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HomeMy WebLinkAboutC10-352 Pitkin County Public Services IGA INTERGOVERNMENTAL AGREEMENT For Provision of Public Assistance Services Between Pitkin County, Colorado and Eagle County, Colorado THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement ") is made this day of , 2010 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 - Temporary Assistance to Needy Families -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 to Pitkin County residents in compliance with the rules and regulations governing these Public Assistance Programs. 4. The parties acknowledge that Pitkin's current (November 2010) Public Assistance caseload is approximately 350 active cases per month with an average of 30 new applications and 20 re- determinations received per month. In addition, approximately 70 Pitkin County residents apply for LEAP per heating season (November through April). 1 , 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 capacity in the Roaring Fork Valley, pursuant to, and in consideration of, the terms and conditions set forth in this Agreement. 6. Eagle County has successfully provided Public Assistance Programs to Pitkin County residents for the past three years and in that time has dramatically increased capacity, accountability, accessibility and timeliness. 7. Both counties recognize that there are many benefits to sharing resources and developing specialities between our two counties to establish efficiencies and cost savings. 8. It is in the best interests of both Pitkin and Eagle to enter into this Agreement. • AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the arties and other good and valuable consideration, P ton the g adequacy and q Y 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 incompliance 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 Child Health Plan Plus (CHP +), Adult Medicaid, Medicare Savings, Low - Income Energy Assistance, Pitkin County Emergency Assistance, Voter Registration requirements; B. After consultation with Pitkin County 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. Staffing will reflect an annual agreement regarding current caseload and demand for service. C. Provide supervision to the staff - person(s) working in Pitkin County. 2 D. Provide appropriate administrative support necessary to ensure proper provision of the Public Assistance Services in Aspen and El Jebel, including office and business support. 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. Office and business support includes but is not limited to: • conducting security clearance for caseworkers; • obtaining and displaying current application materials; • collaborate and provide relevant training with all referring entities; • Colorado Benefits Management System (CBMS) compliance; • adherence to state required timelines; • management and implementation of case audits; • timely phone and face to face interviews; • respond to all statewide surveys related to Public Assistance Programs on behalf of and in coordination with Pitkin County Health and Human Services staff; • 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. 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 access via wall displays for 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 the Schultz Health and Human Services building in Aspen for client interviews equipped with a computer, printer hookup, and access to a copier and fax machine to allow CBMS and other state program computer access. 3 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 Colorado Works plans to the Pitkin County Board of County Commissioners (BOCC) and the Colorado Department of Human Services (CDHS). 3. Financial Com•ensation to Earle from Pitkin: Pitkin will reimburse Eagle for Public Assistance Programs provided for Pitkin residents based on actual expenses incurred pursuant to this Agreement. Compensation of all Eagle employees shall be . based on Eagle County's general compensation plan. Eagle shall send invoices to Pitkin on a monthly basis setting forth its actual expenses incurred in providing the services under this Agreement to Pitkin. Pitkin shall pay each invoice within thirty (30) days of its receipt of invoices. All of Eagle's expenses shall be calculated annually based on actual 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 for financial projections by both counties, with the understanding that these figures may change along with changes in regulatory requirements or caseload. The estimated budget for 2011 is as follows: 2011 Projected Expenses for Pitkin County IGA Cost per Frequency Quantity Unit Total Staff Direct Services Staff quarterly 4 29,000 116,000 Staff Supervision (.30) quarterly 4 6,000 24,000 Quality Assurance (.075) quarterly 4 1,500 6,000 Program Management (.20) quarterly 4 4,500 18,000 Client Related Travel Client File Transport (Aspen to EJ) 2 x per week 104 20 2,080 Fed Ex or equivalent alternative 12 x per Aspen appointments (from Eagle) year 2208 0.75 1,656 Pitkin Colorado Works appts 6 x per year 864 0.75 648 (case mgr from Eagle to Pitkin) Other Travel Supervision (Eagle to EJ /EJ to Eagle) monthly 1224 0.75 918 HHS Section /Management Mtgs 7 x per year 1022 0.75 767 Community Collaboration Mtgs 7 x per year 1022 0.75 767 Training In -house training (EJ to Eagle) bi- monthly 612 • 0.75 459 4 State sponsored training 4 x per year 4 250 1,000 Operating Expenses Phone /Computer Service monthly 12 120 1,440 Operating and Office Supplies various 200 Total Operating Expenses 173,934 Administrative Charges (15 %) quarterly 4 6,523 26,090 HHS & Eagle County Administrative Total Projected Expenses 200,024 Attached to the monthly invoices Eagle will provide Pitkin with the following output data: a. number of new Pitkin intakes during the month b. caseload totals c. report of recent audits and findings Eagle agrees to maintain back -up documentation within the State and Federal guidelines for all billings. In addition, Eagle and Pitkin will meet as needed throughout the year to discuss ways to remedy any persistent challenges or barriers to Pitkin residents' access to Public Assistance. 4. Reporting to and Reimbursement from CDHS. Pitkin shall be wholly responsible for reporting expenses reimbursed to Eagle under this agreement to the Colorado Department of Human Services for reimbursement to Pitkin County. Pitkin will be responsible for meeting any and all financial accounting guidelines and requirements for state reimbursement. 5. Termination of Agreement. The Parties reserve the right to terminate this agreement with or without cause upon 90 days prior written notice provided in accordance with paragraphl0, 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 paragraph 10, below. • 6. Independent Contractor Status. The Parties to this Agreement intend that the relationship 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. Pitkin, and any agent, employee, or servant of Pitkin shall not be deemed to be an employee, agent, or servant of Eagle. 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. 5 • 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 Pitkin County and is responsible for payment of any federal, state FICA and other income taxes. 7. Non - Assignable. This agreement is not assignable by either party. 8. 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. 9. 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. 10. 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: Rachel Oys Eagle County Health and Human Services 551 Broadway P.O. Box 660 Eagle, Colorado 81631 -660 With copy to: Eagle County Attorney 500 Broadway, P.O. Box 850 Eagle, Colorado 81631 Notice to Pitkin County: Nan Sundeen 0405 Castle Creek Road, Suite 8 Aspen, Colorado 81611 With copy to: Pitkin County Attorney 6 530 E. Main St., Suite 302 Aspen, CO 81611 11. 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. 12. 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 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. 13. 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. 14. 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. 15. 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 Health and 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 paragraph 5. • 16. Duration. This Agreement shall remain in effect for a period of three (3) years unless earlier terminated pursuant to the provisions of paragraph 5. 17. 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 , 2010. 7 18. Eagle Approval. The foregoing Agreement is approved by the Board of County Commissioners of Eagle County, Colorado at its regular meeting held on the day of , 2010. 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: George Newman, Chairman John Ely, County Attorney BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF EAGLE COUNTY, COLORADO , By: By: 41 Sara J. Fisher, C airman Dine H. ello, Assistant County Atto ey o f v'cie o A T: • x Teak J. Simont n, Clerk to the 0 111 0 z ° Eagle Board of County Comm' 'oners 0/(4% • Ovevrs 8 ••• • 4"3 TERM ET 1) Requested hearing date: (First • oice) 12/14/10 (Seco choice) 12/21/10 2) For County Manager signature: : 3) Requesting department: HHS/Economic Services OEC 3 2010 4) Title: Intergovernmental Agreement for Provision of Publi Assi +�` Services Between Pitkin County, Colorado and Eagle County, Colorado 5) Check one: Consent: c On the Record: x x/ (✓r tr , CULa 6) Staff submitting: Kathleen een Lyons x8841 - 7) Purpose: Eagle County has been providing Public Assistance servic to Pitkin County residents since January 1, 2008 pursuant to an Intergovernmental Agreement (IGA) signed April 18, 2008. This has served both counties well in that Pitkin residents have had access to a broader range of high quality Public Assistance services and Eagle County has been able to boost staff capacity in the El Jebel office. The original IGA is set to terminate on December 31, 2010. Eagle and Pitkin Counties would like to continue partnering on providing services for Eagle and Pitkin County residents in the Roaring Fork Valley for another three year term. 8) Schedule: This agreement will be in effect from January 1, 2011 through December 31, 2013. 9) Financial considerations: This Agreement is for Eagle County to provide Public Assistance services for Pitkin County residents at a projected expense of $200K. The Agreement provides for Pitkin County to reimburse Eagle County for its actual expenses related to the provision of these services. Projected revenue and expenses related to this Agreement are included in the 2011 budget request. 9) Other: APPRO ;� ' S TO FO�2t By u.■ .. Vow ±611/<--> Eagle Co n Attorney Office B � � � ' `1 Eagle County Co missioners' Office ( t 7 LA(tvicibJck_,