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HomeMy WebLinkAboutResolution - 2016-R0391 - Interlocal Agreement - CARE Center Of TTUHSC Pediatrics - 10/27/2016Resolution No.2016-R0391 Item No.6.29 October 27.2016 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager's execution for and on behalf of the City of Lubbock and its Police Department of an Interlocal Agreement for Services in Investigation of Child Abuse with the C.A.R.E.Center of Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics,and related documents,is hereby RATIFIED.Said Interlocal Agreement provides for investigative forensic examinations of child victims of sexual abuse and 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 on October 27 ,2016. ATTEST: >A& Rebepca Garza. City Secretai OVED AS TO CONTENT les Loomis,City Manager APPROVED AS TO CONTENT: Grc^kevej (me A Av APPROVE )AN lo l-oi sistanl Ci,ty"^ttorney ia^/3^ DANIEL M.POPE,MAYOR C'C'DOCS RhS.RatitlcationlntcrlocalCARHAgrocmont'I II I ISC.2D16.duc Resolution No. 2016-RO391 THE 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 and mental health and 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 lawftdly 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 evaluation in suspected child abuse investigations; NOW THEREFORE: ARTICLE I 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 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. ARTICLE II 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 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 Agreement shall be: 1) a case specifically referred to C.A.R.E. Center by LPD 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 fumish copies, reports or perform 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 perform other services, hereinafter enumerated, and, based upon such services so provided, determines that no crime report should be created or further investigation had. ARTICLE III SERVICES PROVIDED 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 examination, 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. 4) The C.A.R.E. Center will provide such other consultative 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. ARTICLE IV COMPENSATION The City shall pay C.A.R.E. Center a fee not to exceed ONE THOUSAND AND NO/ 100 DOLLARS ($1000) for examinations of a crime that occurred on or after July 15, 2016. The City shall pay C.A.R.E. a fee not to exceed SEVEN HUNDRED AND th NO/I 00 DOLLARS ($700) for examinations of a crime that occurred prior to July 15 2016. Any and all fees shall not exceed the reasonable costs based on the Texas Department of Insurance, Division of Workers' Compensation Medical Fee Guidelines. Each fee is per referred case, which shall be due on or before the 5th day of each month In the event a referred case requires more time to be properly evaluated for forensic purposes, C.A.R.E. Center shall obtain written authorization from the Chief of Police of the City prior to performing those additional services. To facilitate this method of payment, C.A.R.E. Center will send LPD 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 Agreement, 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" section of this Agreement as requested in writing by LPD. 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 C.A.R.E. Center has handled during the preceding quarter. This report shall also show the nature and extent of research, counseling and prevention programs. The time for submission of said reports shall be determined from the date this Agreement is executed. The final annual quarterly report shall also contain a summation of said terms for the preceding year. Any information contained in the quarterly or annual reports shall be provided only to the extent permitted by the laws and constitution of the State of Texas. In no event shall the total hours for which the City compensates the C.A.R.E. Center exceed 800 hours for the term of this Agreement. The C.A.R.E. Center will provide to City a quarterly report summarizing the services provided and compensation received. For a period up to four years after any year in which services are provided, the City retains the right to audit the books of C.A.R.E. Center inspecting the services provided under this Agreement. Any audit shall be accomplished during regular business hours and with the minimum of disruption to the C.A.R.E. Center. ARTICLE V TERM OF AGREEMENT The term of this Agreement shall commence on the I st day of October, 2016, and shall continue in full force and effect through the City's fiscal year, which ends on September 30, 2017, unless terminated earlier by sixty (60) days written notice with or without cause 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 by mutual agreement in writing prior to its expiration date. TTHSC may terminate the Agreement for non-payment after notification and opportunity to cure. ARTICLE VI C.A.R.E. CENTER'S INSURANCE The C.A.R.E. Center shall maintain Professional Liability for physicians in the amount of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00). ARTICLE VII 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. ARTICLE VIII 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 Chapter 261 of the Texas Family Code. ARTICLE IX OTHER PROVISIONS 1) This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 2) Neither party to this Agreement may assign its rights or delegate its duties under this Agreement unless prior written consent of the other party is obtained. 3) If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this Agreement provided that any invalid provision is not material to the overall purpose and operation of this Agreement. The remaining provisions of this Agreement shall continue in full force and effect and shall not be affected, impaired or invalidated. 4) This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. 5) This Agreement shall be changed only by written amendment signed by both parties and attached hereto. 6) Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship between the contracting parties. The sole interest and responsibility of the parties is to insure that services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner. 7) If applicable, the dispute resolution process provided in Chapter 2260 of the Texas Government Code shall be used by Texas Tech University Health Sciences Center and the City of Lubbock to attempt to resolve all disputes arising under this agreement. IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services in Investigations of Child Abuse this % day of SARr0OV3FJt; 2016. LUBBOCK, City Manager APPROVED AS TO CONTENT: Gre t ns, Chief of Police U 99 k, ?A aM"21 J;[$I: k"J CARE Center Agrmnt20 ] 6 TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Elmo Cavin Executive Vice President DEPARTMENT OF PEDIATRICS C.A.R.E. CENTER Richard M. Lampe Department Chairman Date Date City of Lubbock CON 1622763 92204 CO.N589550 IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services in Investigations of Child Abuse this 27th day of September 2016. CITY OF LUBBOCK, TEXAS James Loomis, City Manager APPROVED AS TO CONTENT: Gregory Stevens, Chief of Police APPROVED AS TO FORM: John C. Grace, Asst. City Attorney TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER ,�j Elmo Cavin (Sep 27, 2016) Sep 27, 2016 Elmo Cavin Date Executive Vice President DEPARTMENT OF PEDIATRICS C.A.R.E. CENTER R.C�a.ed /(( Las oe /V2) Richard M. Lampe, MD (Sep 27,,2016) Sep 27, 2016 Richard M. Lampe Date Department Chairman 2016-09-27Page 5 of 5 IIIIII 111111111111111111111 INIII III III 11111111111111111111111111111111 72HIM II II I III IIII III I II III 111111111111111 TT1)11$C I 143 5 5 1 Pow tudby ASL City of Lubbock CON1622763 92204 CON589550 THE 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 and mental health and 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 evaluation in suspected child abuse investigations; NOW THEREFORE: ARTICLE I 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 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. ARTICLE II 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 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 Agreement shall be: 1) a case specifically referred to C.A.R.E. Center by LPD 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 perform 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; City of Lubbock CON 1622763 92204 CON589550 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 perform other services, hereinafter enumerated, and, based upon such services so provided, determines that no crime report should be created or further investigation had. ARTICLE III 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 examination, 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. 4) The C.A.R.E. Center will provide such other consultative 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. ARTICLE IV COMPENSATION The City shall pay C.A.R.E. Center a fee not to exceed ONE THOUSAND AND NO/100 DOLLARS ($1000) for examinations of a crime that occurred on or after July 15, 2016. The City shall pay C.A.R.E. a fee not to exceed SEVEN HUNDRED AND NO/100 DOLLARS ($700) for examinations of a crime that occurred prior to July 15t', 2016. Any and all fees shall not exceed the reasonable costs based on the Texas Department of Insurance, Division of Workers' Compensation Medical Fee Guidelines. Each fee is per referred case, which shall be due on or before the 5th day of each month In the event a referred case requires more time to be properly evaluated for forensic purposes, C.A.R.E. Center shall obtain written authorization from the Chief of Police of the City prior to performing those additional services. To facilitate this method of payment, C.A.R.E. Center will send LPD 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. City of Lubbock CON1622763 92204 CON589550 Notwithstanding anything to the contrary contained in this Agreement, 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" section of this Agreement as requested in writing by LPD. 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 C.A.R.E. Center has handled during the preceding quarter. This report shall also show the nature and extent of research, counseling and prevention programs. The time for submission of said reports shall be determined from the date this Agreement is executed. The final annual quarterly report shall also contain a summation of said terms for the preceding year. Any information contained in the quarterly or annual reports shall be provided only to the extent permitted by the laws and constitution of the State of Texas. In no event shall the total hours for which the City compensates the C.A.R.E. Center exceed 800 hours for the term of this Agreement. The C.A.R.E. Center will provide to City a quarterly report summarizing the services provided and compensation received. For a period up to four years after any year in which services are provided, the City retains the right to audit the books of C.A.R.E. Center inspecting the services provided under this Agreement. Any audit shall be accomplished during regular business hours and with the minimum of disruption to the C.A.R.E. Center. ARTICLE V TERM OF AGREEMENT The term of this Agreement shall commence on the 1st day of October, 2016, and shall continue in full force and effect through the City's fiscal year, which ends on September 30, 2017, unless terminated earlier by sixty (60) days written notice with or without cause 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 by mutual agreement in writing prior to its expiration date. TTHSC may terminate the Agreement for non-payment after notification and opportunity to cure. ARTICLE VI C.A.R.E. CENTER'S INSURANCE The C.A.R.E. Center shall maintain Professional Liability for physicians in the amount of ONE HUNDRED THOUSAND AND NO/100 ($100,000.00). ARTICLE VII 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 City of Lubbock CON 1622763 92204 CONVS89550 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. ARTICLE VIII 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 Chapter 261 of the Texas Family Code. ARTICLE IX OTHER PROVISIONS 1) This Agreement shalt be governed by and construed and enforced in accordance with the laws of the State of Texas. 2) Neither party to this Agreement may assign its rights or delegate its duties under this Agreement unless prior written consent of the other party is obtained. 3) If any term or provision of this Agreement is held to be invalid for any reason, the invalidity of that section shall not affect the validity of any other section of this Agreement provided that any invalid provision is not material to the overall purpose and operation of this Agreement. The remaining provisions of this Agreement shall continue in full force and effect and shall not be affected, impaired or invalidated. 4) This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. 5) This Agreement shall be changed only by written amendment signed by both parties and attached hereto. 6) Nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship between the contracting parties. The sole interest and responsibility of the parties is to insure that services covered by this Agreement shall be performed and rendered in a competent, efficient and satisfactory manner. 7) If applicable, the dispute resolution process provided in Chapter 2260 of the Texas Government Code shall be used by Texas Tech University Health Sciences Center and the City of Lubbock to attempt to resolve all disputes arising under this agreement. [Signature Page Follows) µ W{� IIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII III Page 4 111111111111111111111111111111111111111111111172NIIIIIIIIIIIIIII,TMu