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Home My WebLink AboutC08-151 Public Assistant Services Pitkin County IGA • • INTERGOVERNMENTAL AGREEMENT For Provision of Public Assistance Services THIS INTERGOVER ENTAL AGREEMENT (the "Agreement ") is made this day of a , 2008 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado, 81611 ( "Pitkin ") and the Board of County Commissioners of Eagle County, Colorado, whose address is 500 Broadway, Eagle, Colorado, 81631 ( "Eagle "). RECITALS 1. This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29 -1 -201, et seq., and Article XIV, Section 18 of the Colorado Constitution. 2. Pitkin wishes to secure a provider of certain public assistance services to citizens in Pitkin County. Public assistance services include intake, eligibility determination, re- determination, ongoing case management and program compliance management for the following programs (collectively, the "Public Assistance Programs "): A. Medicaid and Colorado Health Plan Plus (CHP +) (Families & Children) B. Adult Medicaid C. Colorado Works (TANF) D. Aid to the Needy Disabled E. Low - Income Energy Assistance Program (LEAP) F. Child Care Assistance Program (CCAP) G. Food Stamps H. Old Age Pension I. Medicare Savings Programs J. Emergency Assistance 3. Eagle provides the Public Assistance Programs to its citizens in the Roaring Fork Valley, and has the ability, capacity and expertise necessary to provide the Public Assistance Programs in Pitkin County in compliance with the rules and regulations governing these Public Assistance Programs. 4. The parties acknowledge that Pitkin's current public assistance caseload is approximately 165 active cases per month with an average of 15 new applications and 10 re- determinations received per month. In addition, Pitkin processes approximately 40 LEAP applications per heating season (November through April). 5. Eagle wishes to administer and provide the Public Assistance Programs on behalf of Pitkin because it affords them the opportunity to increase their own staff pp tY capacity in the Roaring Fork Valley, pursuant to, and in consideration of, the terms and conditions set forth in this Agreement. 1 . i 6. It is in the best interests of. both Pitkin and Eagle to enter into this Agreeient. NOW, THEREFORE, for and in consideration of the mutual promises and agrees ents of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Eagle's Obligations and Authority. Eagle agrees that it will provide and administer all of the Public Assistance Programs on behalf of Pitkin in compliance with all applicable laws, rules and regulations, and as provided in this Paragraph 1. Among other things, Eagle will: A. Provide intake, eligibility determination and ongoing case management services to residents of Pitkin County for the following programs: Colorado Works (TANF), Old Age Pension, Aid to the Needy Disabled, Food Stamps, Child Care Assistance, Medicaid and CHP +, Adult Medicaid, Medicare Savings, Low - Income Energy Assistance and Emergency Assistance; B. After consultation with Pitkin Department of Health and Human Services, Eagle will have sole discretion to determine the means by which it will implement the Public Assistance Programs and provide the services. Eagle will also, in its sole discretion, determine which staff person(s) will provide the services. Once Eagle's El Jebel public assistance office has one full time public assistance technician, Eagle will provide a staff person at the Aspen Health and Human Services facility a half day a week to contribute to Eagle's provision of services listed in Paragraph 1(A). Once Eagle's El Jebel public assistance office is fully staffed, Eagle shall staff at least one full -time pubic assistance employee at the Pitkin Health and Human Service facility at least one day per week. Once Eagle's public assistance department is fully staffed, Eagle shall staff at least one full -time pubic assistance employee at the Pitkin Health and Human Service facility at least two days per week. If Eagle's El Jebel office experiences turnover in Public Assistance staff, Eagle will provide appointment in the Aspen office on a case -by -case basis. C. Provide supervision to the staff- person(s) working in Pitkin County. D. Provide appropriate administrative support necessary to ensure proper provision of the Public Assistance Programs, including office support and business and office support. This includes but is not limited to: security clearance for caseworkers; obtaining and displaying current application materials; collaboration and relevant training with all referring entities; Colorado Benefits Management System (CBMS) compliance; adherence to 2 • • state required timelines; management and implementation of case audits; timely phone and face to face interviews; identify an Eagle Staff Liaison to be available to Pitkin County Health and Human Services staff to streamline questions and answers on specific cases or procedures; provide technical assistance to Pitkin County Health and Human Services staff in areas of program regulations, completion of forms, changes in rules in regard to service delivery: and training staff in all areas related to Eagle's obligations under this Agreement. Every effort will be made to connect eligible clients with appropriate programs and services that promote self - sufficiency. Eagle shall not be responsible for Colorado Fiscal Management System ( "CFMS ") input or for state and federal reimbursements; Pitkin shall remain responsible for these matters. Pitkin will maintain an office space at the Health and Human Services building in Aspen for client interviews equipped with a computer and printer hookup to allow CBMS access. E. Retain final authority to determine best method of service on a case by case basis, so long as statutory and regulatory obligations are fulfilled and services are provided in a professional, competent, and timely manner. 2. Pitkin's Obligations and Authority: Pitkin will compensate Eagle as provided in Paragraph 3, below, and will cooperate with Eagle to facilitate the provision of public assistance services to its citizens. Pitkin will: A. Provide application forms, accept applications and client documentation at all of its offices and assure those documents reach relevant Eagle staff. B. Provide an office space at its Aspen location for client interviews equipped with a computer and printer hookup to allow CBMS and other state program computer access and provide access to a copier and fax machine. C. Retain final responsibility for any and all eligibility decisions appealed by clients. D. Fund all client payments. E. Develop, submit and amend as needed all Child Care Assistance Program and WORKS plans to the Pitkin County Board of County Commissioners (BOCC) and Colorado Department of Human Services (CDHS). 3. Financial Compensation to Eagle from Pitkin: Pitkin has reimbursed Eagle for Public Assistance Programs provided for Pitkin during the last quarter of 2007 in the amount of $25,544. In the future, Pitkin will reimburse Eagle's actual 2008 expenses incurred in providing public assistance services to Pitkin's residents pursuant to this 3 I • • Agree ent, including funding for the full -time employee referenced in ¶ 1(A) at an incom maintenance technician level and 20% of the supervisory level employee provid d for in ¶ 1(C). Compensation of these employees shall be based on Eagle Count 's general compensation plan. All of Eagle's expenses shall be calculated based on actikal and documented personnel and non - personnel costs incurred by Eagle. An annual estimated budget will be prepared by Eagle County in July of each year to form a basis fbr financial projections by both counties, with the understanding that these figures may change along with changes in regulatory requirements or caseload. The estimated budge for 2008 is as follows: Eag10 County Proposal to Pitkin County For Public Assistance Services Annual Staff osts Ongoing Public Assistance Tech 1.0 FTE 71,586 Supervision .20 FTE 16,818 Trave - 9680 miles @ .485(current staff would assume work until new staff trainee) 4,695 Trainiig 1,000 94,099 Admi Charge @ 14% 13,174 107,272 EXPEJSES - 2008 107,272 Attached to the quarterly invoices, Eagle will provide Pitkin with the following output data: a. number of new Pitkin intakes during the quarter b. report on status of re- determinations and a plan to remedy any patterns of Exceeds Program Guidelines c. in- person supervision dates and locations d. staff miles traveled for client appointments, supervision, on job training, etc e. Formal state sponsored training completed during the quarter In ad 'tion, Eagle and Pitkin will meet as needed throughout the year to discuss ways to reme any consistent challenges or barriers to Pitkin residents' access to public assistance. 5. Reporting to and Reimbursement from CDHS. Pitkin shall be wholly responsible for re orting expenses reimbursed to Eagle under this agreement to the Colorado Dep ment of Human Services for reimbursement to Pitkin County. Pitkin will be reppo sible for meeting any and all financial accounting guidelines and requirements for state imbursement. 4 • • 10. Integrated Agreement. This Agreement may be changed or modified only in writing by an agreement approved by the respective Boards of the Parties and signed by authorized officers of each Party. This Agreement constitutes the entire Agreement between the parties and all other promises and agreements relating to the subject of this Agreement, whether oral or written, are merged herein. 11. Severability. Should any one or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or invalidate the remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable. 12. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand - delivered or sent by registered or certified regular mail, postage pre -paid to the addresses of the parties as follows. Each party by notice sent pursuant to this paragraph may change the address to which future notices should be sent. Notice to Eagle: Kathleen Lyons Eagle County Health and Human Services 551 Broadway P.O. Box 660 Eagle, Colorado 81631 -660 Notice to Pitkin County: Nan Sundeen 530 E. Main St., 3` Floor Aspen, Colorado 81611 With copy to: Pitkin County Attorney 530 E. Main St., Suite 302 Aspen, CO 81611 13. Immunity. The Parties agree and understand that both parties are relying on and do not waive, by any provisions of this Agreement, the monetary limitations or terms or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24 -10 -101, et seq., as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees. 14. Currently Budgeted Expenditures. The Parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall refer only to currently budgeted expenditures of the Parties. The Parties' obligations under this Agreement are subject to each individual Party's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provision of this Agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both Parties within the meaning of any constitutional or statutory debt limitation. This Agreement shall not be construed to 6 • • • 6. Termination of Agreement. The Parties reserve the right to terminate this agreement with or without cause upon 180 days prior written notice provided in accordance with ¶ 12, below. Should either Party default in the performance of its obligations under this Agreement, the other Party may terminate this Agreement upon 60 days prior written notice provided in accordance with ¶ 12, below. 7. Indemnification. To the extent permitted by law, each Party agrees to release, indemnify and save harmless the other party, and its officers, agents, and employees, against any and all claims or causes of action of any kind arising out of damage to real or personal property, or injury and/or death to persons, including the property, agents, or employees of either Party, resulting in any way from the operations and duties undertaken in connection with this Agreement. Each Party shall further indemnify and save harmless the other Party and its officers, agents, and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions, or proceedings of any kind or nature whatsoever, including Workman's Compensation claims, of or by any person, in any way resulting from or arising out of, either directly or indirectly, the operations and duties undertaken in connection with this Agreement. This indemnification shall be deemed to include the acts and omissions of all officers, employees, representatives, suppliers, invitees, contractors, and agents of the respective Parties. 8. Independent Contractor Status. The Parties to this Agreement intend that the relati nship between them is that of independent contractor. Eagle, and any agent, employee, or servant of Eagle shall not be deemed to be an employee, agent, or servant of Pitkin} A. Eagle is not required to offer this service exclusively to Pitkin under this Agreement. Eagle may choose to work for other individuals or entities during the term of this Agreement, provided that the basic services and deliverable products required under this Agreement are submitted in the manner and on the schedule defined within this agreement. B. Eagle warrants that the performance of Eagle's obligations under this Agreement, and all work it produces, will conform to all applicable industry standards of care, skill and diligence. C. Eagle shall not attempt to oversee or supervise the work or actions of any Pitkin employee, servant or agent in the course of completing work under this Agreement. D. Eagle and any agent, employee or servant of Eagle is not entitled to any Workman's Compensation benefits through the County and is responsible for payment of any federal, state FICA and other income taxes. 9. Non- Assignable. This agreement is not assignable by either party. 5 1 pledge or create a lien on any class or source of either Parties' bonds or any obligations payable from any class or source of each individual Party's money. 15. Binding Effect. The rights and obligations of the Parties under this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 16. Choice of Law and Venue. This Agreement shall be construed according to the laws of the State of Colorado, and venue for any action shall be in the District Courts of either Pitkin or Eagle County, Colorado. Each Party to this Agreement shall have standing to bring an action to enforce the terms of this Agreement in District Court, including an action for specific performance and injunctive relief 17. Method for Resolving Disputes and Service. In the event of a dispute between the Parties concerning performance of either Party's obligations under this Agreement, the dispute shall first be referred to each Party's respective Director of Human Services. In the event that these individuals are unable to reach agreement regarding the dispute, they shall refer it to the respective County Managers of each Party. Should the County Managers fail to resolve the dispute, this Agreement may be terminated pursuant to ¶ 6. 18. Duration. This Agreement shall remain in effect for a period of three (3) years unless earlier terminated pursuant to the provisions of ¶ 6. 19. Pitkin Approval. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County, Colorado at its regular meeting held on the day of c 1 , 2008. 20. Eagle Approval. The foregoing Agreement is approved by the Board of County Commissioners of Eagle County, Colorado at its regular meeting held on the 13 day of M` , 2008. In Witness whereof, the parties hereto have caused this agreement to be executed as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF PITKIN COUNTY, COLORADO By: 1 Ot4 ac. atfield, Chairm. Co I • t • - - y 7 • • 1 • • BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF EAGLE C • I yy ORADO By Peter F. Runyon, Ch. ' an County Attorney 8 . .