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HomeMy WebLinkAbout19-104 Resolution No. 19-104 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECKER CENTER FOR MENTAL HEALTH, INC. FOR CRISIS COUNSELING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk,be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Ecker Center for Mental Health,Inc. for crisis counseling services,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2019 Adopted: July 10, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR Proposal Number: 19-021 for: Crisis Intervention Counselor Services THIS AGREEMENT made and entered into this 10th day of July,2019, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and the Ecker Center for Mental Health, Inc., an Illinois not-for-profit corporation (hereinafter referred to as "CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with the RFP Number 19-021 for: Crisis Counseling Services (hereinafter referred to as the PROJECT). WHEREAS, the CONSULTANT represents that it has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represeni it in consulting matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City Police Lieutenant assigned to the CITY's Collaborative Crisis Service Unit, hereinafter referred to as the "PROJECT MANAGER". • B. CONSULTANT shall provide part-time crisis counselors to conduct and implement the tasks and services for crisis counseling services as described in RFP Number 19-021, and as described in Attachment A attached hereto and made a part hereof by this reference. • 2. INTENTIONALLY OMITTED 3. . WORK PRODUCTS • All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, designs, calculations, 'work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the PROJECT MANAGER provided, however, that the CONSULTANT may retain • copies of such work products for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest by the CONSULTANT to the CITY of all • . such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through other vendors as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. The crisis intervention counselor shall keep clinical records and those records shall be maintained in accordance with the Illinois Mental Health & Developmental Disabilities Confidentiality Act. No information will be released from these records, except in accordance with that Act or the written consent of the client. This does not preclude the crisis intervention counsel from providing a brief summary for the Project Manager of the facts of each call he/she • participated in with the police. 4. PAYMENTS TO THE CONSULTANT For the services provided by the CONSULTANT pursuant this Agreement the CITY shall pay the CONSULTANT the total amount of Seventy Two Thousand Five Hundred Fifty-nine Dollars ($72,559.00) for the first year of this Agreement, and the total amount of Seventy Thousand Five Hundred Forty-eight Dollars ($70,548.00) for the second year of this Agreement, as further detailed and described in Attachment B attached hereto and made a part hereof by this reference. The CITY shall make monthly periodic payments to the CONSULTANT within thirty (30) days after receipt and approval of an invoice. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. Progress reports will be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time for convenience or any other reason upon sixty (60) days prior written notice to the CONSULTANT without penalty. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed, and reimbursable expenses actually incurred prior to termination, except that such payment and/or reimbursement shall not exceed the task amounts set forth under Section 4 above. 7. TERM The term of this Agreement shall be for two (2) years, commencing upon the date and year first written above, and, unless terminated by the CITY pursuant to Section 6, ending on the second anniversary of such date. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY. the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the PROJECT MANAGER and the CONSULTANT. Regardless of the decision of the PROJECT MANAGER relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the PROJECT MANAGER shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing or anything else to the contrary in this agreement, with the sole exception of the monies the CITY has agreed to pay to the CONSULTANT pursuant to Section 4 hereof, no action shall be commenced by the CONSULTANT or any other related entity against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the local government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one (1) year of the date the alleged cause of action arose or the same will be time barred. The provisions of this paragraph will survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages, or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the Purchasing Director a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the CITY. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled "Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a $1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry Professional Liability Insurance covering claims resulting from error, omissions, or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the Purchasing Director as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the Purchasing Director. 13. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 14. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 15. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item, condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the�CITY's advanced written approval. 16. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. The CONSULTANT and its employees shall be considered independent contractors for the CITY. 17. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 18. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 19. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 20. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 21. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the City Manager, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the City Manager, prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 24. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 25. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the PROJECT MANAGER and to other participants which may affect cost or time of completion of the PROJECT shall be made or confirmed in writing. The PROJECT MANAGER may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 26. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Ana Lalley Police Chief 151 Douglas Avenue Elgin, Illinois 60120 B. As to CONSULTANT: Ecker Center for Mental Health, Inc. 1845 Grandstand Place Elgin, Illinois 60123 Attn: Karen Beyer 27. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement, that the CONSULTANT shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety, • privacy and legal status of employees. CONSULTANT shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work and/or the products and/or services to be provided for in this agreement. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT's compliance with the provisions of this section. In the event the CITY proceeds with such an audit the CONSTULANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. The CONSULTANT shall pay any and all costs associated with any such audit up to the amount of$900. 28. APPROPRIATIONS The fiscal year of the CITY is the twelve (12) month period ending December 31. The obligations of the CITY under any agreement for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the agreement. If, for any fiscal year under the term of this Agreement, sufficient funds for the discharge of the CITY's obligations under this Agreement are not appropriated and authorized, then the Agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the CITY for damages, penalties or other charges on account of such termination. 29. EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same Agreement. For the purposes of executing this Agreement, any signed copy of this Agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement ,shall raise the use of fax machine or e-mail as a defense to this Agreement and shall forever waive such defense. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. ECKER CENTER FOR MENTAL HEALTH CITY OF ELGIN INC. . By' i /�.� Richard G. Kozal, City M. ag:+ Its v ATTE : City Clerk F:\Legal Dept\Agreement\Asr-Ecker Center Mental Health-Counselor services-redlined-6-18-I9.docx ATTACHMENT A CITY OF ELGIN CRISIS INTERVENTION COUNSELOR SERVICES General Information The City of Elgin, Illinois is seeking services from Service Agency (SA) providers who possess the capability and expertise to provide three crisis intervention counselors to provide full service crisis intervention counseling on a part time overlapping basis. The intent of this process is to obtain quality services for the City at a competitive price for an established period of time. The provider of these services must comply with the privacy regulations pursuant to Public Law 104- 191 of August. 21, 1996, known as the Health Insurance Portability and Accountability Act of 1996, Subtitle F — Administrative Simplification, Sections 261, et seq., as amended ("HIPAA"), to protect the privacy of any personally identifiable protected health information ("PHI") that is collected, processed, or learned as a result of the crisis intervention counseling services provided. The provider of these services must also ensure that its activities are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft pursuant to the requirements of the Identify Theft Red Flag Rules promulgated under the Fair and Accurate Credit Transactions Act of 2003 found at 16 C.F.R.Part 681. The Elgin Police Department responded to approximately 560 mental health related calls last year. The majority of these calls were non-criminal in nature. The Elgin Police Department has created a unit to address this important topic. The Collaborative Crisis Services Unit (CCSU) comprises of two sworn officers and will additionally have three part time crisis intervention counselors. This unit will conduct follow up visits on mental health investigations after their crisis. This unit will also respond to in-progress mental health crisis calls with patrol officers. The crisis intervention counselor will respond with a sworn officer or CCSU officer at all times. These calls include suicidal subject calls, suicide attempts, overdoses, and other related types of calls where the CCSU assistance is sought by on scene officers. The crisis intervention counselors will be a part of the CCSU. The counselors will report directly to the Community Lieutenant or their designee. Scope of Required Services 1. Crisis Intervention Counselor Services — The essential requirements and tasks of this position are as follows: • Knowledge of crisis intervention techniques, clinical experience in evaluation, assessment. and diagnosis. • Accompany CCSU/Sworn officers to crisis calls/assist in resolving emergent and non- emergency calls. • Provide comprehensive crisis intervention, assessment, and treatment services and be able to document services. • Ability to assess risk and presenting problem. • Knowledeable of community resources. • Excellent written and verbal skills. • Ability to coordinate admission/referrals procedures to individuals (clients) and their families. • Network with area Emergency Departments and community mental health agencies. • Ability to work using a team approach. • Evidence of ability to work effectively in a stressful environment. • Perform miscelleanous advocacy tasks for individuals as needed. • Performs other duties as assigned as all work asignments may not be inherent in this description. • Attend staff meeting, trainings, and community engagement events as directed. • Willing to be on call and work weekends. 2. Qualifications of Crisis Intervention Counselor: • Bachelors (Masters preferred) degree in Social Work, Psychology, Professional Counseling or other Human Services from an accredited College or University. • Bilingual English / Spanish preferred. • Minimum of three years of documented prior experience in mental health related field required. • Willing to be on call, work two weekends per month, evenings, and nights. 3. Within the limitations of staffing three 20 hour a week positions, crisis intervention services will be available 7 days a week from 11:00am to midnight. The 3 Crisis Intervention Counselors will be assigned a shift and if they are called outside their shift and are voluntarily able to respond to work, they will be compensated the agreed upon hourly rate by the Ecker Center; provided, however, that no Counselor shall perform work outside of his or her shift without prior approval from the City's strategic initiatives commander. Such strategic initiatives lieutenant shall determine any Counselor's total work hours for any time period in his or her sole discretion. All hours worked that have been approved by the City of Elgin will be paid for by the City even if it results in the City paying overtime for a counselor; provided, however, that the City reserves the right to amend hour of counselors as may be necessary to avoid overtime in compliance with the law. 4. Selection of individual Crisis Intervention Counselors will include an interview conducted by the Service Agency (SA) and Elgin Police Department representatives. Final selection will based upon input from both parties with final selection deferred to the Elgin Police Department. For the interviews the SA will provide relevant work history and qualifications of potential counselors. Additionally counselors will be subject to standard Elgin Police Department background screenings. 5. The contract awardee shall perform all services as an independent contractor and shall at no time act as an agent or employee of City of Elgin. No act performed or representation made, whether oral or written, by the contract awarded to third parties shall be binding to City of Elgin. 6. Should the Project Manager have any concerns about the services being provided by Ecker Center employees who are providing services pursuant to this Agreement, he/she shall discuss it with the Crisis Services Director. After discussions with each other, in the event the City determines one of the counselors is not meeting its needs, then the Parties agree that Counselor can be terminated by the City from providing services to the City under this Agreement. The City understands that under such circumstances, it may take Ecker Center some reasonable period of time to provide a replacement counselor. The Project Manager will also provide Ecker Center feedback because the Ecker Center will also provide clinical supervision of the Counselors. 6 ATTACHMENT B 1. PART B: FEE Ecker Center for Mental Health Proposed Budget Item Year 1 Year 2 Counselor 20,526 20.807 Counselor 19,651 20.807 Counselor 21.667 21,667 Supervision, Project Manager 2,504 2,311 Laptop Computers 1.800 Cases 105 Cell Phones 1,350 Service 1,800 1.800 Auto/Trans Expense 2,106 2.106 Supplies 1.050 1.050 Total 72,559 70,548 143,107