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HomeMy WebLinkAboutbocc.con.332.2016 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, AMENDING RESOLUTION NO. 090-2013 AMENDING THE 2014 INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE PROVISION OF PUBLIC ASSISTANCE SERVICES FOR 2016 RESOLUTION NO.03 4 -2016 CONTRACT#30-)-0/‘ (4a-6Ld ' 1. Since May, 2007, through 2 three year successive agreements and a 2014 agreement approved on a year-to-year basis, Eagle County has provided Pitkin County residents with Public Assistance services; with Pitkin County reimbursing Eagle County monthly for costs incurred beginning October 1, 2007; and 2. Both Counties believe they have efficiently provided Public Assistance services to their residents in the Roaring Fork Valley by working together and would like to amend the current 2014 year-to-year agreement to reflect a change in funding calculus for continuing the agreement for 2016; and 3. The Original Agreement contemplated that Eagle would perform its obligation and responsibilities with compensation based on actual operating expenses incurred and actual personnel expenses calculated monthly on a percentage of total public assistance program personnel based on Pitkin's proportionate share of the combined Eagle and Pitkin public assistance caseload excluding LEAP; and 4. Eagle is performing a higher volume of work for Pitkin due to growth in the agreed upon workload such that the parties desire to modify the amount of compensation due Eagle and the manner in which Pitkin is charged, all as set forth herein; and 5. The Board of County Commissioners has determined that it is in the best interests of the citizens of Pitkin County and Eagle County to continue this Intergovernmental Agreement and desires to amend and extend the term of the Original Agreement which currently expires on the 31'day of December, 2015, for an additional year. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: the Board approves the attached First Amendment of the Intergovernmental Agreement with Eagle County which outlines the requirements and conditions for the provision of Public Assistance services to Pitkin County residents by Eagle County Health and Human Services. INTRODU D FIRST READ, AND SET FOR PUBLIC HEARING ON THE A, DAY OF C ,Jaa.v 2015. NOTICE O PUBLIC C�ARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE_ L,g�AY OF 1(..1-6 r, 2015. 1 ad PUB IC HEARING AND SECOND READING ON THE /8 DAY • OF __ ,2016. PUBLISHEDjA FTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE P/ OF 44, G!� 2016. ATTEST: BOARD OF COUNTY COMMISSI. • _' I //1.1r/" B ' t��-'l BY / /_,:/ � ,i/ �Po y� Jea e e Jones Rachel . Richards, Chair Dep ty County Cler : Recorder Date: O i iaz laz APPROVED AS TO FORM: MANAGER APPROVAL J•• y, Co A -orney on 5,eacoc•County Manager • 2 CONTRACT ATTACHMENT B FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF PUBLIC ASSISTANCE SERVICES BETWEEN PITKIN COUNTY, COLORADO AND EAGLE COUNTY, COLORADO THIS FIRST AMENDMENT("First Amendment") is effective as of the -2/v.) day of i, , 20 /6, by and between Pitkin County, Colorado (hereinafter"Pitkin") and Eagle County, Colorado, a body corporate and politic (hereinafter"Eagle"). RECITALS WHEREAS,Eagle and Pitkin entered into an agreement dated the 17th day of December, 2013, to allocate obligations and responsibilities concerning the administration of public assistance programs for citizens in Pitkin County(the "Original Agreement"); and WHEREAS,the Original Agreement contemplated that Eagle would perform its obligation and responsibilities with compensation based on actual operating expenses incurred and actual personnel expenses calculated monthly on a percentage of total public assistance program personnel based on Pitkin's proportionate share of the combined Eagle and Pitkin public assistance caseload excluding LEAP; and WHEREAS, Eagle is performing a higher volume of work for Pitkin due to growth in the agreed upon workload such that the parties desire to modify the amount of compensation due Eagle and the manner in which Pitkin is charged, all as set forth herein; and WHEREAS,the parties also desire to extend the term of the Original Agreement which currently expires on the 31st day of December, 2015, for an additional year. FIRST AMENDMENT NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below,the parties agree as follows: 1. Paragraph 3 of the Original Agreement shall be deleted and replaced with the following: "3. Financial Compensation from Eagle to Pitkin: Pitkin will reimburse Eagle for Public Assistance Programs provided for Pitkin residents by paying a flat monthly fee based on projected annual operating and personnel expenses. The projected annual operating and personnel expenses will be calculated on Pitkin's proportionate share by program funding area of the combined Eagle and Pitkin public assistance caseload excluding LEAP. This proportionate share will be calculated annually in July using the prior State Fiscal Year (SFY)program data. For SFY2015, Pitkin's average monthly caseload for SFY2015 was 1,065 active cases and for Eagle County was 4,141. Pitkin's share of the caseload by program funding area and overall is: APPROVED AS 0 FORM By:_ ! _ Ent:. ,'i +Ittd-ney's Office By:.--- 'Eagle ..._.—.Eagie County Commissioners' Office. PITKIN EAGLE TOTAL Avg monthly caseload thru 6/30/15 #.. % # % # Adult Financial 23 29.1% 56 70.9% 79 100.0% Child Care Assistance 10 10.8% 83 89.2% 93 100.0% Colorado Works 4 12.1% 29 87.9% 33 100.0% /° 804 100.0% Food Assistance 149 18.5% 655 81.5% ° Medical Assistance 879 20.9% 3318 79.1% 4197 100.0% TOTAL AVG MONTHLY CASELOAD 1065 20.5% 4141 79.5% 5206 100M% Eagle shall send invoices to Pitkin by the 5th of each month for 1112th of the projected annual operating and personnel expenses. The projected annual operating and personnel expenses for 2016 is $327,749. Pitkin shall pay each invoice within thirty (30) days of its receipt of invoices. In the event the term of Original Agreement is extended beyond 2016, then annual projected expenses 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. These annual projections shall be calculated based on actual and documented personnel and non-personnel costs incurred by Eagle. Notwithstanding the foregoing, the projection for 2016 is $327,749 and payments based upon this amount shall not be modified during 2016 by either party. Eagle will provide Pitkin with the following output data on a monthly basis: a: Number of new Pitkin intakes during the month b. Number of redeterminations due,received and processed during the month c. Caseload totals d. Report of recent audits and findings Eagle agrees to maintainback-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." 2. The term of the Original Agreement,is hereby extended to the 31st day of December, 2016. 3. . Capitalized terms in this First Amendment will have the same meaning,as in the Original Agreement. To the extent that the terms and provisions of the First Amendment conflict with, modify or supplement portions of the Original Agreement,the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of the parties. 4. Except as expressly altered, modified and changed in this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect, and are hereby ratified and confirmed in all respects as of the date hereof. 2 Eagle County Amend Term Scope Comp Final 5/14 5. This First Amendment shall be binding on the parties hereto,their heirs, executors, successors, and assigns. IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS rin Lk U� c � i �E%y: ev.• . • - _ - hair v . . JCarne, I` e ueem '�-401. ATTEST: te By: hi .�`.� o? Teak J. Simonton,Clerk to the Board COUNTY OF PITKIN, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS J By: � �- Rach E.Richards, Chair 6021,9-6((p AT , BY: a�'J� .% _ i Jea Jones,Deput lerk&Recorder APPROVED AS TO FORM: MANAGER APPROVAL: John Ely . •ttome on Pe ock, ounty Manager 3 Eagle County Amend Term Scope Comp Final 5/14 3 ATTACHMENT C ? • • 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 U.41414,12aOr , 2013 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"). }, 4 %.• RECITALS i. This Agreement is entered into pursuant to, Inter alia, C.R.S. §§29-1-201, et seq.,and Article:UV,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+) B. Colorado Works-Temporary Assistance to Needy-Families-TANF) C, Aid to the Needy Disabled/Aid to the Blind , D. Low-Income Energy Assistance Program(LEAP) . E. Child Care Assistance Program(CCAP) P.Food Assistance - G.Old Age Pension H. Medicare Savings Programs I. Emergency Assistance(Emergency Assistance Fund and Emergency Food and Shelter Program) 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 average monthly Public Assistance caseload for State Fiscal Year 2013 was approximately 400 active cases per month with an average of 45 new applications and 25 re-determinations due per month. 5. In addition,approximately 70 Pitkin County residents apply for LEAP per i heating season(November through April). Eagle County currently contracts with, Goodwill of Southern and Western Colorado("Goodwill")tb process LEAP applications I I for Eagle County and Pitkin County residents. Pursuant to the terms of the contract with Goodwill,Eagle County remains responsible for adihinistralion of and compliance of the LEAP program and provides contract monitoring.Pitkin County shall be responsible for . the cost of processing any Pitkin County LEAP applications and Eagle County shall invoice Pitkin County for such actual costs. • 6. 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. 7. Eagle County has successfully provided Public Assistance Programs to Pitkin County residents for the past six years. 8. Both counties recognize that there are many benefits to sharing resources and developing specialities between our two counties to establish efficiencies and cost savings. 9. 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 foregoing recitals and 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. Eagle's Obligations and Authority. Eagle agrees that it will provide and administer all of the Public Assistance Programs on behalf of Pitkin in compliance 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 Assistance,Child Care Assistance,Medicaid and Child Health Plan Plus (CHP+), Medicare Savings,Low Income Energy Assistance,Pitkin County Emergency Assistance,Emergency Food and Shelter Program(EFSP),and 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 _ E which it will implement and provide the Public Assistance Programs to residents of Pitkin County. Staffing will reflect an annual agreement regarding current caseload and demand for service: { 2 • C. Provide supervision to Eagle County employees working in Pitkin County offices. D. Provide appropriate administrative support and program management necessary to.ensure proper provision of the Public Assistance 1 Programs 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: • manage system security administration for public assistance caseworkers; • obtaining,and displaying current application materials; • collaborate and provide relevant training with all referring entities; • Colorado Benefits Management System(CBMS)compliance; • Childcare Automated Tracking System(CHATS)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; • 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; • training staff in all areas related to Eagle's obligations under this Agreement; • analyze and recommend program specific changes as allowed within program regulations or as a result of changes in program regulations; • participate in Pitkin's Health and Human Services Management Team; and • Attend and present at Pitkin County Board of County Commissioner or Board of Social Services meetings. E. Ensure that the Aspen and El Jebel offices have all wall displays and current application forms. 2. Pitkin's Obligations and Authority: Pitkin will compensate Eagle as provided in j Paragraph 3,below,and will cooperate with Eagle to facilitate the provision of Public Assistance Services to its citizens. Pitkin.wilt: - 3 - i i � • i 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 ServicesE building in Aspen for client interviews equipped with a computer,printer . hookup,and access to a copier,scanner and fax machine to allow CBMS and other state program computer access. ! 1 C. Notify Eagle County of any concerns regarding Eagle County employees working in Pitkin County offices. . D. Issue and manage Electronic Benefit Transfer(EBT)cards,including security and system access. • E. Pitkin will provideadministrative support in the Aspen office for Public Assistance clients. Responsibilities will include but not be limited to: phone inquiries,setting up appointments with Eagle technician,receiving verifications,providing general program information,assisting customers in accessing necessary forms and notices,and interfacing with Eagle staff to meet customer needs. F.Retain final responsibility for any and all eligibility decisions appealed by clients. •G. Fund all client payments. H. Develop,submit and amend as statutorily or programmatically required by Public Assistance Program plans and policies,including,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). . I. Provide program and financial management of Pitkin County Emergency Assistance Fund and Emergency Food and Shelter Program funding. J. Attend and present at Eagle County Board of County Commissioner or Board of Social Services,meetings as needed. • K. Pitkin shall retain ownership of all client records for Pitkin County residents and will be responsible for archiving and destruction of public assistance case records based on program requirements. 3, Financial Compensation to Eagle from Pitkin: Pitkin will reimburse Eagle for Public Assistance Programs provided for Pitkin residents based on actual operating expenses incurred(mileage and printing costs)and for Eagle County's actual personnel 4 1 I • • expenses which will be calculated monthly on a percentage of total public assistance program personnel expenses based on Pitkin's proportionate share of the combined Eagle and Pitkin public assistance caseload excluding LEAP This proportionate share will be calculated annually in July using the prior State.Fiscal Year(SPY)program data. For . SFY2013,the monthly average caseload,excluding LEAP,for Pitkin County was 399 and for Eagle County was 2319Pitkin's share of the combined caseload is 14.7%. . Pitkin shall pay for LEAP as set forth in paragraph 5 of the recitals. { 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.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. These annual projections shall be calculated based on actual and documented personnel and non-personnel costs incurred by Eagle. The estimated budget for 2014 is as follows: 2014 Projected Expenses for Pitkin County IGA Quantity Cost per Unit Total Personnel direct client services,staff supervision,quality assurance and program management WAGES-14.7%of 19.3 Pub Asst FTE 0.147 927,993 136,415 FRINGE-14.7% of 19.3 Pub Asst FTI~ . 0.147 405,492 ;59,607 (Pitkin SFY2013 average monthly caseload represents 14.7%of combined Eagle&Pitkin PA caseload) 196,022 Client Related Travel Aspen appointments(from Eagle) ' 955 Colorado Works case management appts 342 Child Care Assistance Program Travel 155 1,452 Other Travel Outreach Travel 287 NITS Section/Management Mlgs 413 Community Collaboration Mtgs(Pitkin POD) 867 1,567 Operating Expenses Printed Materials(appl&brochures) 325 Office Supplies 280 605 LEAP Contract 1 2050.45 2,050 2,050 Total Eagle Projected Expenses _ 201,697 201896.7 Based on cost Information available as of 10/31113 S I 1 Eagle will provide Pitkin with the following output data on a monthly basis: - 4 a, number of newPitksn intakes during the month I b. Number of redeterminations due,received and processed during the month b. caseload totals - c. report of recent audits and findings i Eagle agrees to maintain back-up documentation within the State and Federal guidelines I 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. Reportingto and Reimbursement from CDHS. Pitkin shall be wholly.responsiible 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 paragraph 10,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 te be an employee,agent,or servant of Pitkin.Pitkin,and any agent,employee,or servant o_f 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. . 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.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. 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.Pitkin shall not attempt to oversee or supervise the work or actions of • } I 6 1 { • • any Eagle 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 • i • Workman's Compensation benefits through Pitkin County and is responsible for payment of any federal,state FICA and other income taxes.Pitkin and any agent, employee or servant of Pitkin is not entitled to any Workman's Compensation benefits through 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 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 530 E.Main St.,Suite 302 Aspen,CO 81611 7 i - ^ � 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, el seq., whom lime 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 LawandVenue. 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 agreementregarding 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 and Amendments. This Agreement shall be 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 5. Any amendments or modifications shall be in writing and i signed by both parties. 17. Pitkin Approval. The foregoing Agreement is approved by the Board of Cpunty Co 'oners of Pitkin County, Colorado at its regular meeting held on the"/ day t I o J.41l444. v' ,2013. • I 8 i 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 ,2013. [Rest of Page Intentionally Left Blank] ' I • • • • • • • 9 • } i I In Witness whereof,the parties hereto have caused this agreement to be executed as of the day and year first above written. j • • BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF P TKIN COUNTY,FOLORADO i 7 By; `�. �' .ifd , f.'te.wV1/ •t^^ George Newman,Cha] Ian JohnE ' n orney BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM OF EAGLE COUNTY,COLORADO By • •t(02 : BY: - . Sara J.Fisher,Chairman e . at r ello, ssistant County Atto 4 Tr ATT ..uw r Teak 3.Simonton,C erk to the Eagle Board of County Commissioners • • ' I i I 10 i ' s •3 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIC1/1 COUNTY,COLORADO,AUTHORIZING PITKIN COUNTY TO ENTER - INTO AN INTERGOVERNMENTAL AGREEMENT WITH EAGLE COUNTY FOR THE PROVISION OF PUBLIC ASSISTANCE SERVICES FOR 2014• 0 I RESOLUTION NO. t' -2013 1.Since May,2007,through 2 three year successive agreements, Eagle County has provided Pitkin County residents Public Assistance services;with Pitkin.County reimbursing Eagle County for costs incurred beginning October 1,2007;and Both Counties believe they have efficiently provided Public Assistance services to their residents in the Roaring Fork Valley by working together and would like to renegotiate another agreement setting forth the respective responsibilities and obligations of each county regarding the provision of these services;and 3,The Board of County Commissioners has determined that it is in the best interests of the citizens of Pitkin County and Eagle County to continue this Intergovernmental Agreement and desires to accept the Intergovernmental Agreement pursuant to the terms, requirements and conditions contained in the Agreement;and 2. The Board of County Commissioners is authorized to enter into this Intergovernmental Agreement pursuant to the inter alta, C.R.S. §§ 29-1-201, et seq., and Article XIV, Section 18 of the Colorado Constitution. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that:the Board approves the attached Intergovernmental Agreement with Eagle County which outlines the requirements and conditions for the provision of Public Assistance services to Pitkin County residents by Eagle County Health and Human Services. . I _ E { I • -• • ., • • • • • - • INTRODWED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE • . DAY OF1 VIV.e/14 ,2-1,- 2013. • NOTICE OF PUBLIC HEARING OY TITLE AND SHORT SUMMARY OF THE • RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON //-14 , 2013. • NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION POSTEDON TtlE OFFICIA4,PITKIN COUNTYWEBSITE www.asp'enpitIcin.corg) .ON THE 04'' DAY OF 0 r 2013. • ad ADOPTED,AFTER FINAL READING AND PUBLIC HEARING ON THE A/ DAY OF 2013. PUBLISHED BY TITLE AND SHORT SgMMARY,AFfER ADOPTION,IN THE ASPEN TIMES WEEKLY ON THE /' DAY OF 0461-4,14/)0=e ,2013. POSTED BY TITLE AND SHORT SUMMARY ON THE OICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com)ON THE to!Ai DAY OF c:)..a.1-€41.41-e.y.s. 2013. . • _ • • • . -, • • • • • • • 2 • • • • • • I • • • TTE'T: BOARD OF COUNTY COMMISSIONERS OFPL KN COUNTY, s LORAD 0 By (,L) By . Jeans Jones George New an,Cha' man • Depn County Clerk • Date: -11-20/3 APPROVED AS TO FORM: • MANAGER APPROVAL: Jon P• oc ,County Manager 2 } ATTACHMENT D AGENDA ITEM SUMMARY • REGULAR SESSION DATE: December 16,2015 AGENDA ITEM TITLE: Resolution of the Board of County Commissioners of Pitkin County,Colorado,Amending Resolution No. 090-2013 Amending the 2014 Intergovernmental Agreement with Eagle County for the Provision of Public Assistance Services for 2016 STAFF RESPONSIBLE: Mitzi Ledingham • ISSUE STATEMENT: Pitkin and Eagle Counties are proposing to continue the current IGA with Eagle County for the provision of public assistance(economic)services in Pitkin County for 2016. A"First Amendment"to this agreement, last renewed in 2014,is required given the change proposed by both parties for a specific calculus for payment, (see Attachment B). Today the Board. of County Commissioners(BOCC)is asked to review the proposed amendment on first reading and set the issue for second reading and public hearing on January 13,2016. BACKGROUND: In 2007, Pitkin County entered into the first three(3)year IGA with Eagle County Economic Services in order for Eagle County to provide all economic services for Pitkin. These services include intake, eligibility determination,re-determination,ongoing case management and program compliance management for nine(9)programs,collectively known as"public assistance programs"(detailed on page one of the Original IGA-Attachment C). This agreement has proven to be very successful for both entities,allowing Eagle County to deepen their presence and staff capacity in the Roaring Fork Valley, and providing Pitkin County with administration of all economic services for Pitkin residents which is of great benefit to Pitkin as we are a small county by comparison to Eagle. An additional three(3)year agreement was signed for 2010 through 2013,.and also a new 1GA in 2014 with a one(1) year term renewable for successive one year(1)terms on the same terms and conditions as set forth in the Original Agreement upon agreement of the parties. Amendments or modifications are to be in writing and signed by both parties. • Both counties are in full agreement to continue the IGA for another year. However, given the fact that both parties desire to change the method by which payment is calculated and due to the increase in caseload with subsequent increased staff costs,the attached First Amendment document (Attachment B)was written to codify these changes. As costs will undoubtedly change year to year, a yearly amendment will be brought forward for approvals by both Eagle and Pitkin County BOCCs. The critical change is in funding formula-instead of calculating real program costs as they are • spread among_the_19.3.Public Assistance FTEs,Eagle is proposing sending monthly invoices to Pitkin for 1112th of the projected annual operating and personnel expenses each month. This change in invoicing methodology is meant to be more efficient,saving staff time in the billing process. • • • Annual projections shall be calculated based on actual and documented personnel and non-personnel costs incurred by Eagle. Annual projected expenses will be prepared by Eagle County in July of each year to form a basis for financial projections by both counties, inthe event the term of the Original Agreement is extended beyond 2016. The principal change is described below: 1. Financial Compensation from Eagle to Pitkin Paragraph 3 of the Original Agreement is proposed to be deleted and replaced with the following: "3.Financial Compensation from Eagle to Pitkin: Pitkin will reimburse Eagle for Public Assistance Programs provided for Pitkin residents by paying a flat monthly fee based on projected annual operating and personnel expenses. The projected annual operating and personnel expenses will be calculated on Pitkin's proportionate share by program funding area of the combined Eagle and Pitkin public assistance caseload excluding LEAP. This proportionate share will be calculated annually in July using the prior State Fiscal Year(SFY)program data. For SFY2015,Pitkin's average monthly caseload for SFY2015 was 1,065 active cases and for Eagle County was 4,141." In summary,our two counties have grown stronger together through the life of this IGA as we have worked together to maintain service levels and continuous quality improvement strategies throughout the challenges of the Recession,Medicaid expansion and the Affordable Care Act insurance changes. This beneficial partnership strengthens our regional capacity to provide high quality, seamless economic services throughout Pitkin and Western Eagle counties. LINK TO STRATEGIC PLAN: Livable and Supportive Community, Success Factor 3: Self- sufficient individuals and families. KEY DISCUSSION ITEMS: Review new First Amendment document in view of recommended new funding formula. BUDGETARY IMPACT: This amendment outlines the cost projection for economic services . in Pitkin County to be$327,749 for 2016. Payments based on this amount shall not be modified during the year by either party. RECOMMENDED BOCC ACTION: Approve the Resolution on first reading and set for second reading and public hearing on January 13,2016. ATTACHMENTS: A. Resolution of the Board of County Commissioners of Pitkin County, Colorado, • Amending Resolution No. 090-2013 Amending the 2014 Intergovernmental Agreement with Eagle County for the Provision of Public Assistance Services for 2016. B. First Amendment-to Intergovernmental Agreement for Provision of Public Assistance Services Between.Pitkin County,Colorado and Eagle County, Colorado C. Original Intergovernmental Agreement • • ATTACHMENT A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AMENDING RESOLUTION NO. 090-2013 AMENDING THE 2014 •INTERGOVERNiVIENTAL AGREEMENT WITH EAGLE COUNTY FOR THE PROVISION OF PUBLIC ASSISTANCE SERVICES FOR 2016 RESOLUTION NO. -2015 1. Since May,2007,through 2 three year successive agreements and a 2014 agreement approved on a year-to-year basis, Eagle County has provided Pitkin County residents with Public Assistance services;with Pitkin County reimbursing Eagle County monthly for costs incurred beginning October 1,2007; and 2. Both Counties believe they have efficiently provided Public Assistance services to their residents in the Roaring Fork Valley by working together and would like to amend the current 2014 year-to-year agreement to reflect a change in funding calculus for continuing the agreement for 2016;and 3. The Original Agreement contemplated that Eagle would perform its obligation and responsibilities with compensation based on actual operating expenses incurred and actual personnel expenses calculated monthly on a percentage of total public assistance program personnel based on Pitkin's proportionate share of the combined • Eagle and Pitkin public assistance caseload excluding LEAP; and 4. Eagle is performing a higher volume of work for Pitkin due to growth in the agreed upon workload such that the parties desire to modify the amount of compensation due Eagle and the manner in which Pitkin is charged, all as set forth herein;and 5. The Board of County Commissioners has determined that it is in the best interests of the citizens of Pitkin County and Eagle County to continue this Intergovernmental Agreement and desires to amend and extend the term of the Original Agreement which currently expires on the 31st day of December, 2015, for an additional year. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that: the Board approves the attached First Amendment of the Intergovernmental Agreement with Eagle County which outlines the requirements and conditions for the provision of Public Assistance services to Pitkin County residents by Eagle County Health and Human Services. INTRODUCED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE I DAY OF 2015. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE DAY OF ,2015. PUBLIC HEARING AND SECOND READING ON THE DAY • OF ,2015. . PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE . • OF ,2015. • .• • • ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones. , Steven F.Child, Chair. Deputy County Clerk&Recorder Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock,County Manager • • • 2 • • • • ATTACHMENT B FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF PUBLIC ASSISTANCE.SERVICES BETWEEN .•• PITKIN COUNTY, COLORADO • AND • EAGLE COUNTY, COLORADO • • THIS FIRST AMENDMENT("First Amendment")is effective as of the day of • ,20 by and between Pitkin County,Colorado(hereinafter"Pitkin")and Eagle • County, Colorado,a-body corporate and politic(hereinafter"Eagle"). . • RECITALS • WHEREAS,Eagle and Pitkin entered into an agreement dated the 17th day of December,2013, to allocate obligations and responsibilities concerning the administration of public assistance - programs for citizens in Pitkin County(the"Original Agreement");and • • WHEREAS,the Original Agreement contemplated that Eagle would perform its obligation and responsibilities with compensation based on actual operating expenses incurred and actual • personnel expenses calculated monthly on a percentage of total public assistance program personnel based on Pitkin's proportionate share of the combined Eagle and Pitkin public assistance caseload excluding LEAP;and • WHEREAS,Eagle is performing a higher volume of work for Pitkin•due to growth in the agreed - 'upon workload such that the parties desire to modify the amount of compensation due Eagle and the manner in which Pitkin is charged,all as set forth.herein;and WHEREAS,the parties also desire to extend the term of the Original Agreement which currently expires on the 31st day of December,2015, for an additional year. FIRST AMENDMENT • • NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as • set forth below,the parties agree as follows: • I. Paragraph 3 of the Original Agreement shall be deleted and replaced with the following: "3. Financial Compensation from Eaele to Pitkin: Pitkin will reimburse Eagle for Public Assistance Programs provided for Pitkin residents by paying a flat monthly fee based on • projected annual operating and personnel expenses. The projected annual operating and personnel expenses will be calculated on Pitkin's proportionate share by program funding • • area of the combined Eagle and Pitkin public assistance caseload excluding LEAP. This proportionate share will be calculated annually in July using the prior State Fiscal Year (SFY)program data. For SFY2015,Pitkin's average monthly caseload for SFY2015 was . 1,065 active cases and for Eagle County was 4,141. Pitkin's share of the caseload by • - program funding area and overall is: • • • PITKIN EAGLE TOTAL • Atg monthly caseload thru 6130115 # % # % # % • Adult Financial 23 29.1% :56 70.9% 79 100.0% .• • Child Care Assistance 10 10.8% . 83 89.2% • 93 100.0% - Colorado Works 4 '12.1% � 29 87.9% 33 100.0% • Food Assistance 149 '18.5% 655 •81.5% 804 .100.0% • • • '• Medical Assistance 879 20.9% 3318 79.1% 4197 100.0% •• TOTAL AVG MONTHLY CASELOAD 1065' 20.5% 4141 79.5% 5206 100.0% • • ' Eagle shall send invoices to Pitkin by the 5th of each month for 1/12th of the projected annual operating and personnel expenses. The projected annual operating and personnel expenses for 2016,is $327,749. Pitkin shall pay each invoice within thirty (30).days'of its receipt of • . invoices. In the event the term of Original Agreement is extended beyond 2016, then annual projected expenses 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. These annual projections shall be • - • calculated based on actual and documented personnel and non-personnel costs incurred by • Eagle. Notwithstanding the foregoing, `the projection for 2016 is $327,749 and payments • based upon this amount shall not be modified during 2016 by either party. Eagle will provide Pitkin with the following output data on a monthly basis: ' • • a. Number of new Pitkin intakes during the month . b. Number of redeterminations due,received and processed during the month c. Caseload totals • - . d. 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." ' '2. The term of the Original'Agreement is hereby,extended to the 31st day of December, 2016. 3. Capitalized terms in this First Amendment will have the same meaning as in the Original • Agreement.To the extent that the terms.and provisions of the First Amendment conflict with,modify or supplement portions of the Original Agreement,the terms and provisions contained in this First Amendment shall govern and control the rights and obligations of . the parties. 4. Except as expressly altered,modified and changed in this First Amendment,all terms and provisions of the Original Agreement shall remain.in full force and effect,and are hereby , ' - . ratified and confirmed in all respects as of the date hereof. • 2 Eagle County Amend Term Scope Comp Fina151l4 • • • 5. This First Amendment shall be binding on the parties hereto, their heirs,executors, • • successors,and assigns. • IN WITNESS WHEREOF,the parties hereto have executed this First Amendment to the Original • Agreement the day and year first above written. • COUNTY OF EAGLE, STATE OF COLORADO, - By and Through Its BOARD OF COUNTY. • COMMISSIONERS • • By: Kathy Chandler-Henry, Chair ATTEST: By: Teak J.Simonton,Clerk to the Board • • COUNTY OF PITKIN, STATE OF COLORADO, By and Through Its BOARD OF COUNTY - COMMISSIONERS By: • Steven F.Child, Chair ATTEST: By: Jeanette Jones,Deputy Clerk&Recorder APPROVED AS TO FORM: -MANAGER APPROVAL: • John Ely,County Attorney Jon Peacock,County Manager • 3 • Eagle County Amend Term Scope Comp Final 5/14 • ATTACHMENT C • - i • • INTERGOVERNMENTAL AGREEMENT • • For Provision of Public Assistance Services . Between Pitkin County,Colorado and Eagle County,Colorado - ! I - i 'IBIS INTERGOVERNMENTAL AGREEMENT(the"Agreement")is made this 1 day of tX,{ ,)f , 2013 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 alio, 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 ') B. Colorado Works-Temporary Assistance to Needy Families-TANF) C. Aid to the Needy Disabled/Aid to the Blind D. Low-Income Energy Assistance Program(LEAP) E. Child Care Assistance Program(CCAP) - F.Food Assistance G.Old Age Pension H. Medicare Savings Programs 1. Emergency Assistance(Emergency Assistance Fund and Emergency Food and Shelter Program) 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 average monthly Public Assistance . caseload for State Fiscal Year 2013 was approximately 400 active cases per month with an average of 45 new applications and 25 re-determinations due per month. • 5, In addition,approximately 70 Pitkin County residents/apply for LEAP per heating season(November through April). Eagle County currently contracts with Goodwill of Southern and Western Colorado("Goodwill")to process LEAP applications 1 I!1 1 • l � • . for Eagle County and Pitkin County residents. Pursuant to the terms of the contract with Goodwill,Eagle County remains responsible for administration of and compliance of the LEAP program and provides contract monitoring.Pitkin County shall be responsible for : the cost of processing any Pitkin County LEAP applications and Eagle County shall invoice Pitkin County for such actual costs. 6. 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. 7. Eagle County has successfiilly provided Public Assistance Programs to. Pitkin County residents for the past six years. S. Both counties recognize that there are many benefits to sharing resources and developing specialities between our two counties to establish efficiencies and cost savings. 9. 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 foregoing recitals and mutual promises and agreements of Jim, parties and other good and valuable consideration,the adequacy and 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 in compliance 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 Assistance,Child Care Assistance,Medicaid and Child Health Plan Plus (CHP+), Medicare Savings,Low-income Energy Assistance,Pitkin County i Emergency Assistance,Emergency Food and Shelter Program(EFSP),and 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 and provide the Public Assistance Programs to residents of Pitkin County. 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'.sxa)lxoMas53 aouelsrsse ollgnd xo3 u0115Zslulwpe,tlrxn3as walstis arum • • :oi pal toll lou sl lnq sapnloul lxoddns ssaulsnq pus°DT_j30 • f •sx011sw 0S0gl 103 ajgjsuodsax ujewoi pugs Uplud;sluatu0sxngtular lexapaj pus aim.o3 xo lndul( SIisI30„)waisiis luowagetrulAt Ieosrd opsxo[OD • xo3 ajglsuodsax oq lou jletis aj$sg •bualogins Jjas alowoxd leg)sa3Tnxas pus sutsxgoxd alerxdoxdd5 ij11M swoponigjla l0auuoa 0)aputu aq jllM}xo33a 1 -Sian lioddns ssaulsn pus olio gul n ouj''mar pus uads. u stue t2oxd g ' RPI IRfj� y 1 - aousisjssy otjgnd ag13o uojslnoxd xadoxd axnsua of dx5ssaoau luawa8euetu wexgoxd pus lxoddns anlls.nsluluxpe alerxdoxdds apinosd •'Q 'sao„jjo a)tmo3 . triva trt$u1[ioa=hid= ,Siunop al�5g of uo!S[Axadns sprnord 'D • f ) _ 1 i • • • I. • • • • 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,scanner and fax machine to allow CBMS and • other state program computer access. # 1 C. Notify Eagle County of any concerns regarding Eagle County employees . , working in Pitkin County offices. • D. Issue and manage Electronic Benefit Transfer(EBT)cards,including security and system access. E. Pitkin will provide administrative support in the Aspen office for Public Assistance clients. Responsibilities will include but not be limited to: phone inquiries,setting up appointments with Eagle technician,receiving verifications,providing general program information,assisting customers in accessing necessary forms and notices,and interfacing with Eagle staff to meet customer needs. F.Retain final responsibility for any•and all eligibility decisions appealed by clients.. G. Fund all client payments. A. Develop,submit and amend as statutorily or programmatically required by Public Assistance Program plans and policies,including,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). I. Provide program and financial management of Pitkin County Emergency Assistance Fund and Emergency Food and Shelter Program funding. J. Attend and present at Eagle County Board of County Commissioner or • Board of Social Services meetings as needed. K. Pitkin shall retain ownership of all client records for Pitkin County residents'and will be responsible for archiving and destruction of public assistance case records based on program requirements. 3. Financial Compensationto Eagle from Pitkin: Pitkin will reimburse Eagle for Public Assistance Programs provided for Pitkin residents based on actual operating expenses incurred(mileage and printing costs)and for Eagle County's actual personnel 4 • • • (,- • expenses which will be calculated monthly on a percentage of total public assistance program personnel expenses based on Pitkin's proportionate share of the combined Eagle • and Pitkin public assistance caseload excluding LEAP This proportionate share will be • i calculated annually in July using the prior State Fiscal Year(SF?)program data. For SFY2013,the monthly average caseload,excluding LEAP,for Pitkin County was 399 and for Eagle County was 2319Pitkin's share of the combined caseload is 147%. . Pitkin shall pay for LEAP as set forth in paragraph 5 of the recitals. . • 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.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. These annual projections shall be calculated based on actual and documented personnel and non-personnel costs incurred • by Eagle. The estimated budget for 2014 is as follows: - 2014 Projected Expenses for Pitkin CountYIGA Quantity Cost per Unit Total Personnel direct client serlces,staff supeNsion,quality assurance and program management WAGES-14.7%of 19.3 Pub Asst FTE 0.147 927,993 136,415 FRINGE-14.7% of 19.3 Pub Asst FTE 1 0.1471 405,4921 59,607 (Pit&SFY2013 average monthly caseload represents 14.7%of combined Eagle&Pitkin PA caseload) 196,022 Client Related Travel Aspen appointments(from Eagle) 955 Colorado Works case management apple 342 Child Care Assistance Program naval 155 1,452 Other Travel Outreach Travel 287 1-it-IS Section/Management Mtge 413 Community Collaboration Mtge(Pitkin POD) 867 1,667 Operating Expenses Printed Materials(appl&brochures) 325 Office Supplies 280 605 LEAP Contract 1 2050.46 2,050 2,050 Total Eagle Projected Expenses 201,697 201898.7 Based on cost Information available as of 10/31/13 S • • Eagle will provide Pitkin with the following output data on a monthly basis: a. number of new Pitkin intakes during the month b. Number of redeterminations due,received and processed 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 paragraph 10,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 bean 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. 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.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. 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.Pitkin shall not attempt to oversee or supervise the work or actions of 6 - j any Eagle 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.Pitkin and any agent, . employee or servant of Pitkin is not entitled to any Workman's Compensation benefits through 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. � E 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 530 E.Main St.,Suite 302 Aspen,CO 81611 - s • 3 7 • I . • 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, 'in munities, 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 Patties 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 Service& 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 and Amendments. This Agreement shall be 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 5. Any amendments or modifications shall be in writing and signed by both parties. 17. Pitkin Approval. The foregoing Agreement is approved by the Board of Cpunty C o_jrun 'oners of Pitkin County, Colorado at its regular meeting held on the��f'li, day of .r.4e4440Y ,2013. 8 l � - l 1 1 . i (• . . . . - 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 )2013. [Rest of Page Intentionally Left Blank] i . •1 1 , I . i . : . I i . _ 1 . 1 1 . . . , • . • • • . . . . . , . . . . 1 , 1 , I ' 1 1i . . .. . 9 . , , . . . i 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 P TKIN COUNTY,COLORADO By.: i,1 tr •_i;-, .1 ,,{,t,,/L't"--` George Newmatt,Chat an John E r n • orney I BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM E OF EAGLE COUNTY,COLORADO t By:___iBy: k Sara J.Fisher,Chairman DI9 e .Ma r ello, ssistant. • " County Atto y 4 , lefikj1 , rik ' ATT ..." .0, .{ C04DAH0Q 1F Teak J.Simonton,C erk to the Eagle Board of County Commissioners 15,-i' - 'DI uT+ . " � I • 10 • { • • t ' i • RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS - OF FITKIIl COUNTY,COLORADO,AUTHORIZING PITKIN COUNTY TO ENTER . INTO AN INTERGOVERNMENTAL AGREEMENT STH EAGLE COUNTY FOR THE PROVISION OF PUBLIC ASSISTANCE SERVICES FOR 2014 ' • RESOLUTION NO. dtM-2013 1.Since May,2007, rough 2 three year successive agreements, Eagle County has provided Pitkin County residents Public Assistance services;with Pitkin County • reimbursing Eagle County for costs incurred beginning October 1,2007;and 2,Both Counties believe they have efficiently provided Public Assistance services to their residents in the Roaring Fork Valley by working together and would like to renegotiate another agreement setting forth the respective responsibilities and obligations of each county regarding the.provision of these services;and 3.The Board of County Commissioners has determined that it is in the best interests of the citizens of Pitkin County and Eagle County to continue this Intergovernmental Agreement and desires to accept the Intergovernmental Agreement pursuant to the terms, requirements and conditions contained in the Agreement;and 2. The Board of County Commissioners is authorized to enter into this Intergovernmental Agreement pursuant to the inter glia, C.R.S. §§ 29-1-201,'et seq., and Article XIV, Section 18 of the Colorado Constitution, NOW,THEREFORE,BE IT RESOLVED by the Boe rdof ta attached Inty Commissioners of Pitkin County,Colorado that:the Board.approv tal Agreement with Eagle County which outlines the requirements and conditions for the provision of Public Assistance services to Pitkin County residents by Eagle County Health and Human Services. { 1 • • • • tika JNTROD CED,FIRST READ,AND SET FOR PUBLIC HEARING ON THE 9,0 •• DAY OFW -Y 2013. • s NOTICE OF PUBLIC HEARING BY TITLE AND SHORT SUMMARY OF THE RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON //' / 3 • 2013. �II NOTICE OF PUBLIC DARING AND THE FULL TEXT OF THE RESOLUTION POSTED ON T.IE OFFIC PITKIN COUNTY WEBSITE(www.aspenpitkin.cona) ON THE DAY OF G v-e.w$2 r 2013, ADOPTEPNAFTER FINAL READING AND PUBLIC HEARING ON. THE 4"f DAY OF 2c..ev { 2013, PUBLISHED BY TITLEAND SHORT S hMARY,AFfER ADOPTION,IN THE ASPEN TIMES WEEKLY ON THE " DAY OF 0.2: 0-44).€2,Y ,2013. POSTED BY TITLE AND SHORT SUMMARY ON THE OICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com)ON THE (, DAY OF Qase. 2013. •• • 2 1 ; . . • ) • • TTE T: BOARD OF COUNTY COMMISSIONERS • • • OF Piii COUNTY, •LORADO ! • ; . • f te.) iA By, / By _ A. . Jame Jones .George New an,Che man Depn County Clerk 1 ! • 1 ! Date: 11O(3 • APPROVED AS TO FORM: ..--',111111111111111w1-- • thon04001"1.7-ttorney MANAGER APPROVAL: Son P • oi c,County Manager ,1 • • 1 1 • • • • 2 . i • •