the parties to these presents have agreed
upon and executed this Agreement for Services in Investigations of
Child Abuse this
22nd day of
October
CITY OF LUBBOCK, TEXAS (CITY)
' BY
. C. McMINN, MAYOR
ATTEST:
Rane to Boyd, City Secre ry
APPROVED AS TO CONTENT:
Donald R. Bridgers Chief of Police
APPROVE AS TO ORM:
ennis W. ill, Trim ttorney
. 1991.
TEXAS TECH UNIVERSITY HEALTH SCIENCES
CENTER SCHOOL OF MEDICINE DEPARTMENT
OF PEDIATRICS C.A.R.E CENTER
BY: (�
ATTEST: TITLE:
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
IDENT
C
VICE PRESIDENT for Fiscal Affairs
Associate General Counsel
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CITY OF LUBBOCK
MEMO
TO: Bob Cass, City Manager
FROM: Donald Bridgers, Chief of Police
SUBJECT: Agenda Comments for October 6, 1993 City Council
Meeting
DATE: September 21, 1993
ITEM #/DESCRIPTION:
Consider resolution authorizing the Mayor to sign an
agreement renewing C.A.R.E. Center contract for one
year.
BACKGROUND/DISCUSSION:
The City of Lubbock Police Department (LPD) has
contracted with Texas Tech University Health Sciences
Center School of Medicine, Department of Pediatrics
Child Advocacy Research and Education Center (C.A.R.E.
Center) for specialized forensic evaluation including
medical evaluation, case review, consultation,
professional training and other needed services for the
investigation of child abuse cases referred to C.A.R.E.
by L.P.D. All suspected cases are referred for
evaluation. Many of the individuals referred do not
show up for the exam or go to a family doctor for
evaluation.
The terms of the agreement are as follows:
Compensation•
1) A minimum of $34,800 per year to be paid in
monthly installment of $2,900 based on a projected
55 referred cases per year, at an estimated 4
hours each. $2,900 will be the minimum monthly
amount paid.
Bob Cass, City Manager
Agenda Comments 10-06-93
September 21, 1993
Page 2
2) Additional services requested by Police Department
over and above those outlined in agreement will be
billed at $100 per hour.
3) In no event shall the total number of hours for
which C.A.R.E. is compensated exceed 800 hours for
the term of the agreement.
SERVICES PROVIDED:
1) C.A.R.E. Center will provide forensic evaluation,
for both outpatients and hospital in patients,
which includes medical examination, consultation
with L.P.D. personnel and a written report on
referred cases.
2) Weekly discussion as needed of current referred
child abuse case.
3) Eight hours of formal training of L.P.D. personnel
in recognizing child abuse and in handling of
child abuse investigations plus 4 hours of
preparation time to be billed at $100 per hour.
4) Other consultative services as needed in
investigation of child abuse cases, including
expert information to support arrests.
OTHER PROVISIONS:
1) Subject to minimum amount City shall compensate
C.A.R.E. Center only for referred cases and only
for services enumerated in "Services Provided"
clause.
2) If services provided in any one month exceed
$2,900, C.A.R.E. Center shall submit itemized
statement justifying increased amount of payment
based on hourly rate of $100/hour.
Bob Cass, City Manager
Agenda Comments 10-06-93
September 21, 1993
Page 3
3) C.A.R.E. Center shall submit a detailed quarterly
report.
4) Agreement may be renewed annually.
The agreement also includes liability and confidentiality
clauses.
For this contract year through August, with one report month
remaining, 127 cases were referred of which 29 resulted in
exams; in addition to 4 consultations, 21 MCRT meetings, 0
training sessions, and 5 other services which included
speaking engagements, providing of expert witness testimony
and courtroom testimony, and preparation for courtroom
testimony have been provided at a total cost of $31,900.
Last year, at this same time, a total of 128 cases had been
referred of which 41 resulted in exams.
,I-Hiul'uiei;��
The actual cost per case is $400, however, a minimum of
$2,900 per month is paid to have service of C.A.R.E.
available to support Police Department Juvenile Division in
the investigation and counseling and possible prosecution of
child abuse cases.
Because the Lubbock Police Department is lawfully charged
with the investigation of possible instances of child abuse
and because the C.A.R.E. Center is able to provide the City
with its expertise in the very specialized service of
forensic evaluation in suspected child abuse investigations,
staff recommends this contract be renewed.
Donald R. Bridgers
Chief of Police
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