HomeMy WebLinkAboutC12-300 Pitkin County IGA R f
•
INTERGOVERNMENTAL AGREEMENT
Between Eagle County and Pitkin County
For Provision of Child Welfare and Adult Protection Services
THIS IN RGOVE NMENTAL AGREEMENT (the "Agreement ") is made this
day of , 2012 by and between the Board of County
Commissioners of Pi in 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 "), hereinafter referred to
collectively as the "Parties ".
RECITALS
WHEREAS, 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.
WHEREAS, Eagle wishes to secure a provider of certain comprehensive Child Welfare
(Program Area - PA 3, 4 and 5) and Adult Protection Services to citizens in the Roaring Fork
Valley portion of Eagle (El Jebel and Basalt). Child Welfare and Adult Protection Services
include on -call emergency response, intakes, assessments, on -going case management, court
involvement and program compliance management.
WHEREAS, Pitkin provides comprehensive Child Welfare and Adult Protection Services
to its citizens, and has the ability, capacity and expertise necessary to provide the same -Child
Welfare and Adult Protection Services in Eagle County (El Jebel and Basalt) in compliance with
the rules and regulations governing these Child Welfare and Adult Protection Programs.
WHEREAS, Pitkin wishes to immediately administer and provide the Child Welfare
services, and within six months of signing this. Agreement, provide Adult Protection Services on
behalf of Eagle in the El Jebel and Basalt areas of Eagle County.
WHEREAS, both counties recognize that there are many benefits to sharing resources
and developing specialties in service delivery between the two counties to establish efficiencies
and cost savings. Eagle has successfully provided Public Assistance services to Pitkin residents
since 2008.
WHEREAS, the Parties have determined that it is in the best interests of both Pitkin and
Eagle to enter into this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and agreements of
the parties and other good and valuable consideration, the adequacy and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Pitkin's Obligations and Authority. Pitkin agrees to provide and administer all Child
Welfare and Adult Protection Services on behalf of Eagle to citizens living in El Jebel and
Basalt, in compliance with all applicable laws, rules and regulations, and within required
timelines as follows:
A. Provide comprehensive Child Welfare and Adult Protection Services, including,:
1. Receiving and screening referrals. Evaluating referrals and making
determinations to accept/not accept referrals for assessment, and assigning
timeframes (immediate, 3 or 5 day) for investigation.
2. Conducting investigations including timely visits and interviews with all
involved parties (collateral) as defined by federal and state statutes to make
case determinations (voluntary services, open a case, etc.).
3. Securing Trails and Colorado Benefits Management System (CBMS)
security clearance for caseworkers, and ensuring systems' compliance.
4. Opening cases in Trails and CBMS, and providing case management
services including monthly home visits and conferring with parties to the
cases.
5. Inputting all required data, including Record of Contact (RoC) notes,
payment authorizations, and treatment plans into the Trails and CBMS.
6. Creating and maintaining case files with all required paperwork and
documentation.
7. Assigning a Pitkin staff liaison to be available to Eagle to consult on specific
cases or procedures.
8. Providing on -going supervision and case consultation to caseworkers by a
state - certified supervisor.
9. Holding bi- monthly Child Protection Team (CPT) meetings and quarterly
APS community meetings, and participating in Collaborative Management
meetings as requested.
10. Managing and implementing case and program audits conducted by CDHS,
Alpine Area Agency on Aging, county auditors, etc.
11. Collaborating with and providing training for referring entities;
12. Training staff in all areas related to Pitkin's obligations under this
Agreement.
Pitkin will have sole discretion to determine the means by which Child Welfare and Adult
Protection Services are administered. Pitkin will also, in its sole discretion, determine
which staff person(s) will provide the services. Once Pitkin's Adult and Family Services
unit is fully staffed, Pitkin will also assign a staff person to the Eagle El Jebel office as
needed to contribute to the provision of the services listed in Paragraph 1.A. Pitkin will also
provide appointments in the Aspen office or in El Jebel on a case -by -case basis for Pitkin
or Eagle clients.
B. Provide appropriate administrative support necessary to ensure proper
provision of the Child Welfare and Adult Protection Services, including business and office
support. Every effort will be made to engage families and adults to promote and ensure
safety, permanency and wellbeing for each referral.
1
C. Retain final responsibility for any and all child welfare and adult
protection decisions appealed by clients.
D. 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. Eagle's Obligations and Authority: Eagle will:
A. Make referrals of all El Jebel and Basalt Child Welfare and Adult
Protection Services to Pitkin.
B. Provide office space at the El Jebel Eagle County building for Pitkin
caseworkers to administer El Jebel and Basalt Child Welfare and Adult Protection
Services, including a computer and printer with connection to Trails, CBMS and other
state program access, and access to a copier and fax machine.
C. Maintain responsibility for Colorado Fiscal Management System
( "CFMS ") input or for any state and federal reimbursements related to provision of these
services.
0 D. Develop, submit and amend as needed all Child Welfare and Adult
Protection services plans to the Eagle Board of County Commissioners (BoCC) and
Colorado Department of Human Services (CDHS).
E. Provide access to an Eagle fleet vehicle in El Jebel for specific purposes of
Child Welfare and Adult Protection Services travel for Pitkin staff and transportation of
Eagle clients.
F. Continue to administer and, when appropriate, close all existing court
related cases.
G. As set forth in Exhibit A hereto, Eagle's contract Child Welfare and Adult
Protective Attorney ( "Attorney ") will be available to render legal services and advice for
Pitkin Human Services related to gaining non - voluntary compliance for the following types
of El Jebel/Basalt cases::
1. Child relinquishment
2. Dependency and neglect proceedings
3. Children in need of oversight proceedings
4. Delinquency and other juvenile and child protection proceedings
5. Adult protection proceedings
6. Administrative hearings
7. Other legal services as may be requested from Pitkin County Director of
Human Services.
3. Financial Compensation to Pitkin from Eagle: Eagle will reimburse actual expenses
incurred by Pitkin in providing Child Welfare and Adult Protection Services to Eagle residents
(El Jebel and Basalt) pursuant to this Agreement, including funding for a full -time, social
caseworker level employee to provide services referenced in paragraph 1.A. of this Agreement.
The budget for January 1, 2013 through December 31, 2013 is included in the attached Exhibit
A, which is incorporated herein by this reference (See Table A -1). The parties do not anticipate
that Pitkin's actual costs will exceed the budget set forth in Exhibit A. In the event Pitkin has
reason to believe that its actual costs will exceed those identified in Exhibit A, Pitkin shall
promptly call a meeting with Eagle to discuss an amendment to this Agreement. Total
compensation to Pitkin for the term January 1, 2013 through December 31, 2013 shall not exceed
one hundred fifteen thousand six hundred twenty eight dollars ( $115,628) without a signed
amendment to this Agreement. Eagle will pay a prorated share of the 2013 budget for services
rendered between September 1, 2012 through December 31, 2012.
All of Pitkin's expenses shall be calculated based on actual and documented personnel and non-
personnel costs incurred by Pitkin. Pitkin will submit an invoice by the 5th business day of each
month to Eagle for services provided during the previous month and attach the following output
data:
a. Number of Eagle (El Jebel and Basalt) referrals received, assessments conducted, number
of cases opened, and status of ongoing cases including court- involvement.
b. Report on status of ARD audits and any proposed remedies to comply with audit
findings.
c. Staff miles traveled in non -Eagle County vehicles for client appointments, supervision,
on -job training, etc.
d. Formal state sponsored training completed during the quarter
e. Attorney billing including case number, hours, services provided
Pitkin agrees to maintain back -up documentation in accordance with applicable 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 consistent challenges or barriers to Eagle (El Jebel and Basalt)
residents' access to Child Welfare and Adult Protection Services.
An annual estimated budget will be prepared by Pitkin in July of each year and provided to Eagle
to form a basis for financial projections by both counties, with the understanding that these
figures are subject to change along with changes in regulatory requirements or caseload.
4. Reporting to and Reimbursement from CDHS. Eagle shall be wholly responsible for
reporting expenses reimbursed to Pitkin under this Agreement to the CDHS for reimbursement to
Eagle. Eagle 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 60 days prior written notice provided in accordance with paragraphl2
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
0 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. Pitkin, and any agent, employee, or servant of
Pitkin shall not be deemed to be an employee, agent, or servant of Eagle.
A. Pitkin is not required to offer this service exclusively to Eagle under this Agreement.
Pitkin 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. Pitkin warrants that the performance of Pitkin's obligations under this Agreement,
and all work it produces, will conform to all applicable industry standards of care, skill
and diligence.
C. Pitkin shall not attempt to oversee or supervise the work or actions of any Eagle
employee, servant or agent in the course of completing work under this Agreement.
D. Pitkin and any agent, employee or servant of Pitkin is not entitled to any Workman's
Compensation benefits through the (Eagle) 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 Pitkin: Nan Sundeen
0405 Castle Creek Road, Suite 8
Aspen, CO 81611
3
With copy to: Pitkin County Attorney
530 E. Main St., Suite 302
Aspen, CO 81611
Notice to Eagle: Rita Woods
551 Broadway, P.O. Box 660
Eagle, CO 81631
With a copy to: Eagle County Attorney
500 Broadway, P.O. Box 850
Eagle, CO 81631
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 Pitkin or Eagle,
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 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 of this Agreement.
•
respective County Managers of each Party. Should the County Managers fail to resolve the
dispute, this Agreement may be terminated pursuant to paragraph 5 of this Agreement.
16. Duration. This Agreement shall remain in effect for a period of three (3) years and four
months (September 1, 2012 - December 31, 2015) unless earlier terminated pursuant to the
provisions of paragraph 5 of this Agreement.
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
Mi ael M. Owsley, Chairman „lohr tly, C _ountyl ttorney
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF EAGLE COUNT ILO • DO
B �!
Peter F. Runyon, Chairman Bryan Treu, County Attorney
ATTEST:
Valate
efor
11,45-kir
6> '1,!(
Teak J. Simonton, Clerk to the �
Eagle Board of. County Commission
•
EXHIBIT A — SCOPE OF SERVICES, PAYMENT AND FEE SCHEDULE
Scope of Services: The work for the Agreement shall commence on September 1, 2012 and
shall terminate on December 31, 2015, unless otherwise terminated in accordance with the terms
of this Agreement.
Payment and Fee Schedule: Pitkin shall be compensated for performance of assigned services
as follows:
1. Eagle agrees to pay to Pitkin the actual costs incurred to provide services under this
Agreement from Sept 1, 2012 through December 31, 2013. Pitkin's costs for this period are
projected to be $115,628 per year as shown in Table 1 below and are based on Eagle's 2012
caseload, including:
a. Child Welfare — 5 -7 referrals received per month (with 2 -4 children per case), and an
average of two referrals per month opening for case management services. The
ongoing Child Welfare caseload ranges from 9 -10 families (assessments and ongoing
cases). Approximately 80% of the Eagle (El Jebel and Basalt) child welfare cases
involved monolingual Spanish speaking families.
b. Adult Protection — 2 -4 referrals received per month with an average of one referral
per month opening for case management services. The ongoing Adult Protection
caseload ranges from 2 -4 open cases per month and one ongoing care management
case.
Costs for subsequent program periods will be determined as provided in paragraph 3 of the
Agreement.
2. In addition to the costs described in paragraph 1 of this Exhibit, Eagle agrees to pay the cost
of legal representation for Pitkin Adult and Family Department for non - voluntary
compliance cases (as more fully identified in the Agreement) through their contract with
attorney, Alison Casias.
3. For reimbursement, Pitkin will submit invoices quarterly to Eagle for costs incurred in
accordance paragraphs 1 and 2 of this Exhibit. Eagle shall not be billed for and
reimbursement shall not be made for, time involved in activities outside of those defined this
Exhibit A and in paragraph 1.A -G of the Agreement.
. . .
TABLE 1— 2012 -13 PROJECTED EXPENSES
Pitkin County Child Welfare and Adult Protection Services
For Eagle County (El Jebel and Basalt)
January 1, 2013 — December 31, 2013
Cost per
Quantity Unit Total
Staff
Direct Services Staff - Case Worker 100% $ 97,445
Salary & Benefits 1.0 FTE 69,670
Health Insurance 27,775
Staff Supervision 15% 15,734
Salary & Benefits 87,236
Health Insurance 17,658
Client Related Travel - Mileage
Transport and Appointments 3,480 0.56 1,949
Aspen to El Jebel 2x per week
Training 500
i ce )
Total Operating Expenses $115,628
Total Projected Expenses $115,628
