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Home My WebLink AboutResolution - 3189 - Agreement - TTU HSC, CARE Center - Child Abuse Cases Services - 08_24_1989Resolution # 3189 August 24, 1989 Item #23 JCR:da 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 agreement between The Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pedi- atrics ("C.A.R.E. Center") and the City of Lubbock, relating to the provi- sion of services in investigations of child abuse cases referred to C.A.R.E. Center by the Police Department of the City of Lubbock, a copy of which agreement is attached, 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 Resolution as if fully copied herein in detail. Passed by the City Council this 24th day of _ August 1989. /B.C. Mc'I N, MAYOR ATTEST: APP ED 0 CONTENT:: 44 ?2�lez� T omas J. Nichols, Chief of Police APPROVED AS TO FORM: J n C. Ross, Jr. City Attorney Resolution #3189 August 24, 1989 Item #23 STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § 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 lawfully 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, THEREFORE: THIS AGREEMENT is made this 24th day of August , 1989, 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 Agree- ment 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 conditions under which C.A.R.E. Center will provide City with medical evaluation, case review, consultation, professional training, and other needed services in investiaations of child abuse in cases referred to C.A.R.E. Center by the Police Depart- ment of the City of Lubbock. NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree: LPD -- Police Department of the City of Lubbock. City -- The City of Lubbock, Texas. C.A.R.E. Center -- The Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine 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 furnish copies, reports or performs other services, hereinafter enumerated, and based upon such services initiates a crime report and assigns said case for investigation and notifies 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 behalf 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 provided 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 outpatients 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 examina- tion, consultation 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 Dollars ($100.00) per hour. -2- 4. The C.A.R.E. Center will provide eight hours of formal training of LPD personnel in the recognition of child abuse cases, and in the handling of child abuse inves- tigations for which the C.A.R.E. Center will be compen- sated for eight hours of training and four hours of preparation time at the rate of One Hundred Dollars ($100.00) per hour. 5. The C.A.R.E. Center will provide such other consulta- tive services as needed in the investigation of child abuse cases referred to the C.A.R.E. Center by LPD, including expert information necessary to support LPD arrests. COMPENSATION The City shall pay C.A.R.E. Center $2,900.00 per month, which is the monthly prorated amount of the estimated $34,800.00 in services that C.A.R.E. Center will provide City in a year. The estimated amount of $34,800.00 is based on a projected 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 hours of medical examinations and one hour of consultation with LPD and the issuing of a written report at a cost of $400.00 per case (four hours of services at $100.00 per hour). In the event C.A.R.E. Center requires more than four hours to properly evaluate a case for forensic purposes, C.A.R.E. Center shall secure written authorization from City for compensa- tion 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. -3- Notwithstanding anything to the contrary contained in this contract, 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. This Agreement specifically excludes compensation for such items, but is not limited to such items, as child abuse research, prevention, or treatment not needed in forensic evaluations by City.. If the services provided City by C.A.R.E. Center in any one month, based on the number of projected referred cases, exceed $2,900.00, C.A.R.E. Center shall submit to City an itemized statement justifying an increased amount of payment based on an hourly rate of One Hundred Dollars ($100.00) per hour. Payment for the increased amount will be made in the next monthly payment or as soon thereafter as possible for City. If the services provided City by C.A.R.E. Center in any one month do not amount to $2,900.00, the compensation for the last month of the term of this Agreement will reflect the decreased amount. In the event said decreased amount does not repay City for services not rendered but for which C.A.R.E. Center has been compensated, C.A.R.E. Center shall reimburse the difference to City. 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 months which summarizes the services provided and compensa- tion received. TERM OF AGREEMENT The term of this Agreement shall commence on the day of 1989, and shall continue in full -force and effect through the City's fiscal year, which ends on September 30, 1990, unless terminated earlier by 60 days' written notice from either party to the other. The City will pay for the -4- 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 Constitu- tion of the State of Texas. 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 examinations 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 representa- tives, 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 invalid, illegal or unenforceable provision had never been contained herein. 4. This Agreement constitutes the sole and only agreement of the parties hereto and supersede- any prior under- standings or written or oral agreements between the parties respecting the within subject matter. 5. This Agreement shall be changed only by written amend- ment. -5- IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this AGREEMENT FOR SERVICES IN INVESTI- GATIONS OF CHILD ABUSE this 24th day of August 1989. CITY OF LUBBOCK, TEXAS (CITY) BY:,,///%� B. C. McMI N, MAYOR ATTEST:. Ran tte Boyd, City S cretary APPye STO CONTENT: .ra Thomas J. Nichols, Chief of Police APPROVED AS TO FORM: Jahn C. Ross, Jr., City Attorney TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS C.(A�.R.E. CENTER BY:Qa.�rthr(a , Mn DJQ,-C?OR ATTEST: (Title) TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER "� '2 2 , /'- Z''L President 'e � &-� z�y� Vivcye, President1 for Fiscal Affair Associate General Counsel -6-