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HomeMy WebLinkAboutRESOLUTION - 40-18 - 8/14/2018 - Gateway Foundaton agreementRESOLUTION NO.40-18 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE POLICE DEPARTMENT AND GATEWAY FOUNDATION, INC. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: MEMORANDUM OF AGREEMENT BETWEEN ELK GROVE POLICE DEPARTMENT AND GATEWAY FOUNDATION, INC. a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES:5 NAYS:0 ABSENT: 1 PASSED this 14th day of August 2018. APPROVED this 14th day of August 2018. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk MEMORANDUM OF AGREEMENT BETWEEN ELK GROVE VILLAGE POLICE DEPARTMENT AND GATEWAY FOUNDATION, INC. The Elk Grove Village Police Department located at 901 Wellington Ave, Elk Grove Village 60007 and Gateway Foundation, Inc. ("Gateway") administrative offices located at 55 E. Jackson, Suite 1500, Chicago, IL 60604 enter into this Agreement for Services to establish coordination of inpatient treatment services for Elk Grove Village Police Department referrals. Gateway and Elk Grove Village Police Department agree to the following: Elk Grove Village Police Department will make referrals for residential substance abuse services to be provided at Gateway Foundation at the Northern Region facilities. A. Services provided by Gateway on -site include: Biopsychosocial assessment; Treatment and discharge planning; A minimum of 25 hours of group and educational services weekly; Routine nursing, medical and dietary care and education; 24 hour supervision, 7 days a week Case Management; Recreation activities; Family education and counseling, when appropriate; 12-step orientation meetings and provisions for alternative aftercare services; Comprehensive discharge planning; and Written progress reports as requested B. Elk Grove Village Police Department will provide the following services: With signed written authorization by the client, Participate in case staffing; Provide pertinent information related to the participant's involvement with the Elk Grove Village Police Department relevant to treatment decisions; Participate in site visits when requested; and Confirm Elk Grove Village Police Department's payment obligations set forth in Paragraph C. below. C. Elk Grove Village Police Department agrees to reimburse Gateway $325.00 per day for participants whom do not have third -party commercial insurance, Medicaid or who are ineligible for DHS DASA benefits. In the event Gateway receives State rates for residential substance abuse treatment services that exceed the rate set forth in this agreement, the contract rate shall be increased upon thirty (30) days' notice from Gateway to Elk Grove Villaage Police Department. Gateway agrees if the Elk Grove Village Police Department referral is currently covered by Medicaid, or commercial insurance, or meets the DASA eligibility requirements, then in that event, Medicaid, DASA or the commercial insurance will be billed first for covered services. The Elk Grove Village Police Department funds will be available for those Elk Grove Village Police Department participants who have no third party coverage or who have exhausted other third party coverage. Invoices submitted to the Elk Grove Village Police Department will include the participants name and dates of services. D. Gateway is a "Part 2 Program" as defined by the Confidentiality of Substance Use Disorder Patient Records regulations at Title 42 of the Code of Federal Regulations (C.F.R.) Part 2 (42 C.F.R. Part 2) and complies with the provisions of 42 C.F.R. Part 2. Information that would identify, directly or indirectly, an individual as having been diagnosed, treated, or referred for treatment for a substance use disorder is protected under federal law/42 C.F.R. Part 2. In receiving any protected information, Elk Grove Village Police Department agrees that they are fully bound by the provisions of 42 C.F.R. Part 2. Elk Grove Village Police Department shall not disclose or redisclose information identifying an individual as having or having had a substance use disorder either directly, by reference to publicly available information, or through verification of such identification by another person unless disclosure is expressly permitted by the written consent of the individual whose information is being disclosed or as otherwise permitted by 42 C.F.R. Part 2. E. In order to improve case coordination, Gateway will attempt to obtain the consent of a participant to disclose his or her information to the Elk Grove Village Police Department Social Worker. F. Acceptance of referrals shall be based on current admission policies and procedures of Gateway and the availability of beds. Continued stay shall be based on Gateway's criteria. Individuals who are determined by Gateway to have the ability to pay for services, through insurance, self -pay, or Medicaid, will be required to pay Gateway for their treatment. G. Gateway reserves the right to immediately terminate a client for violation of program rules, but shall advise Elk Grove Village Police Department at the time of termination so that Elk Grove Village Police Department can make arrangements to pick up the client, if necessary. Otherwise, at the completion of a client's treatment, Gateway Foundation will work with client on the discharge plan and coordinating transportation. H. Gateway shall, at its own expense, procure and maintain professional and comprehensive general liability insurance with limits of not less than $1 million per occurrence or $3 million in aggregate. I. Gateway shall defend and indemnify Elk Grove Village Police Department and its directors, officers, employees, representatives, agents, successors and assigns (collectively, "Indemnitees")from and against any and all claims, demands, suites fines, penalties or causes of action (collectively claims) brought by third parties including claims for liabilities, damages, awards, losses, costs and expenses (including reasonable attorney(s) fees) that result from any and all service provided by Gateway to Elk Grove Village Police Department clients, except to such extent that such liabilities, damages, awards, losses, costs and expenses arise due to the negligent or intentional acts or omissions of any of the Elk Grove Village Police Department Indemnitees. J. Either party may terminate this Agreement for Services by providing 30 days prior written notice to the other party. K. The parties acknowledge that this Agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited, incorporated or referenced herein, including prior agreements or oral discussions, shall be binding upon either party. This Agreement for Services shall commence on June 1, 2018 and shall terminate on June 30, 2019 [Signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date beside their respective signatures. Village of Elk Grove Village, an Illinois Home Rule Municipal Corporation By: Title: Date: Attest: By: Title: Date: Gateway Foundation, Inc. By: Title: Date: Attest: By: Title: Date: