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HomeMy WebLinkAbout21-141 Resolution No. 21-141 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ECKER CENTER FOR BEHAVIORAL HEALTH, INC. FOR CRISIS INTERVENTION COUNSELOR SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B9 the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED, 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 Behavioral Health, Inc. for crisis intervention counselor services, a copy of which is attached hereto and made a part hereof by reference. _ s/David J. Kaptain David J. Kaptain, Mayor Presented: September 22, 2021 Adopted: September 22, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk CITY OF ELGIN AGREEMENT FOR Crisis Intervention Counselor Services THIS AGREEMENT made and entered into this 22nd day ofSeptemb%, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and the Ecker Center for Behavioral Health, Inc., an Illinois not-for-profit corporation (hereinafter referred to as "ECKER"). WHEREAS,the CITY desires to engage ECKER to furnish crisis counseling services to the public (hereinafter referred to as "COUNSELING"). WHEREAS, ECKER 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 ECKER that the CITY does hereby retain ECKER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged to provide the following services: 1. SCOPE OF SERVICES A. ECKER shall provide three part-time crisis counselors and one full-time counselor to conduct and implement the tasks and services for crisis counseling services as described in Attachment A, attached hereto and made a part hereof. B. All work hereunder shall be performed under the direction of the City Police Lieutenant assigned to the CITY's Collaborative Crisis Service Unit. 2. The crisis intervention counselors shall keep clinical records and such 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 counselor from providing a brief summary for the CITY of the facts of each call he/she participated in with the police. 3. PAYMENTS TO ECKER For the services provided by ECKER pursuant to this Agreement the CITY shall pay ECKER the total amount of One Hundred Thirty Nine Thousand Five Hundred Forty Seven Dollars($139,547) for the first year of this Agreement, and the total amount of One Hundred Thirty Nine Thousand Five Hundred Forty Seven Dollars ($139,547) for the second year of this Agreement, as further detailed and described in Attachment B attached hereto and made a part hereof. The CITY shall make monthly periodic payments to ECKER within thirty(30) days after receipt and approval of an invoice. 4. INVOICES A. ECKER shall submit invoices in a format approved by the CITY. B. ECKER shall maintain records showing actual time devoted and cost incurred. ECKER shall permit the authorized representative of the CITY to inspect and audit all data and records of ECKER for work done under this Agreement. ECKER shall make these records available at reasonable times during the Agreement period,and for a year after termination of this Agreement. 5. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time for convenience or any other reason upon thirty (30) days prior written notice to ECKER without penalty. In the event that this Agreement is so terminated, ECKER shall be paid for services actually performed on a pro-rata basis, and reimbursable expenses actually incurred prior to termination,except that such payment and/or reimbursement shall not exceed the amounts set forth under Section 4 above. 6. 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. 7. NOTICE OF CLAIM If ECKER wishes to make a claim for additional compensation as a result of action taken by the CITY,ECKER shall give written notice of its claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in ECKER's fee shall be valid only to the extent that such changes are authorized in writing signed by the CITY. Regardless of the payment status relative to a claim submitted by ECKER,all work required under this Agreement shall proceed without interruption. 8. 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 ECKER pursuant to Section 4 hereof, no action shall be commenced by ECKER or any other related entity against the CITY for monetary damages. 9. INTEREST ECKER 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 2 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 ECKER 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 shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ECKER 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 ECKER 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 ECKER 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 3 it 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 ECKER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that ECKER 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 prior 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. ECKER 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 sole and entire Agreement of the parties regarding the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. There are no other agreements between the parties hereto regarding the subject matter hereof, either written oral or implied. This Agreement supersedes, replaces and supplants any prior agreement regarding the subject matter hereof. 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. 4 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. 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 ECKER: Ecker Center for Behavioral Health, Inc. 1845 Grandstand Place Elgin, Illinois 60123 Attn: Daphne Sandouka 22. 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 ECKER 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. ECKER 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 ECKER to determine ECKER'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 ECKER's relevant records at no cost to the CITY. The ECKER shall pay any and all costs associated with any such audit. 23. 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 5 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. 24. INDEPENDENT CONTRACTOR ECKER and any counselors provided by ECKER shall be independent contractors and shall not be subject to control by the CITY as to the means of performance of the work provided for herein. Neither ECKER nor the counselors provided for herein shall be entitled to any employment benefits other than the payment of the monies provided for herein. 25. 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 BEHAVIORAL CITY OF 1-10 HEALTH INC. 0:4, / By: B Richard G. Kozal, City anage Its GEC Y E T: &4�4 ity Clerk F:\Lc,al Dept\Agrecmcnt\Agr-Eckcr Center Mental Health-Counselor Services-8-26-21.docx 6 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 and one full time crisis intervention deflection counselor. 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 1800 mental health related calls for service since July 1, 2019. 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 one sworn sergeant,two sworn officers, three part time crisis intervention counselors, and one full time crisis intervention deflection counselor. This unit will conduct follow up visits on mental health investigations after their crisis. Since July 1", 2019 this unit has followed up on approximately 1,190 cases. 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 deflection counselor will redirect some mental health calls for service that come into the Emergency Communications Division of the Elgin Police Department, when appropriate, to various resolutions that do not involve a police response. This deflection may involve social workers responding to the mental health call alone, with the fire department, with a CCSU sworn member, or with a patrol officer. The crisis intervention counselors will be a part of the CCSU. The counselors will report directly to the CCSU Sergeant 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. • Participate in the completion of the Pre-Arrest Diversion Screening. • Participate in the LEAD Operations Work Group. • 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. Crisis Intervention Deflection Counselor Services — The essential requirements and tasks of this service are as follows: • Possess and be able to complete all of the essential requirements and tasks of Crisis Intervention Counselor Services as outlined in Attachment A of this agreement. • Meet all of the Qualifications of Crisis intervention Counselor as outlined in Attachment A of this agreement. • Receive calls for service from citizens, deflected by the Emergency Communications Division of the Elgin Police Department, and determine the level of intervention needed. • Respond either solo, with paramedics, with CCSU staff, or with patrol to address said deflected calls for service. 3. Qualifications of Crisis Intervention Counselor and Crisis Intervention Deflection 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. 4. Within the limitations of staffing three 20 hour a week positions, crisis intervention services will be available 7 days a week from I1:OOam 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 commander shall determine any Counselor's total work hours for any time period in his or her sole discretion. The crisis intervention counselors will be paid a minimum of$20 8 per hour for their services. The crisis intervention deflection specialist will be assigned a shift based on departmental needs and will be compensated at the annual designated salary for said position,at minimum$58,065 annually. If the crisis intervention deflection specialist is called outside their shift and are voluntarily able to respond to work, they will be compensated an hourly rate equivalent to their straight time pay, based on their salary. 5. Selection of individual Crisis Intervention Counselors and the Crisis Intervention Deflection Specialist 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. 6. 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. 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. The Crisis Services Director will provide clinical supervision of the counselors. The Project Manager will provide the Crisis Services Director with performance-related feedback of the counselors, and will also keep the Crisis Services Director abreast of any relevant developments within the unit that could impact the counselors' roles and/or job descriptions. Any decision to terminate one of the counselors shall be made by the City in its sole discretion. The Project Manager will also provide Ecker Center feedback because the Ecker Center will also provide clinical supervision of the Counselors. 7. Crisis Intervention Counselors and the Crisis Intervention Deflection Counselor shall be paid no less than the agreed upon annual salary for said position,which is detailed in Attachment B of this agreement. 9 ATTACHMENT B l. PART B: FEE Ecker Center for Behavioral Health Proposed Budget Item Year 1 Year 2 Counselor 20,800 20,800 Counselor 20,800 20,800 Counselor 20,800 20,800 Full Time Counselor 58,065 58,065 Full Time Counselor Benefits 15,532 15,532 Supervision, Project Manager 2,500 2,500 Supplies 1,050 1,050 Total 139,547 139,547 279,094 10