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HomeMy WebLinkAboutResolution - 3989 - Amendment Ot Agreement - TTUHSC, CARE Center - Child Abuse Investigations - 10/06/1992Resolution No. 3989 October 6, 1992 Item 421 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 Amendment to an Agreement For Services in Investigations of Child Abuse by and between the City of Lubbock and the Texas Tech University Health Sciences Center, attached herewith, 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 fVTly co-p-'lX herein in d il. Passed by the City Council th' h day py 0 , 1992. . -1.v.,f-19 Kanet►te Boyd, Lity Secretary APPROVED AS TO CONTENT: Dona Bri gers, ChAf of Police APPROVED AS TO FORM: \ ft a G. Van Iver, First Assis— ILtan City Attorney DGV:dw/Agenda-D2/Abuse.Res September 29, 1992 ALMM92204 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AMENDMENT TO AGREEMENT FOR SERVICES IN INVESTIGATIONS OF CHILD ABUSE WHEREAS, the City of Lubbock and the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics have heretofore on the 22nd day of October, 1991, entered into an Agreement for the Department of Pediatrics to provide the City of Lubbock Police Department with the specialized service of forensic evaluation in suspected child abuse investigations; and WHEREAS, the City of Lubbock and Texas Tech University Health Sciences Center desire to extend said Agreement for one year; NOW THEREFORE: WITNESSETH• The Agreement for Services in Investigations of Child Abuse heretofore executed by the City of Lubbock and the Texas Tech University Health Sciences Center upon the 22nd day of October, 1991, is hereby extended through September 30, 1993, under the same terms and conditions as are,-sst_forth therein. EXECUTED this 6th day TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER: --' 'RESIDENT VICE PRESIDENT FOR FISCAL AFFAIRS V"o 1 j STT i C T SECRETARY APPROVED AS TO CONTENT: i POLICE CHIEF 2. AP ROVED TO FORM: APPROVED AS TO FO ATTORNEY ASS IATE GENERAL COUNSEL A ISTANT CITY DGV:dw/cont-agr/D4/A-Abuse.doc September 29, 1992 Resolution No. 3744 October 22, 1991 Item #19 DWM : j s 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 be- tween the City of Lubbock and The Child Advocacy Research and Education Center of the Texas Tech University Health Sciences Center School of Medicine Department of Pediatrics ("C.A.R.E. Center"), 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 i 11 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 Reso- lution as if fully copied herein in detail. Passed by the City Council this 22nd day of October 1991. 4c.MAOC BC M N, ATTEST: Mane to Boyd, City Secreta4wy APPROVED AS TO CONTENT: Donald Bridgers, Chid1f of Police APPROVED 0 ORM: Dennis W. �M rjaT Attorney I Resolution No. 3744 October 22, OA22A4 Item #19 DWM : j s THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § AMENDMENT TO 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 law- fully 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; NOW THEREFORE: THIS AGREEMENT is made this 22nd day of October 1991, 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 Agreement 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 condi- tions under which C.A.R.E. 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: 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 Educa- tion Center of the Texas Tech University Health Sciences Center School of Medi- cine 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 fur- nish copies, reports or performs other services, hereinafter enumer- ated, and based upon such services - 2 - initiates a crime report and assigns said case for investigation and no- tifies 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 be- half 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 pro- vided 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 out- patients 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, con- sultation 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 AND N0/100 DOLLARS ($100.00) per hour. - 3 - 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 NO/100 DOLLARS ($100.00) per hour. 5. The C.A.R.E. Center will provide such other consultative ser- vices as needed in the investigation of child abuse cases referred to the C.A.R.E. Center by LPD, including expert in- formation 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 pro- rated 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 examina- tions and one (1) hour of consultation with LPD and the issuing 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 - 4 - 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 authorization from City for compensation 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. 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" clause 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. Cen- ter shall submit to City an itemized statement justifying an in- creased 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 there- after as possible for City. - 5 - The TWO THOUSAND -NINE HUNDRED AND N0/100 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 service 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 the police department. 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 proceeding quarter. This report shall also show the nature and extent of research, counseling and prevention pro- grams. The time for submission of said reports shall be determined from the date of this amendment. The final annual quarterly report shall also contain a summation of said terms for the proceeding year. 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 (4) months which summarizes the services provided and compensation re- ceived. TERM OF AGREEMENT The term of this Agreement shall commence on the 1st day of October , 19 91 , and shall continue in full force and effect through the City's fiscal year, which ends on September 30, 19 92 , 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. - 7 - ` 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 exami- nations 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 representatives, 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 off]= 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. IN WITNESS THEREOF, the parties to these presents have agreed upon and executed this Agreement for Services in Investigations of Child Abuse this 22nd day of October CITY OF LUBBOCK, TEXAS (CITY) • BY: . C. MCMINN, MAYOR ATTEST: Rane to Boyd, City Secre ry APPROVED AS TO CONTENT: Donald R. Bridgers Chief of Police APPROVE AS TO ORM: ennis W. fll, Tri ttorney , 1991. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER SCHOOL OF MEDICINE DEPARTMENT OF PEDIATRICS C.A.R.E CENTER BY:-, (� ATTEST: TITLE:�� pJ� TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER IDENT VICE PRESIDENT for Fiscal Affairs Associate General Counsel - 10 -