HomeMy WebLinkAboutbocc.res.076.2012 CONTRACT# ` /�'�-6��"
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A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLOR.ADO, AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT WITH THE BO�RD OF COUNTY COMMISSIONERS OF EAGLE COUNTY
FOR THE PROVISION OF CHILD AND ADULT'PROTECTION SERVICES
RESOLUTION NO. ��-2012
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
servic�s, and within six months of signing this Agreement, provide Adult Protection Services on
behalf of Eagle (El Jebel and Basalt).
WHEREAS,both counties recognize that there are many benefits to sharing resources
and developing specialties in service delivery between the two counties to establish eff ciencies
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, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado that Pitkin County enter into an Intergovernmental Agreement with Eagle
County for the provision of services described in the agreement and that the Chair be authorized
to execute such agreement on behalf of Pitkin County.
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INTRODUCED, FI T READ AND SET FOR PUBLIC HEARING ON THE
�l�- DAY OF ;-��,� r 2012.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON ��'j-�(�/�
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2012.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTED
ON THE OFF CIAL PITKIN COLINTY WEBSITE (www.aspenpitkin.com) ON THE /C��'
DAY OF � U Z , 2012.
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ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE_�DAY OF
_��G,�5� , 2o i 2.
PUBLISHED BY TITLE AND SHORT SUMMAR , AFTER ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE ����- DAY OF v �-G�s r , 2012.
,:AT EST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
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By
Je ette Jones Michael M. Owsley, Chair
I� puty Clerk&Recorder
Date: �"�/"�4�;z-
APPROVED AS TO FORM: MANAGER APPROVAL:
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John Ely, C ttorney Jon Peac ck, County anager
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SEP 4 REC'D
�T�RG0��1'�MENTAI.� AG1�EI�1�"� PI7�5ti�;�iNTY
H�LTI-18�E-iUt+�4A�►+f
�etc�a�en E�g1e Coun�y a�nd Pat�in �on�aty SERV�CES
�o� Pr�vis�on ����ilcl�4'elfare and A.daz�t Pr.mtecYion �exviceg
f THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement") is made this
�`� day of ��F.:�-�`�•�--'�" , 2012 by and between the Boazd of County
Camznissioners of Pi�County, Calorado,whase address is 530 East Main Street, Aspen,
Colorado, 81611 (`Pitkin") and the Board of County Commissioners of Eagle,County,�olorada,
whose address zs 500 Broadway,Eagle, Colozado, 81631 ("Eag1e"),hezeina,.�er referrer.i to
collectively as the "Parties".
RECI�'�.S .
WHEREAS, this Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-20I, et
seq_, arid Article XIV, Section 18 of the Color�do Constatution.
WHEREAS,Eagle wisl�es to secure a provider of certain comprehensive Chiid Welfare
(Program Area-PA 3,4 and 5) and Adult Pzotection Services to citizens in the Roarang Fork
VaIley portion of Eagle(EI 3ebel and Basalt). Ch.ild Welfare and Adult Pzotection Services
include on-call emergez�cy zesponse, intakes, assessments, �n-going case ma.nagement, court
involveznent and program connpliance management.
WHEREAS, Pitkin provzdes comprehensive Child We�fare and Adult Protection Services
Lo its citizens, and has the ab�lity, capacity and expertise necessary to provide the same Child
Welfare and Adu1t Protection Services in Eagle County (El 3ebet and Basait) in compliance with
the rules and reguiatior�s goveming these Child Welfaze and Adult Protection Programs.
W�-TEREAS,Pitkiu wishes to inmmediately adminisier and provide the Child Welfare
services, and within.six naonths o:F signang this.Agxeement,provide Adult Protectzon Services on
behalf of Eagle in the El Jebel an�d Basalt areas of Eagle County.
WHEREAS, both counties recognize that there are many benefits to sharing.resources
and develaping specialties in service delivery between the two counties to establish effzciencies
and cost savings.Eagle has successfvlly provided Public Assistance services ta Pitkin residents
since 2008.
W.KEREAS, the Parties have detezmined that it is in#he best intezests of both Pitkin and.
Eagle to enter into this Agreement.
NOW,THEREFORE, for and in considexation of the mutual proznises and agreeznents of
the pazties and other good and valuable consideration, the a�.equacy and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. Pitkin's Obligatiorzs and Authoritv. Pitkin agrees to provide and administer all Child
Welfare and Adult Pzotection Services on behalf of Eagle tc� citizens living in El Jebel and
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�asalt. in compliance with all applicable lavvs,rules and regulations, arxd within required
timelines as follaws:
A. Provide comprehe�sive Child Welfare�d Adult Protection Services, :ncluding,:
l. Receivir3.g azid screez�in�rezerrals. Evaluating refenals and making
determinations�o �cceptlnot accept referrals �or assessm.ent, an.d assi�ning
ti.zneframes (i.mmediate, 3 or 5 day) fi�r investigation.
2. Conductirlg in�estigatians incIuci�ng tin-�ely visits and intervieWS with aIl
involved parties {collaterai} as defined by federal and state statutes to ma.be
case determina.tEOns (voluntary servzces, open a case, etc.).
3. Securing Trails and Colorad.o Benefits Management System(CBMS)
security clearance for caseworkers, and ensuring systems' compliance.
4. �pening cases in Trails and CBMS, and praviding case management
services including mar�thly home viszts arzd conferring wzth parties to the
cases.
5. Ingutting all required data, ix�cluding Record of Coatact(RoC}notes,
payment authorizatiozzs, and treatmerit plar�s into tlze Trails and CBMS_
6. Creating and maintaining case f les with a.11 required papexwork and
documenta.tion.
7. Assigning a Pitkin staff liaison to be available to Eagle to consult on specific
cases or procedures.
8. Providing on-gaing supervision and c;ase consultation to caseworkers.by a
state-certified supervisor.
9. Holdin.g bi-month,l�Cki�d Protection Team(CPT) meetings and c�uarterly �
.APS commur�ity meetizfgs, and participat'vng in Collaborative Management
meetings as requested.
10. Managing and implern�nting case and program audits conducted by CDHS,
Alpine Area Agency on Aging, county auditors, ete.
1 J._ Collaborating with and provid'zz�g training for referring entities;
12. Training staff in all areas xelated to Pitkin's obligations under this
Agz eerrzent_
Pitkin will have sole discretion to determine the means by which Chi�.d Welfare and Adult
Pzotection Services are administered.Pitk�n wilI also, in its sole discretion,deterxnirie
which staff p�rson(s) will provide the services. Once Pitkin's Adult and Family Sezvices
unit is fully staffed,Pitkirz will also assign a staff person to the Eagle EI JebeI office as
needed to contribute to the provision of the services Iisted in Paragraph I.A. Pitkin will alsa
provide apgointments in the Aspen o�ce ar in EI Jebel o�a case-by-case basis for Pitkin
or Eagle clients.
B. Provide approprrate adm�inistrative support necessary ta ensure prpper
provasion of the Chitd Welfare and Adult Protection Servzces, including business and office
support. Evezy effort wi11 be made to engage families and ac�uits ta promate and enstire
safety,permanency and wellbezng for each referral.
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C. �2etain fins.l responsibility ior any an.d alI child welfare and adult
pratecLion decisions appealed by clients:
D_ Retain fmal authority to determine best method of service on a case by case
basis, so long as statEZtory and regulatory obligations are fulfilIed and services are prcvided
in a professiona.I, competent, and timely manner.
2. Eagle's Obli�atio�s and A.uthoritv: Eagle will:
A. Tvlake refenals of aIi El JebeI and BasaIt Child.Welfare and Adult
Pratection Services to Pitkin.
B. Provide offzce space at the El Jebel Eagle County build�g for Pztkin
casevcrorkers to adrninister El Jebel ana Basalt Child Welfare and Adult Protection
Services, ir�clud'zng a computer and printer with connection to Trails, CBMS and o�her
state progxazn access, and access to a copier and fax rxiackina. �
C_ Mainta.in responsibility for Colorado Fiscal Management System
("CFM�")irzput ar for any state an.d federai reimbursements related to provision of these
services.
D. Develop, submit and aznend as needed all Chzld Welfare and Adult
Pxotection services plans to the Eagle Boazd of County Commissioners {BoCC} and
Colorado Department af Hurrr.tan Sezvices (CDHS}.
E. Provide access to an Eagle fleet vehicle in El Jebel for specific purposes of
Chi1d Welfaze and Adult Protection Services travet far Pittiin staff and transportation af
Eagle clzents.
F. Continue to admz�-,ister and,when appropziate, close all existiz�g court
related cases.
G. As set forth in Exhibzt A hereto,Eagle's contract Child Welfare and AduIt
Protective Attorney("Attomey") will be avai�abie to zendez Iega1 services and advice for
Pitkin Human Services zelated to gaining non-voluntary compliance for the following types
of EI JebelBasalt cases::
l. Chzld reiinquishment
� 2_ Dependency and neglect proceedings
3. ChzIdren in need of oversight proceedings
4. Delinquency and other juvenile and cIzild protection pzoceedings
5. Adult protection proceedings
6. Admiz�istxative hearings
7. Other Ie�al services as may be requested from Pitkin County Director of
Human Ser�zces.
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3. Fs�ancial Cam�ensation to Pitkin from Ea�1e: Eag1e will reimburse actual expenses
incurred by Pztkin in providirig Child Welfare and Adult Pratection Services to Eagle residents
(El Jebel and Basalt)puxsuant ta this Agreement, irzcIudina zunding ior a iuli-time, social
caseworker Ievel employee to provide services referenced in paragzaph I.A. of this A�reement.
The budget for Januar�T l, 2013 throu�Y: l�ecember 31, 2013 is included in the attached Exhibit
A, which is incoiparated herein by this refezence (See Tnble A-1}. The parties dc�not anticipate
that Pitkin's actual costs wiil exceed the budget set fozth in Exhzbit A. Tn the even.t Pitkin has
reason t�believe that its actual costs will exceed those identified in Exhibit A,Pitkin shall
prompt3y ca11 a meeting wit�z Eagl�to discuss an amendment to this AgreemLnt. Tatai
�ompensatzon to Pif.�in for th�term January 1, 2013 tl�rough Deeember 31, 2�13 shall not exeeed
one hundred fiftaen thousand si�hundred twenty eight doIlars ($115,b28) withoui a signed
amendment to this Agreeine��. Eagle wili�ay a pzorated share of the 2013 l�udget far services
rendered between September I, 2Q12 tl�x-ough December 31, 2072.
A.11 of Pitkirx's exgezzses s�all be calculated based on act�.al and documented personnel and non-
personnel costs incui�ed by Pitkin. Pitkin wi�l subznit an invoice by the Sth business day of each
month to Eagle for services provided dtixing the previaus month axtd attach the followang output
data: .
a. Number of Eagle(El Jebel and Basalt) referrals received, assessments conducted, number
of cases opened, anc�status of ongozng cases including court-involvement.
b. Report on status of ARD audits and any proposed remedies to com�ly with audit
findings.
c. Staff miles txaveled ixz non-Eagle County vehicles foz client appointments, supervision,
on job �raining, etc. '
d. Formal state sponsored training.completed during the quarter
e. Attorney billing including case number,hours, services pr�vided
Piticin agrees Co rnaintain back-up documentation in accordarzce with applicable State and FederaJ.
guidelines foz aIl billings. Tn addition, Eagle and Pitkin will meet as needed throughout ttie year
to discuss ways to re�medy any consistent chalienges or barriers to Eagle (EI Jebel and Basalt)
residents' access to Child Weifaz'e and Adu�t Protectiozt Services_
An annual estimated budget wiII be prepared by Pitkin in July of each yeaz and pzovided to Eagle
to form a basis for financial pzojections by bath counties,vvith the understanding that these
figures are subject to change along with changes in regulatory requirements or caseload.
4. Reportin�to and Reisnbursement from CDHS.Eagle shall be wholly responsible far
reporting expenses reimbursed to Prtkin under this Agreement to �e CD�IS for reimbursement to
EagIe. Eagle wiI} be responsible for meeting any and all fi.tzancial accounting guidelines and
requzrements for staie reimbursement.
�. Tezmiz�ation of Aereement. T'l�e Parties reserve the right to terminate this Agreement with
or without cause upon b0 days prior wri�ten notice provided�ixi accordance with paragraphl2
below. Should either.Party default izi �e nerforznance of its obligations under this Agt-eement,
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the other Part j may terminate this Agreement upon 60 clays pzioz wzitten notice provided irz
accardance with�aragraph 10 below.
. � 6. Independent Coz�tractor Status. The Parties to this Agreement intend that the relationship
between the�a is that of independent contractor.Pitkin, and any agen�, employee, or servant of
Pitkin shall not be deemed to be an employee, age�t, or servant of Eagle.
A. Pitkir�is not requized.to offer tYus service excIusively to Eagle under this Agreement.
Pitkin may choose to work for other individuals or entities during the term of this
Agreement,pravided that the basic sezvices and deiivezable products required �nder this
�igreement are submitted in the manner and on the scheduIe defined wrthin thzs
Agreement.
B. Pitkin wazrants that the performance of Pitkin's abligatzoas under this Agreement,
and aII work it produces, will eonform to all applicable industry standards of care, skill
and dzligen:ce.
C_Pitkir►.shall uot attempt to oversee or sup:,rvise the work ox actions af any Eagle
eznpIoyee, servarxt or agent in the course of completiug work urider this Agreemeni.
D. Piikiri and any agent, employee or Servaut of Pitkin is not entitied to anq Wozkman's
Compensation benefits through the(Eagle) County and is responsible foz payzment of any
federal, state FTCA and other incame taxes_
7. Nan-Assi�nable. This Agzeement is not assigiable by either�az-ty.
$. InteQrated Agzeement. This Agreeznent znay be changed or modified only in writing by�
an Agreement approved by the respective Soards of the Parties and signed by authorized officers
of each Party.Tk�is Agreement constituees the entire Agreement between the parties and all other
promises and agreements relating to the subject of this Agreement, whefiher oral or written, are
znerged herein.
9. Severability. Should arzy one or moze sections or provisions of this Agreement be .
jud'zciaily adjudged invalid or uneilforceable, such judgxnent shall not affect, impair, or invalzdate
the zemaining provisibns of this A.greement, the intention being that the various sections and
pzovzsions hereo�aze severa.ble. �
10. Notices. Any notice zequired or perznztted under this Agreement shaI1 be in writing and �
shall be hand-deIivered or sent hy registered or ceriified zegular maii,pastage pre-pazd to the
addresses of th.e parties as follows. Each party by notice sent pursuant to this pazagraph may
change the address to which fitture notices should be sent
�Totice to Pitk�n: Nan Sundeen
04Q5 Castle Creek Road, Suite 8
Aspen, CO 81611
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Wifh copy to: Pitkin C�u,�ty Attorney
530 E. Main St., Suzte 302
As�en, CO 8161 i �
Notice to Eagle: Rita Wooc�s
551 Broadway,P.O. Box 660
Eagie, CO 81631
. W�th a copy to: � Eagle County Attozney
500 Bro�dway, P.O. Box &50
Eagle, CO 81631
11. Jmmuni�v. The Parties agree and understand that both parties are relying on and do not
waive, by any provisions of this Agreexnent, the monetary Iimitations or terms or any other
rights, immunities, and protections provided by the �olarada Govemmenta� Immunity Act,
C.R.S. 2�-IO-I01, e�`seq., as from time ta time amended or otherwise available to the parties or
any of their offzcers, agents, or empIoyees.
12. Currently Budgeted Expenditures. The Parties ackrzowledge and agree that any paymen�s
provided foz hereuncler or requirements for fi�ture appropxiat�ons shall refer or�Fy to curz�nt�y
�udgeted expendztures of ihe Parties. The Parties' obligations under th.is Agreement are subJect
to each individual Party's anizuat right to b�zdget and appropriate the suEms necessary to provide
the services set forth herein. No pxovision of this Agreement shall be constsued or intezpreted as
czeating a multiple fzsca.l year direct or indirect debt or other�"u�nciat abiigation af either or bath
Parties within the meaning of a.ny cozzstitutionai or statutory debt 1'zmitation. T'�is Agzeerxzent
shall not be construed to pledge or create a lien on any class oz sou.rce of eithez Parties' bonds oz
any obligatzons payable from any class or source of eack�individual Party's znoney.
13. Bindin Effect. The rights and obligatzons of the Parties und.er this Agreement shaIl be
binding upon and sha11 inure to the bez�efit of the partzes and their respective successors and
assigns.
14_ Choice of Law and Venue..This Agreement shall be construed according to the Iaws of
the State of Colorado, and venue for any action sha1I be in the D'zstrict Courts of Pitkin or Eagle,
Colorado. Each Party to this Agzeexnez�t shall have standing to brzng ar� action to enforce the
terzns of this Agreement in District Court, including an aetion for speczfic perforrnance and
injunctive relzef.
15. Method for Resolvin�Disputes and Service. In the event of a dispute between the Parties
concemir�g performance o�either Party's obIigations under this Agreement, the dispute shaIl fzrst
be referred to each Party's respective Director of Human Services. In the event tl�at these
indivzduals are unable to reach agreement regarding the disgute, they slzall refer it to�e
res�ective Coun�y Managers of each Party. Should the Coun�y Managers fail to zesolve tkze
dispute,this Agreement may be terminated pursuant to pazagragh 5 of this Agzeement.
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respectiue C�u�zty?vlanagers of each Pa�-ty. Should the Cauntv�Managers fail ta resol�e the
dispute,th�s A�x'eement may b2 termi.na.ied pu'suant to par'a�aph 5 of this Agreemen#.
I S_ D�.�safiox�_ This Agreenaent shall remair�in.effecf for a period.of three(3)�ears a�d four
mnnths�SeptLmber 1,Zt?IZ-De�ember.�1,2(315)unl�s earlier tem�:inatedpursuant to t.�e
provisions of paxagrap��ofthis t�gree��nt.
Il�T`sJI`I�FSS�44'H$REDF,thz parties hezeto have caused this Agreemert ta be executec3
as af the day ar_d ye�first ahove w-ritten.
BOARD OF COUNTY COMMISSIO�TERS APPROV�D AS TO FOR1V1
0�PIT�N COUN�TY,CtaLORAI30
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By: � f� .
Mz ael N�. O,�sIe3T,Chasrman Iy,C � ttorney
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BOARD OF CQUNTY CQIVLMISSIONERS APPROVED AS TO FORM
O�EAGLE COUNTY,CQLORADO
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B� �!/,'���i . ',.�`J������ l��, ,� �...
Peter F.�ux�yan,Cfiai�man/' Bryan Tre�County Atkorrxey
A_TTEST: ! ' E,- � .
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,�.._�l:.�>-�("..� —�'�.;..y_r a_����� � � �
Teak J. Siz�.ontan, Cl�rk to the . ���
Eag1e Boaxd of County Corxxmissioners
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���I�`1�—���PE OF�����C��,P��'I�lY'� ���� ��k���E
5cope of�ervic�: Th.e work for the Agreement shall commence oi�September 1, 2Q12 and
shall terminaie on December 31, 2d15, unless atherwise terminated 'zn accordance with the terms
of this Agreement.
l�apment anai�ee Sc�aeddile: Pitkin shalll�e compensated for performance of assigned services
as follows:
1. Eagle agrees to pay to Pitkin t�xe actual costs incurred t.�provide services under this
Agreement from Sept 1, 2QI2 thxough December 31, 2013. Pitkin's costs ior this period are
projected to be$115,628 per year as shown in Table 1�below and are based on Eagle's 2012
caseload, inc7uding:
a_ Child VVelfare—5-7 referrals received per month (with 2-4 children per case), and an
average of two referrals per month opening for case mana�eznent services.The
on�oing Chi.Id WeIfare caseload ranges from 9-1�families (assessments and ongoing
cases). Appro�irrzately 80% Qf the Eagle(El Jebel and Basalt}child welfare cases
invoived monolirxgual Spanish speaking familzes.
b. Adnit Pzotection—2-4 referrals received per manth witIz an average of one referral
per manth opening for case mauagement services. T`he ongoutg Aault Pratection
caseload ranges from 2-4 open cases per rnonth and one ongoing care naanagement
case. �
Casts far subsequent program periods wi�l be,determined as provzded in paragraph 3 of tk�e
Agzeement. �
2. Irz addition to the costs described zn paragraph 1 of this Exhibit,Eagle agrees to pay the cost
of legal representation for Pzticin Adult and Family Department for non-voluntary
� compliance cases (as more fully ident�ed in the Agreement)through their contract with
attomey, Alison Casias.
3. For reimbursement, Pitkzz�.will submzt invoices quarterly to Eagle for costs incurred in
accozdance paragraphs 1 and 2 of this Exhibit. Eagle shaiI not be billed for and
zeimbuzsement shall not be zxiade for, tzme involved ir�activities outside of those defined this
Exhibit A and in paragraph l.A-G of the Agreement.
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T��,� �—2�12-�3 P1�Q��C�EI����1����
Pitkin County Child Welfaxe and Adult Proteciion Services
For Ea��e County (El Jebel and Basalt)
Jannary 1, 2013=December 31, 2013
�osic per
Qaa�nta�y �7�at Total
�taff
D'uect Services Staff-Case Worker 100% $97,445
Salary �Beneftts i.0 FTE 69,670
�1'ec�lth Insurarcce � 27,775
Stafi Su ervision 15% .l S,734
Salary &Benefits - S?,236
Xealth Insurance 17,65$
Clienf Rel�ted Tra�el- 11�:i1e e
Trans art and A aintments 3,480 0.56 .1,949
Aspen to El Jebel 2x per week
7Craanin� 500
Total Ope�-atin �xpenses $IIS 628
Tot�l Projected Expenses $IIS 628
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