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HomeMy WebLinkAboutResolution - 2009-R0402 - Agreement - TTUHSC Pediatrics CARE Center - 09/24/2009Resolution No. 2003--80402 September 24, 2009 item No. 5.22 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS 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 with the Texas Tech University Health Sciences Center and Department of Pediatrics C.A.R.E. Center, a copy of which is attached hereto and shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein. Passed by the City Council this 24th ATTEST: Rebecc Garza, City Secre ary APP`RROOVED AS TO TNT: Dale Holton, Chief bf Police APPROVED AS TO FORM: arold Wi ard, Assistant City Attorney HW.jslccdocs/Resolution-CARE Center Agmt.res August 12, 2009 day of Septenher _,2009. TOM MARTIN, MAYOR 92204-18 Resolution No. 2009-RO402 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. NOW THEREFORE, in consideration of the mutual promises herein contained, the parties hereto agree as follows: 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 Contract 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; 92204-18 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 FOUR HUNDRED FIFTY AND NO/100 DOLLARS ($450.00) 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 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" 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. 2 92204-18 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 continence on the 1st day of October, 2009, and shall continue in full force and effect through the City's fiscal year, which ends on September 30, 2010, 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. enter 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. 3 92204-18 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 contract. IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services in Investigations of Child Abuse this 24th day of September 12009, CITY OF LUBBOCK, TEXAS TOM MARTIN, MAYOR ATTEST: Rebec'ea Garza, City Secretary )(, APPROVE"IND AS ;;12 ENT: �+ Dam Holton, Chief of Police APPROVED AS TO FORM: Harold Willard, Assistant City Attorney H W J s/ccdocs/CareCenterContractdoc June 2, 2048 4 TEXAS TECH UNIVERSITY HE SCIENCES CENTER ZZZ.f' rT 19 Elmo Cavin Date Executive Vice President DEPARTMENT OF PEDIATRICS '.R.E CENTE RicharM, ampe Date Department Chairman