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HomeMy WebLinkAboutC20-373 Prowers County MOUMEMORANDUM OF UNDERSTANDING Between EAGLE COUNTY and PROWERS COUNTY Page 1 of 4 INTRODUCTION: This Memorandum of Understanding (“MOU”) is entered into by and between Prowers County, Colorado body corporate and politic by and through its Board of County Commissioner (“Prowers County’), and Eagle County, Colorado (“Eagle County”) a body corporate and politic by and through its Board of County Commissioners. Prowers County and Eagle County shall jointly be referred to as the “Parties.” PURPOSE: 1. This MOU is developed in partnership between Prowers County and Eagle County, with confirmation by the State of Colorado (“State”), for Prowers County to manage and administer calls to the hotline regarding persons that reside in Eagle County, Colorado. 2. Prowers County, through its Hotline County Connection Center (“HCCC”), agrees to answer and process Child Welfare (“CW”) related and APS related hotline calls on behalf of Eagle County (“Call Coverage Services”). Prowers County will perform the tasks outlined in this MOU as they relate to Call Coverage Services. Eagle County will perform the tasks identified in the MOU to assist the HCCC with successfully receiving the Hotline calls so Eagle County can complete the final disposition of each call. TERM, AMENDMENT, TERMINATION: 1.Term of MOU: a.This MOU becomes effective October 1 2020 for the period of 12 months, ending September 30, 2021. b. The parties shall notify each other at least 30 days prior to expiration of the MOU to execute an extension. 2. Amendments: a. The Parties may request changes to this MOU, which shall be effective only upon the written agreement of the Parties. b. Any changes, modifications, revisions, or amendments to this MOU shall be incorporated by written instrument, executed and signed by the Parties, and will be effective in accordance with the terms and conditions contained herein. 3. Termination: a.Any party may, at its sole discretion, terminate or cancel the MOU upon 30 days’ written notice to the other party. RATE FOR SERVICES: 1.The calculations used to determine the rate of the Call Coverage Services are based on an annual projection of the number of Child Protection Program Area 5, Program Area 4, and Institutional reports taken and an equivalent number of Other Child Welfare (“Other CW”) Inquiry related call reports. For purposes of this MOU, 10 “Other CW” calls will equal 1 report. a.Projected numbers of Program area 5, Program area 4, Institutional, “Other CW”, and APS reports will be based on a combination of information from the Results Oriented Management data base and the actual numbers of calls received through the HCCC for the previous 12 months. DocuSign Envelope ID: 0DAF8A29-2D77-444E-B421-EE5BDB130ACA C20-373 Page 2 of 4 2. Eagle County is allocated 4 free reports, child abuse/neglect or APS reports, each month for a total of 48 free reports of any type per year. 3. Prowers County has entered into agreements with other Colorado counties to provide the same services as contemplated in this MOU. In the event the HCCC must expend additional funds to accommodate adding additional positions to take calls on behalf of all of the other counties including Eagle County, the cost of that expansion may be proportionately distributed amongst all of the counties that receive HCCC Call Coverage Services. Should this situation arise, Eagle County will be notified 60 days in advance of any additional costs required for HCCC’s services so it can determine whether to terminate the MOU. 4. Prowers County will invoice for the Call Coverage Services. Invoices shall include a description of the services performed as Eagle County may request. Eagle County will submit payment for services satisfactorily performed within 60 days of receipt. 5. The rates of Call Coverage Services provided to Eagle County per the terms of the MOU are: Estimated number of Child Abuse/Neglect Reports Oct 2020 – Sept 2021 614 C/W Inquiries 0 Divided by 10 0 Total Estimated Reports 614 Less the Allotment of Reports (4 per month or 12 per quarter) -48 Total Estimated Reports to be billed 566 Rate per Report $ 23.00 Estimated Investment for C/W Reports $ 13,018.00 Estimated number of APS reports Oct 2020 – Sept 2021 83 Rate per APS Report $ 15.00 Estimated Investment for APS reports $ 1,245.00 Total Investment for Call Coverage services $ 14,263.00 6. Eagle County will be billed quarterly for actual number of reports taken, less the allotted reports of 12 reports of any type per quarter. JOINT RESPONSIBILITIES SHARED BETWEEN EAGLE COUNTY AND PROWERS COUNTY HCCC: 1. Both Prowers County and Eagle County acknowledge that the State of Colorado Department of Human Services must approve this MOU prior to final execution. 2. This MOU was preceded by an official request for Call Coverage Services from the Board of County Commissioners for Eagle County. 3. Both parties understand that nothing in this MOU supersedes or replaces each party’s requirements and responsibilities to follow and adhere to all requirements as set forth in state and federal statute, Volume 7 Rules and/or Division of Child Welfare Policy. GENERAL RESPONSIBILITIES OF HCCC: 1. The Hotline County Connection Center (HCCC) will make the appropriate routing changes and take all calls for Eagle County on a full-time basis. Full-time is defined as 7 days per week, 24 hours a day including holidays. All next step decisions regarding Hotline call records will be left to the discretion of Eagle County. Eagle County will be responsible to complete a review of all information in the Trails Hotline Application (“THA”) and Trails to ensure appropriate disposition. 2. All next step decisions regarding Hotline call records will be left to the discretion of Eagle County. Eagle County will be responsible to complete a review of all information in THA and Trails to ensure appropriate disposition. 3. Child Welfare Reports, which can be referred to as Referrals, taken by the HCCC will be entered into the THA, submitted, and transferred to Eagle County’s Trails Inbox. HCCC will notify Eagle County of DocuSign Envelope ID: 0DAF8A29-2D77-444E-B421-EE5BDB130ACA Page 3 of 4 a referral via email during business hours and by personal contact during after-hours (pursuant to Volume 7 Rules). It will be the responsibility of Eagle County to check the pending queue and manage the final disposition of all records. a. HCCC will provide the Hotline ID and/or Referral ID number (pursuant to Volume 7 Rules) to an entity designated by Eagle County. 4. If the HCCC believes the report is of an immediate response nature, the HCCC will notify Eagle County while information is being entered into the THA or CAPS. 5. Information and Referral (non-CW) calls will be sent to Eagle County’s Pending Incoming Hotline Queue (pursuant to Volume 7 Rule). It will be the responsibility of Eagle County to check the pending queue and manage the final disposition of all records. Call purpose will be included in the comments. Callers will be redirected back to the Eagle County main Department of Human Services number. Eagle County can request a brief synopsis. 6. If HCCC receives a call from law enforcement or medical personnel that requires immediate response from Eagle County, HCCC will transfer the call to an Eagle County on-call designee. If the Eagle County on-call designee is not available, HCCC will take a message and continue to make attempts to notify the County. If appropriate, the HCCC will take a report while notifying the County. 7. APS reports will be documented in the Colorado Adult Protection System, (“CAPS”) and in the THA. Once complete, the record will be transferred to the County’s Pending Incoming Hotline Queue. Eagle County will confirm receipt and update in the THA. a. If an APS call is regarding an adult over 70 years old, the HCCC will document the call in the THA and advise the reporter to call local law enforcement. The HCCC will then notify the County of the call. b. Notification to Eagle County that an APS report has been taken by the HCCC will be made by email during both open and after-hours. GENERAL RESPONSIBILITIES OF EAGLE COUNTY 1. Eagle County will provide an updated list of on-call Eagle County employees’ name(s) or designees and telephone/cellphone numbers and email addresses at all times. The on-call list will include backup contact name(s) and number(s) and email addresses in case the first employee is unable to answer within the notification time frame as outlined in Volume 7 Rules. If the designee changes, it is the Eagle County’s responsibility to immediately inform the HCCC of the change and to provide the required contact information. 2. Eagle County will notify the HCCC of any special circumstances where Eagle County staff will be unavailable by email (business hours) or voice telephone/cellphone (i.e. employees are in court, meetings, training after-hours, etc.) Eagle County should make every attempt to identify another entity that can receive notifications. This can be any entity designated by Eagle County. GENERAL PROVISIONS 1. This MOU is not intended to create any agency or employment relationships between the parties nor is it intended to create any third-party rights or beneficiaries. 2. Nothing contained herein shall be construed as a waiver of any party or any immunity at law including immunity granted under the Colorado Governmental immunities Act. 3. No modification or waiver of this MOU or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 4. This MOU and the parties conduct hereunder shall be subject to local, state and federal laws and regulations, including requirements associated with confidentiality of information and HIPAA privacy requirements. DocuSign Envelope ID: 0DAF8A29-2D77-444E-B421-EE5BDB130ACA Page 4 of 4 5. The Parties to this MOU are subject to the provisions of Colorado Constitution, Article X, Section 20 (“TABOR”) regarding multiple fiscal year obligations. Therefore, no obligation extending beyond December 31, 2021 shall be enforceable unless and until the County, acting through the Board, has adopted a budget for 2022 providing for payment of such obligations. Eagle County shall immediately notify Prowers County should funding under this MOU fail to be appropriated in such instance, Prowers County may immediately terminate this MOU. 6. All three of the authorizing and confirming agencies listed below must agree to the conditions set forth in the proceeding document before the MOU can be finalized. 7. All signatories have the appropriate delegation of authority to sign this MOU. 8. This MOU is subject to all applicable federal, state and local laws, regulations and rules, whether now in force or hereafter enacted or promulgated. If any term or provision of this MOU is held to be invalid or illegal, such term or provision shall not affect the validity or enforceability of the remaining terms and provisions. Meeting the terms of this MOU shall not excuse any failure to comply with all applicable laws and regulations, whether or not these laws and regulations are specifically listed herein. 9. No third-Party Beneficiary. It is expressly understood and agreed that enforcement of the terms and conditions of this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any such claim or right of action by any other or third person or entity on such MOU. It is the express intention of the parties hereto that any person or entity, other than the Parties, receiving services or benefits under this MOU shall be deemed to be incidental beneficiaries only. 10. Each Party agrees to be responsible for its own liability incurred as a result of its participation in this MOU. In the event any claim is litigated, each Party will be responsible for its own expenses of litigation or other costs associated with enforcing this MOU. No provision of this MOU shall be deemed or construed to be a relinquishment or waiver of any kind of the applicable limitation of liability provided to each Party by the Colorado governmental Immunity Act, C.R.S. 24-101-101 et seq. and Article XI of the Colorado Constitution. Approving Entities Approving Entities Signed: ___________________________________ Signed: ___________________________________ Name: ____________________________________ Name: ____________________________________ Title: _____________________________________ Title: _____________________________________ Entity: ____________________________________ Entity: ____________________________________ State Confirmation Date: _____________________________________ Signed: ___________________________________ Name: ____________________________________ Title: _____________________________________ Entity: ____________________________________ DocuSign Envelope ID: 0DAF8A29-2D77-444E-B421-EE5BDB130ACA Wendy Buxton-Andrade Prowers County 10/7/2020 Chair-County Commissioner Eagle County Government Jeff Shroll County Manager