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HomeMy WebLinkAboutC16-064 Pitkin County IGAINTERGOVERNMENTAL A G REEM E N T Between Eagle County and Pitkin County For Provision of Child Welfare and Adult Protection Services THIS INTERGOVERNMENTAL AGREEMBNT (the "Agreement"), is effective as of January l, 2016, and is entered into by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado, 816l I ("Pitkin") and the Board of County Commissioners of Eagle County, Colorado, whose address is 500 Broadway, Eagle, Colorado, 81631 ("Eagle"), hereinafter refened to collectively as the "Pafiies". RECITALS WIIEREAS, this Agreement is entered into pursuantto, inter olia, C.R.S. $$ 29-t-201 , et seq,, and Article XlV, Section 18 of the Colorado Constitution. WIIEREAS, by Agreement dated August 28,2012 (the "Original IGA"), the Parties contracted for the provision of certain comprehensive Child Welfare (Program Area - PA 3, 4 and 5) and Adult Protection Services to Eagle County citizens living in the Roaring Fork Valley portion of Eagle County (hereinafter the "Eagle Clients") by the Pitkin County Department of Adult and Family Services. WHEREAS, the Parties wish to replace the Original IGA with this Agreement for the same services under the terms and conditions stated herein. NOW' TIIEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency ofwhich is hereby acknowledged, the Parties agree as follows: I Pitkin's Obligations and Authoritv. Pitkin agre€s to provide and administer all Child Welfare and Adult Protection Services to Eagle Clients, which shall hereinafter be referred to as the "Services", 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: i. Receiving and screening referrals. Evaluating refenals and making determinations to accept/not accept referrals for assessment, and assigning time frames (immediate, three or five day responses) for assessments.ii. Conducting assessments, including timely face to face visits and interviews with all involved parties (plus collaterals) as defined by federal and state statutes. All information about assessments will be entered into Trails and Colorado Adult kotection Services database, CAPS. C16-064 iii. 1V. vl. Securing access to and ensuring system compliance in Trails and Colorado Adult Protection Services database, CAPS, for all employees responsible for Child Welfare or Adult Protection Services for Eagle Clients. Opening cases in Trails and CAPS, and providing case management services including monthly home visits and conferring with parties on cases. Inputting all required data, including Record of Contact (ROC) notes, payment authorizations and treatment plans into Trails and CAPS. Creating and maintaining paper case files with all required paperwork and documentation. Assigning all required paperwork and documentation. Assigning a Pitkin staff liaison to be available to Eagle to consult on specific cases or procedures. Providing ongoing supervision and case consultation to caseworkers by a state certified supervisor. Holding bi-monthly Child Protection Team (CPT) meetings and quarterly APS community meetings, and participating in Collaborative Management meetings as requested. Managing and implementing case and program audits conducted by Colorado Department of Human Services (CDHS), Alpine Area on Aging, county auditors, etc. Collaborating with and providing training for referring and entities and community partners (Mandated Reporter Trainings). Training staff in areas related to Pitkin's obligations under this agreement. Aligning implementation of best practices for Child Welfare and adult Protection Services including but not limited to Differential Response, Family Engagement and Permanency Roundtables, and Prevention Services (i.e., Colorado Community Response and PA3). vll. viii. ix. xi. xii. xiii. x. B. Provide appropriate administrative support necessary to ensure proper provision of the 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. Pitkin will also, in its sole discretion, determine which staff person(s) will provide the services. Pitkin shall provide a dedicated staff person to the Eagle, El Jebel office as needed to contribute to the provision of the Services listed in Paragraph l.A. Pitkin will also offer appointments in the Aspen office or in El Jebel on a case-by-case basis for Pitkin or Eagle Clients. C. Retain final responsibility for any and all child welfare and adult protection decisions appealed by Eagle Clients and for defending any claims, or causes of action arising out of or resulting from in any way, Pitkin's provision of services hereunder. 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. Pitkin will have sole discretion to determine the means by which Chiltl Welfare and Adult Protection Services are administered. E. 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. 2. Eagle's Obligations and Authoritv: Eagle will: A. Make referals 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. 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. Eagle's contract Child Welfare and Adult Protective Attorney ("Attorney") will be reasonably available to render legal services and advice for Pitkin Human Services related to gaining non-voluntary compliance for the following types of cases involving Eagle Clients: Child relinquishment Dependency and neglect proceedings Children in need of oversight proceedings Delinquency and other juvenile and child protection proceedings Adultprotection proceedings Administrative hearinss 3. Joint Obligations of the Parties Pitkin and Eagle have agreed to rotate supervision services for the on-call child and adult protection responsibilities of the case workers in both counties (i.e. the "hotline"). Pitkin and Eagle will alternate on-call supervision services on a weekly basis. For example, in a month with four weeks the on call supervisor will rotate Pitkin, Eagle, Pitkin, Eagle. If Pitkin requests Eagle cover the on-call responsibilities during a Pitkin designated week, Pitkin will reimburse Eagle in the amount of $164.47 for that week. 4. Financial Compensation to Pitkin from Eagle: A. For the initial term (January 1,2016 through December 31, 2016), Eagle County will compensation Pitkin County for the performance of the Services at the rate of $16,673.08 per month. Compensation for the performance of Services under this Agreement during the initial term shall not exceed $200,011 without an amendment to this Agreement. B. Payment will be made for Services satisfactorily performed within thirty days of receipt of a proper and accurate invoice from Pitkin. Pitkin will submit an invoice by the fifth business day of each month to Eagle for services provided during the previous month and attach output data as Eagle may request. C. For any renewal terms, Eagle will pay Pitkin for Services based on a calculation for actual time reported by Pitkin staff for Eagle Clients during the previous State fiscal year. For example, the reimbursement rate for 2016 was calculated using the time reporting for State fiscal year 2014-2015, as shown in Exhibit A. All of Pitkin's expenses shall be calculated on an annual prior year actual and documented personnel and non-personnel costs, including travel. D. Pitkin agrees to maintain back-up documentation in accordance with applicable State and Federal guidelines for allbillings. 5. 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. 6. 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 Paragraph 11 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 11 below. In the event this Agreement is terminated, all Eagle Client cases will be transferred back to Eagle County. Upon termination of this Agreement, Contractor shall immediately provide County with all documents related to open cases, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 7. Relationship of Parties A. Independent Government Status. The Parties to this Agreement intend that the relationship between them is that of independent governmental agencies cooperating in accordance with C.R.S . S 29-I-203. Pitkin, and any agent, employee, or servant of Pitkin shall not be deemed to be an employee, agent, or servant of Eagle. B. Not Exclusive. 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. 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 Eagle and is responsible for payment of any federal, state FICA and other income taxes. E. Eagle and Pitkin each commit that representatives from each county department of human services will meet as needed throughout the year to discuss ways to remedy any consistent challenges or barriers to Eagle Clients' access to Child Welfare and Adult Protection Services. 8. Non-Assignable. This Agreement is not assignable by either party. 9. 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. 10. 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. 11. 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 chanse the address to which future notices should be sent. Notice to Pitkin:Nan Sundeen 0405 Castle Creek Road. Suite 8. Aspen, CO 81611 Pitkin County Attorney 530 E. Main St.. Suite 302 Aspen, CO 81611 Jone Bosworth 551 Broadway, P.O. Box 660 Eagle, CO 81631 Eagle County Attorney 500 Broadway, P.O. Box 850 Eagle, CO 81631 With copy to: Notice to Eagle: With a copy to: 12. Liability and Risk. To the extent permitted by law, Pitkin shall indemnify, defend and hold harmless Eagle, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which Eagle may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Pitkin or any of its employees or agents, including claims for bodily injury or personal injury including death, or loss or damage to tangible or intangible property. The Parties agree that Pitkin's insurance carrier will treat Eagle County the same as the primary insured and defend Eagle County against any such action arising out of the Services. Alternatively, Pitkin shall reimburse Eagle for reasonable attorney fees and costs, legal and other expenses incurred by Eagle in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the Eagle to the extent that Eagle is liable to such third party for such claims without regard to the involvement of the Pitkin. This paragraph shall survive expiration or termination hereof. 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 pledge or create a lien on any class or source of either Parties' bonds or any obligations payable from any class or source ofeach 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 as si gns. 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 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. 17. Method for Resolving Disputes and Service. In the event of a dispute between the Parties concerning performance of either Party's obligation 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 6 of this Agreement. 18. Duration. This Agreement shall remain in effect for a one year term which may be renewed for successive one year terms on the same terms and conditions as set forth herein upon agreement of the parties unless earlier terminated pursuant to the provisions of Paragraph 6 of this Agreement. Any amendments or modifications shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS COUNTY OF PITKIN, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: tl(/tL ffir,. Richards. Chairman -z: Attest: By: ne McQueene Teak J. Simonton. Clerk to the Board 2016 Budget Child Welfare and Adult Protection Services, El Jebel CW & APS StaffTime supervisor - McGaugh caseworker - Straka caseworker - Kirkpatrick caseworker - Medrano caseworker - Ramsey 42% charge to Eagle County 65,259.00 28,656.00 93,915.00 333,161.00 732,137.00 465,298.00 Salary 73,2I1..00 67,875.00 64,508.00 62,308.00 Benefits 23,690.00 22,578.00 22,047.O0 35,166.00 Total 96,901.00 90,453.00 86,555.00 97,474.OO L95,425.0O approximate percentage of time: child welfare aduft protection core 9t% 9% actual draw ofAA Core StaffTime case aide worker - Aliaga Salary 48,373.00 ln 201.4, approx. 20% of time spent on Core ln2014, approx. 55% of Core time is for Eagle County actual time spent charged to Eagle County CORE Benefits L9,864.00 Total 68,237.00 Other Travel Training On-Call Back-Up Supervision Total 2016 Eagle County Share L5*164.47 s 6,500.00 S szo.oo 5 Q,467.05]' 200,o77.95