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HomeMy WebLinkAboutbocc.con.229.2010 CONTRACT #191._ V-Q/D EMERGENCY RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, TO APPROVE THE 2011 MEMORANDUM OF UNDERSTANDING FOR THE COLORADO WORKS PROGRAM AND THE COLORADO CHILD CARE ASSISTANCE PROGRAM RESOLUTION NO. 080 -2010 RECITALS 1. The Colorado General Assembly enacted Senate Bill 97 -120 in response to the passage of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" and thereby adopted the Colorado Works Program and the Colorado Child Care Assistance Program. 2. Colorado Revised Statutes 26 -2 -715 requires the Department and the County to enter into an annual performance contract identifying the County's duties and responsibilities in implementing these two programs. 3. Nothing in this MOU shall create a legal entitlement in any person to assistance provided pursuant to the Colorado Works program or the child care assistance provided pursuant to the Colorado Child Care Assistance Program. 4. The parties understand and agree that the services and assistance contemplated in this Memorandum of Understanding are subject to available appropriations by the General Assembly and the County, and neither party shall be obligated to provide services or assistance if adequate appropriations have not been made. 5. Pitkin County Board of County Commissioners desires to continue the Colorado Works and Colorado Child Care Assistance Programs as funding allows recognizing the vital role they play in helping low income families work towards self sufficiency. 6. The MOU was not received in a timely manner to meet the due date of June 30` and it is in the best interest of our citizens that we expedite this MOU so we can be assured of continuing these programs without interruption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado: Approval of the Memorandum of Understanding for the Colorado Works Program and the Colorado Child Care Assistance Program covering the period July 1, 2010 through June 30, 2011. INTRODUCED, READ AND ADOPTED ON JUNE 23 2010 AND SET FOR CONFIRMATORY PUBLIC HEARING ON THE 14 DAY OF JULY, 2010. NOTICE OF CONFIRMATORY PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 4TH DAY OF JULY, 2010. CONFIRMED AT A PUBLIC HEARING ON JULY 14, 2010. . . . ,�.��..�.�, �.�, . ,. .. „� . .�.,.�...� , . PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 25TH DAY OF JULY . 2010. 0 � APPROVED AS TO FORM: �_ �` � -_..�. �; = 7 � _--::�- John El �i' orney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO MANAGER APPROVAL: ./��/ �.�,�- Hilary Fletc r, County Manager �� � � � (ATTACHMENT A) 0 MEMORANDUM OF UNDERSTANDING The State of Colorado Department of Human Services and The Board of County Commissioners of Pitkin County, Colorado This Memorandum af Understanding (or "MOU"} is made this 23rd day of �June, 2p 1 q , between the State of Colorado Department of I-luman Services {the "Departrnent") and the Board of Cour�ty Commissioners of Pitkin County, Colorado (the "County"). WHEREAS, the Department is ihe sole state agency having the responsibility to administer or su�ervise tt�e administration af the human services programs set fvrth in CRS 26-1- 201; and WHEREAS, the CoIorado Generaj Assembly enacted Senate Bill 97-120 in response to the passage of the federal "Personal Responsibi(ity and Work Opportunity Reconciliation Act of 1996" �nd thereby adopted the Colorado Works Pcogram (the "Works Progra��n") and the Colorado Child Care �1.ssistance Program (the "Child Care Program"); and WHEREAS, CRS 26-2-715 requires the Department and the County to enter into an annuaE perfarmance contract identifying the County's duties and responsibilities in implementiilg the Worfcs Pragram and the Child Care Program; and WHER.EAS, nothing in this MOU shall create a legal entitlement in any �erson to assistance provided purs�iant to the Works Program or the chitd care assist�nce provicieci pursuant to the Child Care Program; and WHER.FAS, the parties understand anci agree that the services and assistance cont�mplated in this MOU �re s1�bject to avaiiable appropriations by the Ge:ieral Assembly and tha County, and neither paRy shall be obi�gated to �rovide services or assjst�nce if adequ�te apprapciations have not been m�de; and 3 NOW, THEREFORE, it is agreed that: 1. MOU MEETS P�RFORMA,NCE CONTRACT REQUIREMENT. The parties hereto specificalty agree that the provisions of this MOU in their entirety constitute compliance with the provisions of CRS 26-2-715. 2. TERM. The terrn of this MOU will be from July l, 2010 to and inctuding June 30, 2fll 1. 3. DUTXES UF THE COUNTY. Subject to the other Iimitations set farth herein, including without iimitat'ron those contained in subsections 4(b.5) and 4(d): a) The County shall administer and implement the Works Prograrn and the Child Care Program using fair and objective criteria and in compliance with federal law; and b) The Gounty sha(1 not reduce the basic assistance grant administered pursuant to CRS 26- 2-709, except as otherwise prov.ided by law; and c) The County shall not restrict etigibility or the pravisions of services, nor shall it impose sanctions, in a manner inconsistent with �'a�t 7 of Article 2 of Title 26, C.R.S., ar the State plan submitted by the D�partment to the �ederal government pursuant to CRS 26- 2-712; and d) For the term oFthis MOU from Ju1y 1, 201a, to June 30, 241 t, the County shal] achiev� woxk participation rates equal to the federal{y required participation rate rninus any emptoyment credit, case[oAd reduction eredit, or other credit against such rate Eor a fisenl year that may be stibsequently adapted by the federal government, and the County will also achieve a participltion rate fQr twa-parent families that is ec�ual to the �•equired �ederal participation rate minus any employment credit, caseload reduction credit, or ather eredit ag�ir►st sueh r�te f�r a fiscal year that may be subsequently adopteci by the federal government. '1`he percentages containecf in this paragraph (d) repc•esent the maxim�im work participation rates ta which the County may be held du►•ing the term of this MOU. By agreeing to these r�tes, the De�artmet�t acknawtedges that, to the bcst of its knoavledge or ability to know at the time this M(Jt1 is executed, achievement of tl�ese � rates will allow tlie Department to meet any wortc participation rates imposed on the Department by the federa! government; and - e) The parties acknowlec�ge that the work participation rate is, as of the signing of this MOU, the only performance goal identified pursuant to CRS 26-2-712 (4); and � The County shall maintain the records, and shall permit the Department, its d�ily designated agents and/or appropriate representatives af the �ederal government, to inspect the records and shall make such records availabte to the Department as specified in CRS 26-2-717. The County shall also continue to report to the Department as required by CRS 26-2�7i6, 717, and shall report to the Department in the future as reyuired by law; and g) The County agrees to provide the Department with written infarmation as specified herein. The County may, in its sole discretion, change the way in which it implements the Works and Child Care Programs in any manner consistent with state and federa[ law. The County agrees to provide the Department with updated written information, when or if changes to these Programs are made. The County agrees to provide the County policies adopted by the County as reyuired by CRS 26-2-'716 (2.5). The County agrees to providc the information and policies specified in this paragraph (g} to the Department within thirty (30) days of their adoption by the County, and agrees to submit amendments to its policies in accordance with this paragrap� (g); and h) The parties expressly agree and understand that information and policies provided by the County to the Department as set forth in paragraph (g} above are for informational purposes and are provided to assist the Department in discharging its responsibilities with respect to these Programs. Nothing in this MOU gives the Department the authority to a�prove, deny or require any County policies not otherwise required by statute or n�le. The County acknowledges the Department's right to review, comment upon or request reasona6le additional information or clarification oP any such County policies or records. Such requests shall be made in writing ancl directed to the County department of social services directar. The County assez that it will consider such comments in its im�lementation of these Programs without being obligafed to incorporate in its 1'rograms �ny Department comments or suggestions. � � - 4. DUTIES OF THE DEPARTMENT. a) The Department shall oversee the implementation of the Works Program statewide, and ' in connection therewith, shall develop, in consultation with the Counties, standardized forms that shall streamline the application process, delivery of services, and tracking of participants; and b) The Department will rnonitor the County's provision of basic assistance grants, and if necessary, perform those duties set forth in GRS 2b-2-712{5)(e}; and b.5) The Department shall oversee and is responsible for the development, implementation, maintenance, and enhancement of the Colorado Benefits Management System (CBMS) and its application relative to the Colorado Works Program. As CBMS is a system that utilizes decision tables run by a rules engine for determining eligibifity and amount of benefits, to the extent allo�ved by law, the counties shall be held harm(ess for erroneous decisions made by CBMS. Without limitation, this applies to erroneous eligibility decisions, erroneous determinations of amount of benefits, erroneous decisians resulting in overpayments and subsequent claims, and erroneous decisions resulting in underpayments and subsequent supplennental payments or restorative bene�ts. This hold harmless also applies to any legal or recovery actions resulting from erroneous, inaccurate, or inadequate CBMS controlled noticin� to Colorado Works househo(ds. The State will hold counties harmless and not take recovery action against a cottnty for any claim including a legal claim that is defined as a system caused error. This hold harmless does not apply to any errors, claims or otherwise caused by the entry of inaccurate data into the system, failure to foElow clear, reasonable, lawful instructions wit� available training provided by CDHCP&F, and CDHS, or failure to follow program rules forma�ly adopted by the St�te Bo�rd of Human Services. This hold harmless does apply to CBMS training And data entry rutes and/or any rules that are part of the CBMS rules engine. c) The Department shall develop and provide training for Works Program staff as rec�usred by CRS 2b-2-712(7); and d}(i) Actio�s subiect ta sanction or remediation. Subject to the other limitations set forth herein, inc�uding those contained in subsection 4{b.S) of tl�is section, the '�J Department may impose sanctions or develop a remediation plan as provided in this MOU if the actians of the County result in the County: (A) Failing to maintain the minimum cash assistance grant to a family in which the single caretaker of a child under six years of age has not compiied with work requirements due to an inability to obtain needed chiid care as determined by the County or in violation of federal law. (��) (B) Misusing federal or state Works Program or Child Care Program funds, including receipts or recoveries chat are not reported, where a federal or state law or regulation enacted before the use of the funds requires the funds to be spent in a different way. County Works Program and Child Care �'rogram funds that are misused will not qualify toward meeting the County maintenance of effort or County share requirements. (C) Failing to satisfy work participation rates as contained in this M4U. (L7) Tn vio(ation of s#ate or federal law, redueing the basic assistance grant, restricting eligibility ar the provision of services, or imposing sanctians in a rnanner inconsistent with state law or a state plan, which is in connptiance with federa! law. (E) Failing to compiy with any other provision of the Colorado Works Program if such failure causes the pepartment to incur a federal fiscal sanction. Limitations on Sanctions for Failure to Meet Work Participation Rate. (A) if the Department is sanetioned by the federal government for failing to meet the state work participatian rate, the Depar�me�►t may impose a sanction on the County as provided in paragraph 4(d)(iii) of this MOU, except that the Department may not impose a sanction e.�pon a County if the County has met the federa! work participation rate for the federal �scal year for which the State has beec� sanctioned. However, if the fedet•al government does noi sanction the Department and the County fails to achieve the negotiated work participation rate for the County, then the provisions for a remediation plan contlined in paragraph 4(d)(iv) apply. In any case in which the Department is considerin;; a sanction or remediation pian for the Coiinty due to the County's Failure to achieve its work paeticipation rate, the Department shall fii�st follow the praceduces for determining wi,ether the County made a good faith effort to achieve its work participatian rate as outfined in paragrlph (B) of this pa�•agraph {ii}, (B) The Department shall not impose a sanction on the Cvunty �or the County's failure to meet its work participation rate if the Department determines that the Co�.�nty made a reasonable and good faith effort tawards meeting its work participation rate. In rnaking this determination, the Department, without limitation, shall consider documentation of the following: Implementation of a County defined and approved process far moving clients throagh the welfare to work system using the full range of countable federal work activities, implementation of a County procedure fox encouraging partioipation at the reyuired number of hours, such as incentives for meeting individuat responsibility contract (IR.C) hour commitments, an assessment and an IRC for alt Works program participants, accurate and tirnely data entry in CBMS for all Works program participants, including proper coding and wark participation data tracking, any other documentation which may demonstrate gavd faith effort, and County identificatian of problems in perforrnance and implementation of an action plan to improve perforrnance. In determinir�g whether the County made a reasonable and good faith effort toward meeting its work partrcipation rate, the Department shall also consider the operational capacity of CBMS. The County shalt be held �armless for any CBMS programming irregularities, missing or incomplete functianality necessary to supporE work programs and vvork participation documentation and/or implementation probiems attributed to the Department that affects documentation for work participation. The Department shall investigate and make a determination as to whether the County has made such a reasonable and good faith effort prior to imposing any sanction ar remediation plan for this reason. The Department shall not sanction or develop a remediation plan for the C�unty's failure to meet its worlc participation rate unless the Department has found that the Caunty did not make a reasonable and good flith effort towards meeting its work participation rate. (iii) S�actian Procedures when Denartment h�ts been Sanctioned. 1n any instance where the Department determines that the County has �'ailed in an obligati�n specified in paragraph 4(d)(i) of this MOU, ct�using the Department to incur a Fscal sanction �nd the Department is consiclering a�scal sanction against the County, the Department si�all proceed as follows: {A} The Department shatl providc the County thirty (30} days written notice of the proposecf sanction befoi•e imposing any fiscaf sanctipn. Such written notice s13a11 inclucte; � / 1) All of the reasons for the imposition of the sanction; 2) Documentation specifying how the sanction was calculated, ancl doctiitnentation supporting the amount of the sanction; 3) A specific indication of what canstituEes a remedy or correction that will allow the County to avert the sanction, if any remedy or correction is possible; and 4) An acknowledgem�nt that if the County remedies or corrects the sanctionable action as set forth in the notice, a sanction will not be irnposed by the Depactment. The corrective action contained in the notice shall be specific to thc action giving rise ta the sanction, and shall not extend beyond such violation. Upon receiving such notice, the County shall have the opportunity within thirty (30) days to contest, explain, offer evidence of mitigating factors, and/or subnnit a plan to correct the alleged failure before the Department impvses the sanction. (B) If the County corrective action plan has not eliminated the perforrnance problem, the Department shaU negotiate a Caunty remediation corrective action plan (RCAP) with the board of County commissioners for the County. The RGAP shall be designed not as a punitive measure, but, instead, as an ef�'ort to further the mutual goa! of the Department and the County to achieve successful operation of MOU-related programs. The negotiated RCAP shall include a sufficient depioyment of resourccs, which may include fiscal resources, over a specified period of time agreed to between the Departrrient and the County to meaningfully attempt to correct the performance prob[er�. If the agreement includes deployment of fiscal resources, the County shall determine the source of such fiscal resources. Such fiscal resources expended by the County shall nat be considered a"financ�a! sanction" as contemplated by CRS 26-2-716(4)(b). The amount of the resources committed shall be: Mutually agreed upon, adeyuate to meaningfuliy attempt to correct the performance problem, and shall not exceed i�e arriount far a fiscal sanction caiculated by the Department in paragraph 4d(iii)(A). The RCAP shall be agreed to within thirty {3Q) days of failure of the corrective action plan specified in paragra�h 4d{iii){A). In the event the Department and County cannot agree to a RCAP, the Department shall be authorized to proceed with the sanction against the County as identified in paragraph 4d(iii)(A). (C } If the County fails to correct the action, and a sanetion is i►nposed, the Department may impase a sanction for the fAiiure of the County in an amount no greater than the fiscai sanction imposed by the federal government against the Department. Additionally, the amount of said sanctian cannot exceed the funds spent by the Department for a sanction incurred because of the County's Failure to meet its obligation. IP the Dep�i�trnent has incurred a sanction due to the failure of rnore than one County to meet its obligations, the Cotmty shali only be sanctioncd for its share of the sanction incurred by the De�zrtment. � (D) The Department agrees to provide the County with ail documents received from the federal government refated to any prvposed or imposed federal sanction within twenty (20) days of receipt by the Department, together with all Department documents related to the actions giving rise ta that federal sanction, or which relate to the sanction process. (iv) Reraediation Procedure. In any instance whece the Department deterrnines that the County has failed in an obligation specified in paragraph 4(d)(i) of this MOU, the Department has not incurred a fiscal sanction and the Departrnent is considering a corrective action for the County, the Department shall proceed as follows: (A) The Department shall provide the County thirty (30} days written notice af the proposed corrective action. Such written notice shall include: I) All of the reasons for the corrective action; 2) Documentation specifying how the corrective action was determined, and documentation supporting the justification of the corrective actian; 3} A specific indication of what constitutes a remedy or carrection that will allow the County to ave�t the corrective action, if any remedy or correction is possible; and 4) An acknowtedgment that if the County remedies or corrects the performance problem identi�ed in the notice, a cor.reetive action will not be imposed by the Department. The corrective action contained in the notice shall be specific to the performance problem giving rise to the corrective action, and shall not extend beyond such performance problem. Upon receiving such notice, the County shall have the opportunity within thirty (30) days ta contest, explain, offer evidence of rnitigating factors, and/or submit a plan to correct the aileged failure before the Department imposes the corrective action. (B) If the County corrective action plan has not eliminated the performance problem, the Department shall negotiate a County remediation correetive action plan (RCAP) with the board of county commissioners for the Cotmty. The RCAP shall be designed not as a punitive measure, but, instead, as an effoc�t to further the mutuai gaal �f the Departmerit and the County to ack�ieve successful operation of MOU-relateci programs. The negatiated RCAP shali include a sufficient deployment of resources, which tnay include ftscal resources, over a specified period of time agreed to between the Department and the County to tneaningfully attempt to correct the performance problem. tfthe agreement includes deployment of fiscal resotrrces, the County shall determine the soti�rce of such fiscal resources. Such fiscal resources expended by the County sha11 not be considered a"�nancial sanction" as contemplated by CRS 26-2-716{4)(b). Tl�e amount of the reso�irces committed shall be: Mutually agreed upon, adequate to meaningfiilly �ttempt to correct the performance pro6lem, and shal! not �xceed the amount of resources idenliCed in the corrective action i;otice specified in p�ragraph 4d(iv) {A). 1'h� RCAP shall be agreed to within thirty (3fl) days of failure aFthe corrective action plan speciCed in paragra}��14ci(iv)(A). En the event the /O Department and County cannot agree to a RCAP, the Department shall be authorized to proceed with the co�rective action for the County as identified in paragraph 4d{iv)(A). (C) The Departrr�ent agrees to provide the County with all dacuments received from the federal govemment related to any performance problem within twenty (20) days of receipt by the Department, together with aIl Department documents related to the actions giving rise to the performance problem, or which relate to the remediation process. e) The Department (or its duly designated agent) may assume the County's administration and implementation of the Works I'rogram and the Child Care Program if the County deliberately or consistently fails to meet its obligations under this MQU or under federal or state law pertine�nt to the Warks Program or the Child Care Program. The Department shaIl provide the County thirty (30) days written notice before assuming these duties. Upon receiving such notice, the County shall have the opportunity to contest, explain, offer evidence of mitigating factors, ar to correct the failure before the Department assumes the duties; and � The Department shall allocate the amount of moneys that are provided to the Caunty as part oF the Cour�ty's block grant for the purpose of its administration and implementation o� the Works Program pursuant to the formulas described in CRS 26-2-714. Payment of all money so allocated shall be made to the County in accardance with CRS 26-1- 122(3)(b}; and g) The Department will, in consultation and in conjunction with the County, develop or modify automated systems to meet the reporting require�nents of CRS 26-2-717. 5. DISCRETIONARY MATTERS REMAIN THE SAM�. The parties agree that all portions of Part 7 of Article 2 of Title 26, C.R.S., and Part $ of Article 2 of Title 26, C.R.S, that grant discretion to either party regarding the administration of the Works or Child Care Programs in the County shall not be affected by tf�e execution of this MOU. l� 6. SEYERABILITY. To the extent that this MOU may be executed and performance of the obligations of the parties may be accomptished within the intent of the M4U, the terms of the MOU are severabte, and should any term or provision hereof be decIared invalid ar become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of term hereof shall not be construed as a waiver of any other term, or of the same term apon subseguent breach. 7, INTEGRATIUN OF UNDERSTA,NDING. This MOU is intended as the cornplete integration of the understanding between the parties concerning the matters negotiated between them and incorpQrated in this MOU. Na prior or contemparaneous addition, detetion, or other am�endment hereto shall have any force or effect whatsoever unless embodied in writing. No subsequent natation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written amendment exeeuted by the parties. The parties, however, recognize the nature of the relationship between the County and the State. This relationship is governed more broadly by pertinent provisions of the Calorado Constitutian and of state statutes �nd rules, including lawful rules promulgated by the State Board of Human Services. The parties furthar recognize that this MOU is not intended to supersede or change the relationship between the County and the State as established by any leg�l authority. 8. NU THIRD PARTY BFNEFICIARY. Except as herein provided otherwise, this MOU shatl inure to the 6enefit of �nd be binding tipon, the paz•ties and their respective successars and assigns. Tt is expressly understood and agreed that ihe errfarcement of the terms and conditions �f t�tis MOU, and ail rights of action reiating to sueh enfarcement, shall be strictly reserved unto the Department and the County, to the extent permitted by law. Nothing contained in this MOU shall give or 1i1ow any clAim oe right of actiun whatsoever by any other third person. It is the express intention of the Department and the Couztty that any such person or cntity, other than the Dep�rtment oc the County, receiving serviccs or benefits under this MOU shall be cleemed an ir�ciden#al bc�lc�ciary only. / � 0 9. DISPUTE RESOLUTION. � A. Disputes arising prior to the executian of the MOU If the parties are unable to reach agreement concerning the inctusion of, ar wording of, provisions of the MOU, either pacty may refer the dispute to the State 13oard of Human Services for resolution pursuant to the provisions of CRS 26-2-715{3). B. Disputes arising after the execution of the MOU The parties shall work in good faith to resolve a dispi�te arising from any provision of this executed MOU. If the parties are unable to resolve such dispute, any of the following options is availabte: 1. Either party may ask the Covernor to review a disputed issue. Such review must be initiated by notice provided to the Govemor and other party by cer�ified mail, Such notice must indicate that the parties are deadlocked on the dispute, and further negotiations between the parties are not likely to be productive. Such notice si�alt also contain a copy of the executed M�U, an outline of the issue(s) invalved and a summary uf the parties' res�ective positions. The Governor may establish a review pracess, and shall provide a non-binding resolution based on the actians and equities of each situation. The Governar has the discretion to decide whether or not t� review the dispute ar whether to delegate the review of the dispute to a third party not directly involved with the dispute. The Governor nced not state a reason for refusing to review a dispute or for delegating it to a third party. 2. By agreement of both parties, the pacties may refer the matter to a dispute resolution panel for non-binding mediation. The dispute resulution paneE wil! consist of three membars: One selected by the County, one selected by the Department, and one selected by the other two members of the paneL The part�es shall provide the panel with the information necessary to consider the dispute. Each party shall �,ay for i�s own costs anci attarney fees, and shall share eqtially in any fees paid to panel members. 'i'he panel's decision sha11 be made by a majority vote of iis members. /3 0 3. By agreement af both parties, the parties may request that the State Board of • Human Services mediate a dispute arising following the execution of the MOU. ]f the State Board agrees to such non-binding mediation, the provisions of CRS 26-2-'715(3} concerning time limits and final effect of the State Board's decision shall not apply. None of these options shall be a jurisdictional prerequisite to legal action by either party. KAREN L. BEYE STATE OF COLORADO DEPA TMENT OF HUMAN SERVICES �� � . � ��'�..�c� ac�..,- Executive Director � COUNTY OF �� COLORADQ, by t rough the BO OF COtJNTY COMMISSIONERS � .;�e-�..�c,.� �°.��..� �---�. Geor�e Newman,.rChairman � 0 TE: /� � �S � Counry Clerk to the Board l� l