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HomeMy WebLinkAboutResolution - 4666 - Agreement-TTUHSC CARE Center-Services In Child Abuse Cases Investigations, LPD - 11/17/1994Resolution No. 4666 November 17, 1994 Item #18 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 tc execute for and on behalf of the City of Lubbock an Agreement between the Child Advocaq Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics ("C.A.R.E. Center") and the City of Lubbock, relating to the provision 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. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Harold Willard, Assistant City Attorney HW js/CMWMRRES ccdoce0dober 4, 1994 Resolution No. 4666 November 17, 1994 A L fir' til 9 2 2 04/5 Item #18 THE STATE OF TEXAS § COUNTY OF LUBBOCK § KNOW ALL MEN BY THESE PRESENTS: 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 evaluation in suspected child abuse investigations; NOW THEREFORE: THIS AGREEMENT is made this 17th day of November 1994, by and between the TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS C.A.RE 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 V.T.C.A., Government Code §§791.001 q M. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which C.A.RE. 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: 2 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 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 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 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 examination, consultation with LPD personnel and a written report on referred cases. AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 2 3 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. 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 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 TWO THOUSAND NINE HUNDRED AND N0/100 DOLLARS ($2,900.00) per month, which is the monthly prorated 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 NO/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 examinations and one (1) hour of consultation with LPD and the issuance 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 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 AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 3 4 authorization from the Chief of Police of the City for compensation for such 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. 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. Center shall submit to LPD an itemized statement justifying an increased 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 thereafter as possible for City. The TWO THOUSAND NINE HUNDRED AND NO/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 facility 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 LPD. AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 4 5 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 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. In no event shall 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 received. TERM OF AGREEMENT The term of this Agreement shall commence on the 1st day of October, 1994, and shall continue in full force and effect through the City's fiscal year, which ends on September 30, 1995, 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. AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 5 R, 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 V.T.C.A., Family Code §34.02. 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. 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 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. AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 6 7 IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services in Investigations of Child Abuse this 17th day of November 1994. ATTEST: fl C�L Betty M. Rohnson, Vity Secretary APPROVED AS TO CONTENT: Ken A. Walker, Chief of Police APPROVED AS TO FORM: I 1 Harold Willard, Assistant CityAttorney AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 7 TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS C.A.R.E. CENTER ATTEST: TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER i VICE-PRESIDENT for Fiscal Affairs viewed for Form: Associate General Co nsel Hw ja/CARECNMDOC W -C ds,Ag WOc"ff S, 1994 AGREEMENT/SERVICES IN INVESTIGATIONS OF CHILD ABUSE TTUHSC SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS - PAGE 8 11