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HomeMy WebLinkAboutC04-170 IGA Concerning Joint Cooperation for Child Welfare Substance Abuse and Mental Health Core Services INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO; THE COUNTY OF GARFIELD, STATE OF COLORADO; THE COUNTY OF PITKIN, STATE OF COLORADO; AND THE COUNTY OF SUMMIT, STATE OF COLORADO CONCERNING JOINT COOPERATION FOR CHILD WELFARE SUBSTANCE ABUSE AND MENTAL HEALTH CORE SERVICES THIS INTERGOVERNMENTAL AGREEMENT ("IGA"), is made and entered into this J~~'6' day of \Z(J,GL~~ , 2004, by and between the BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, STATE OF COLORADO, a body corporate and politic ("Eagle County"); the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, a body corporate and politic ("Garfield County"), the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, STATE OF COLORADO, a body corporate and politic ("Pitkin County"), and THE BOARD OF COUNTY COMMISSIONERS OF SUNIl~IIT COUNTY, a body corporate and politic ("Summit County"). The four (4) named counties are referred to in this IGA, in the aggregate, as "These Counties". WHEREAS, These Counties are mandated to provide family preservation services ("Core Services"), through their Departments of Social Services/Human Services ("Department(s)") by the Colorado Family Preservation Act, §26-5.5-101, et seq., C.R.S., as amended, and the Colorado Children's Code, §19-3-208, C.R.S., as amended, with additional funding through the Emergency Assistance for Families with Children at Imminent Risk of Out-of-Home Placement Act, Section 26-5.3-101, et seq. C.R.S., as amended, and the federal Social Security Rct; and WHEREAS, the Boards of County Commissioners ("BOCC(s)") are authorized by statute to exercise contract authority for These Counties, and are specifically authorized, by Section 26-5.5-104, C.R.S., as amended, to enter into contracts with public and private entities to provide Core Services and meet the goals of the Family Preservation Act; WHEREAS, each BOCC, sitting as each county's Board of Social Services, is mandated to administer the Social Services Fund by §26-1-123, C.R.S., as amended; and each BOCC is charged with 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH CORE SERVICES - 2004 FINAL exclusive budgetary authority for each county by §30-11-107(2), C.R.S., as amended; and WHEREAS, These Counties are authorized by Article XIV, Section 18, of the Colorado Constitution, and Section 29-1-201, et seq., C . R. S . , as amended, to provide for joint funding and cooperation to provide services and functions which each is otherwise lawfully authorized to provide, and These Counties desire to cooperate in funding and making available to eligible clients mental health and substance abuse Core Services. NOW, THEREFORE, in mutual consideration of the premises and the covenants and promises set forth below, These Counties agree as follows: 1. SCOPE. The areas of cooperation among These Counties are funding and the selection of mental health and substance abuse service providers throughout the four (4) county area. 2. PROJECT FUNDING. Mental health and substance abuse Core Services are funded through a combination of Colorado Department of Human Service ("CDHS")funds, managed by These Counties under terms of this IGA, and Federal Social Security Act Alcohol and Drug Abuse Division ("ADAD") monies, including Additional Family Services funds, managed by a regional Substance Abuse Management Services Organization("MSO"). For the State fiscal year, July 1, 2004 - June 30, 2005, a total of Thirty Seven Thousand Five Hundred Dollars ($37,500.00) for substance abuse and One Hundred Thirty Two Thousand Four Hundred Ninety Seven Dollars and Fifty Cents ($132,497.50) for mental health are available in These Counties through CDHS funding. Additional ADAD/AFS monies are available for substance abuse services in These Counties through the MSO. CDHS funding levels, set forth above, are subject to change through appropriation and budgeting, as referenced in paragraph 5, below. Each County participating in this IGA agrees that it will take all action necessary to assure that its portion of available funds are paid, credited or otherwise remitted to Garfield County in order that Garfield County may fulfill its role as the coordinating, contracting and fiscal authority under this IGA. 3. COUNTY RESPONSIBILITIES. Garfield County shall be the coordinating county and the contracting and fiscal authority for mental health and substance abuse Core Services in These Counties. Garfield County, acting through its Department of Social Services ("GARCO DSS"), shall develop, draft, and submit to the CDHS, for approval, the regional (four (4) county) Mental Health and Substance Abuse Core Services Plan ("Plan")for These Counties, as required by the CDHS. GARCO DSS' responsibilities shall also include: contracting with providers, management of each provider 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH 2 CORE SERVICES - 2004 FINAL contract, recording of each provider contract in the statewide "Trails" automated system, and funding oversight. These Counties herein grant signature authority to the Garfield County BOCC and its authorized representatives for execution of the Plan and each individual provider contract. GARCO DSS shall provide a copy of this IGA and each executed provider contract to the CDHS Core Services Administrator for monitoring in accordance with the CDHS- approved Plan. The GARCO DSS Director shall coordinate meetings of These Counties, each represented by its Social Services/Human Services Department Director, for the purpose of provider selection, fund management and determination of agreed upon fee- for-services schedules. Each of These Counties shall be responsible for determining the eligibility of its clients for mental health and substance abuse Core Services and for maintaining provider relations and communications in regard to individual clients. 4. INDEMNIFICATION. To the extent permitted by law, These Counties agree to hold harmless, indemnify and defend each other, including the others' employees, officers, agents and assigns, from any claim, lawsuit, or award of damages, to the extent that such claim, lawsuit, or damages arises from the action or inaction of any one party's own officers, employees or agents. Nothing herein shall be interpreted as a waiver of governmental immunity to which each of These Counties would otherwise be entitled under X24-6-101, et seq,, C.R.S., as amended. 5. APPROPRIATION. This IGA is contingent upon Federal and State appropriation and budgeting for the provision of mental health and substance abuse Core Services throughout the four (4) county area. 6. EFFECTIVE DATE. This IGA shall become effective June 1, 2004, no matter the date of execution by each of These Counties. 7. AMENDMENT. This IGA may be amended by These Counties solely through a written agreement signed by each. 8. FACSIMILES AND COUNTERPARTS. This IGA may be signed in counter parts, and facsimile signatures may be substituted for original signatures. 9. GOVERNING LAW. The laws of the State of Colorado shall govern the validity, performance and enforcement of this IGA. Venue for any action instituted pursuant to this IGA shall lie in Garfield County, Colorado. 10. AUTHORITY. Each person signing this IGA represents and warrants that said person is fully authorized to enter into and 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH CORE SERVICES - 2004 FINAL execute this IGA and to bind the party represented to the terms and conditions hereof. 11. NOTICE. All notices required under this IGA shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid to the addresses of the parties set forth below. Notice addresses may be changed without amendment to this IGA. EAGLE COUNTY: Eagle County Department of Health & Human Services Kathleen L. Forinash, Director P.0. Box 660 Eagle, CO 81633 Phone: (970 328-8858 GARFIELD COUNTY Garfield County Department of Social Services Lynn Renick, Director P.O. Box 580 Glenwood Springs, CO 81601 Phone: (970) 945-9191 PITKIN COUNTY Pitkin County Department of Social Services Kate Jangula, Director 0100 Elk Run Drive Basalt, CO 81621 Phone: (970) 927-2380 SUNIl~lIT COUNTY Summit County Department of Social Services Susan Gruber, Director P. 0. Box 869 Frisco, CO 80443 Phone: (970) 668-4106 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH CORE SERVICES - 2004 FINAL CC: Eagle County Attorney P.0. Box 850 Eagle, CO 81631 cc: Garfield County Attorney 108 8th Street, Suite 219 Glenwood Springs, CO 81601 cc: Pitkin County Attorney 530 E. Main Street, Suite 302 Aspen, CO 81611 cc: 4 Summit County Attorney P.0. Box 6$ Breckenridge, CO 80424 12. MISCELLANEOUS. A. This IGA is solely for the benefit for These Counties and shall not be relied upon by any third party as a basis of any claim, lawsuit or complaint. B. The validity or unenforceability of any provision of this IGA shall not affect the other provisions, and this IGA shall be construed as if such invalid or un-enforceable provisions were omitted. C. In the event that rules promulgated by the CDHS conflict with provisions in this IGA, the state rules shall control. IN WITNESS THEREOF, These Counties have executed this IGA. . '`~: ' ` - ~ ;~°.~ THE BOARD OF COUNTY COMMISSIONERS ATTEST : A~. ,~ ~ ; ~ ~ `~` ~OF EAGLE COUNTY, COLORADO ,i ,~ ~' N ~+k . _. . ~ ~ ,. i '~~` By Clerk to the Board ~~°$~~~~` Title: G DATE: E BOARD ATTEST: OF FI .~=etir~~ By C erk to the Board Title: DATE: JTY COMMISSIONERS CY ./IQ~OLORADO THE BARD OF ATTEST: OF PI IN CO Clerk to the Board ATTEST: Clerk to the Board 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH CORE SERVICES - 2004 FINAL By: _ Title. DATE: 'QTY COMMISSJIONERS COLORADO THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By: _ Title: DATE: 5 12. MISCELLANEOUS. A. This IGA is solely for the benefit for These Counties and shall not be relied upon by any third party as a basis of any claim, lawsuit or complaint. B. The validity or unenforceability of any provision of this IGA shall not affect the other provisions, and this IGA shall be construed as if such invalid or un-enforceable provisions were omitted. C. In the event that rules promulgated by the CDHS conflict with provisions in this IGA, the state rules shall control. IN WITNESS THEREOF, These Counties have executed this IGA. ATTEST: THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO Clerk to the Board ATTEST: Clerk to the Board ATTEST 1 k to the Board ATTEST: Clerk to the Board 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH CORE SERVICES - 2004 FINAL By: Title: DATE: THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: _ Title: DATE: THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Title: ~j,rw5 DATE : (~? ~'- < (o .--aa-v THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By: _ Title. DATE: 5 12. MISCELLANEOUS. A. This IGA is solely for the benefit for These Counties and shall not be relied upon by any third party as a basis of any claim, lawsuit or complaint. B. The validity or unenforceability of any provision of this IGA shall not affect the other provisions, and this IGA shall be construed as if such invalid or un-enforceable provisions were omitted. C. In the event that rules promulgated by the CDHS conflict with provisions in this-IGA, the state rules shall control. IN WITNESS THEREOF, These Counties have executed this IGA. ATTEST: Clerk to the Board ATTEST: Clerk to the Board ATTEST: Clerk to the Board ATTEST: ~• C1 .r to tree oard THE BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY, COLORADO By: _ Title: DATE: THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: _ Title: DATE: THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: - Title: DATE: THE BOARD OF COUNTY COMMISSIONERS OF SUMMIT COUNTY, COLORADO By : Z. Titl . DATE: 4-COUNTY IGA SUBSTANCE ABUSE & MENTAL HEALTH CORE SERVICES - 2004 FINAL 5 ce form.-J ~a Legal Garfield County .~~~ ~ ~: w ~~ ~' ~~- ~- ~NTY ATTORNEY'S OFFICE ~° ' ~~"' ' ' ~' 108 8th Street, Suite 219 ~~ U ~.. e~ ~ l o ~~ Glenwood Springs, CO 81601 Tele: (970) 945-9150 Fax: (970) 384-5005 July 29, 2004 Kathleen Forinash, Director Eagle County Department of Health and Human Services PO Box 660 Eagle, CO 81631 Re: 4-County IGA Concerning Joint Cooperation for Child Welfare SL~bstance Abuse and Mental Health Core Services - Fiscal Year 2004-2005 Dear Ms. Forinash: Enclosed please find a fully executed original of the 4-County IGA Concerning Joint Cooperation for Child Welfare Substance Abuse and Mental Health Core Services, for your records. Sincerely, 1 i' f Mar L_ evens Y Y~ Office Manager/Paralegal MLS/jkm Enclosure