HomeMy WebLinkAboutResolution - 2005-R0452 - Agreement - CARE Center Of TTUHSC - Invesigation Of Child Abuse - 09/21/2005Resolution No. 2005-80452
September 21, 2005
Item 11
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 for Services in
Investigations of Child Abuse by and between the City of Lubbock and the C.A.R.E.
Center of Texas Tech University Health Sciences Center School of Medicine Department
of Pediatrics, and all related documents. Said Agreement 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 this 21st day of Septemb9f , 2005.
MAYOR
ATTEST:
Garza, City Secretary
APPROVED AS TO FORM:
M. Knight,
gs/ ecdocs/Res-CARE Contract 05
July 27, 2005
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CONTRACT NO.
6431
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.
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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;
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.
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ARTICLE IV
COMPENSATION
The City shall pay C.A.R.E. Center FOUR HUNDRED FIFTY AND NO/IOO 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 verifed 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 fmal 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.
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ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall commence on the 1st day of October, 2005, and shall
continue in full force and effect through the City's fiscal year, which ends on September 30,
2006, 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.
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ARTICLE IX
OTHER PROVISIONS
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 contract.
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IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this
Agreement for Services in Investigations of Child Abuse this 21st day of Septembex2005.
CITY OF LUBBOCK, TEXAS
'/
MAR cDOUGAL, MAYOR
ATTEST;
Re cca Garza, City Secretary
APPROVED AS TO CONTENT:
Clain Jones, Chief'of Police
John M. Knight
Assistant City Attorney
gs/JohnrContracts-Care Contract 05
July 27, 2005
2
TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER
" t' -S' 1, fC
Elmo Cavin U r
Executive Vice President
DEPARTMENT OF PEDIATRICS
C.A.R.E CENTER
(:2,�-L,j 1;m- -Caw
Richard M. Lampe
Department Chairman
Texas Tech University Health Sciences Center
Texas Tech University
q S Office of Vice Chancellor and General Counsel
Professional Liability Division
3601 4th Street, Suite 26137 / Lubbock, Texas 79430-6237
(806) 743-9921 / FAX: (806) 743-9925
September 13, 2005
CERTIFICATE OF SELF-INSURANCE
�,iv Me,�rti
z` !!AA yyy
9loeNe�e
COVERED PHYSICIAN: TTUHSC Employed Physicians
CATEGORY: Faculty Physicians
EFFECTIVE DATE: Dates of Employment X ,IS
This is to advise you that the Board of Regents of Texas Tech Univer9i has proved a Plan for
Professional Medical Malpractice Self -Insurance, pursuant to the authority ' nted by TEX. Eouc.
CODE ANN. § 59.02 (Vernon Supp. 1994), providing full-time medical doctors, doctors of
osteopathy, oral surgeons, student health doctors, podiatrists, interns, residents, fellows and
medical students of Texas Tech University Health Sciences Center with medical professional
liability protection in the following amounts, unless lowerliability limits are set bylaw, in which case
the lower limits set by law shall apply,
Category
Occurrence Coverage �I
Per Claim
Aggregate per P- r ic;ilpantJ
Faculty Physician
$400,000.00
11
$1,200,000,00
Resident or Fellow
100,000.00
300,000,00
Student
25,000.00
75,000.00
The limits of liability set out above were approved by the Board of Regents of Texas Tech
t rivers ty Health Sciences C :rater on August 2, 1985, efFectiVe. September , 1905.. T '
t f -` li;.y
applies only to causes of action arising from incidents or actions occurring on or after September
1, 1985.
The Self -Insurance Plan's liability is limited to the lesser of the individual physician's(s') coverage
or $1,000,000 per incident for claims filed prior to September 1, 2003 or $300,000 per incident for
claims filed after September 1, 2003.
Conditions for participation are described in •the text of the plan which-isOailable td you in the
handbook. Amobg the conditions for participation are the following: ~-
1) Coverage as stated above shall commence on the effective date shown
above and shall cease on the day when employment with, or assignment to,
Texas Tech University Health Sciences Center is terminated;
2) Coverage shall extend to all duly authorized off -campus assignments;
3) Coverage for "moonlighting" under the Plan is excluded and prohi �k
a �
4) It is mandatory that the insured, upon becoming aware of .iN4 actual or
alleged, whether by direct knowledge or written notificatiob I er�dF'shall advise
their department chairperson, who in turn shall notify the Deanlociate Dean for
appropriate contact with Texas Tech University/Texas Tech University Health
Sciences Center Office of General Counsel (refer to Professional Medical
Malpractice Self -Insurance Handbook).
This Certificate is intended only for your immediate information, being only the advice that
such protection has been effected subject to the particular terms, conditions and limitations
of the approved Plan of Self -Insurance and the interpretation thereof by the Board of Regents
or its authorized representative.
David R. Smith, M.D,, Chancellor
Texas Tech University System
Pat C7ampbe7F-
Vice Chancellor
Authentication
This is to certifythat this, a true and correct copy which witness my hand and seal on this
day of September 2005, was provided to: City of Lubbock, Purchasing/Contracting management,
Tina Ivins, 1624 13`h St., Room 204, Lubbock, TX 79401.
Joanna L. Harkey
Director, Professional Lia il' y Division
nKillian, (Votary Public in and for the
Texas
JANET E. KILLMW
,.
f virm 04.19-09
�i�Stiiy
•frtiuut Burd
Joanna L. Harkey
Director, Professional Lia il' y Division
nKillian, (Votary Public in and for the
Texas