HomeMy WebLinkAboutbocc.con.163.2011 CONTRACT # /G PC //
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO,
TO APPROVE THE 2012 EXTENSION AGREEMENT OF THE MEMORANDA OF
UNDERSTANDING FOR THE COLORADO WORKS PROGRAM AND THE COLORADO
CHILD CARE ASSISTANCE PROGRAM
RESOLUTION NO. 01* -2011
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 Memoranda of Understanding (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
Memoranda 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. As there are no proposed changes to the MOU from 2011 document, except for the
change in the fiscal years, the Colorado Department of Human Services is proceeding
with a 1 -page Extension Agreement that was reviewed and accepted by the Office of the
Attorney General, the Department's contract management director, and representatives of
Colorado Counties' Incorporated.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado:
To Approve the Extension Agreement of the Memoranda of Understanding for the Colorado
Works Program and the Colorado Child Care Assistance Program covering the period of July
1, 2011 through June 30, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin
County, Colorado: (fill in text)
INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON July 13, 2011
AND SET FOR PUBLIC HEARING ON THE 27th DAY OF July,
2011
NQTICE OF PUBLIC NEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE
// DAY OF J(/(��
/ ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON Jay 7 V.0//
PUBLISHED BY TITLE AND SHOD' SUMMARY, AF ADOPTION, IN THE ASPEN
TIMES WEEKLY ON THE 7 14, DAY OF 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
A_ r i By �.
Je'4nette Jones I Rachel E. Richards, Chairwoman
Deputy Clerk & Recorder
Date: ) 7 -- /al:/ , a 6 I '
APPROVED AS TO FORM: MANAGER APPROVAL:
hn , ounty Attorney Jon Peacock, County Manager
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(ATTACHMENT A)
MEMORANDUM OF UNDERSTANDING
The State of Colorado Department of Haman Services
and
The Board of County Commissioners of Pitkin County, Colorado
This Memorandum of Understanding (or "MOU ") is made this _23rd day of
June, 2010 , between the State of Colorado Department of Human Services
(the "Department ") and the Board of County Commissioners of Pitkin
County, Colorado (the "County").
WHEREAS, the Department is the sole sttlte agency having the responsibility to
administer or supervise the administration of the human services programs set forth in CRS 26 -1-
201; and
WHEREAS, 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 (the "Works Program ") and the
Colorado Child Care Assistance Program (the "Child Care Program "); and
WHEREAS, CRS 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
the Works Program and the Child Care Program; and
WHEREAS, nothing in this MOU shall create a legal entitlement in any person to
assistance provided pursuant to the Works Program or the child care assistance provided
pursuant to the Child Care Program; and
WHEREAS, the parties understand and agree that the services and assistance
contemplated in this MOU 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; and
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NOW, THEREFORE, it is agreed that:
1. MOU MEETS PERFORMANCE CONTRACT REQUIREMENT.
The parties hereto specifically agree that the provisions of this MOU in their entirety constitute
compliance with the provisions of CRS 26 -2 -715.
2. TERM.
The term of this MOU will be from July 1, 2010 to and including June 30, 2011.
3. DUTIES OF THE COUNTY.
Subject to the other (imitations set forth herein, including without limitation those contained in
subsections 4(b.5) and 4(d):
a) The County shall administer and implement the Works Program and the Child Care
Program using fair and objective criteria and in compliance with federal law; and
b) The County shall not reduce the basic assistance grant administered pursuant to CRS 26-
2 -704, except as otherwise provided by law; and
c) The County shall not restrict eligibility or the provisions of services, nor shall it impose
sanctions, in a manner inconsistent with Part 7 of Article 2 of Title 26, C.R.S., or the
State Plan submitted by the Department to the federal government pursuant to CRS 26-
2 -712; and
d) For the term of this MOU from July 1, 2010, to June 30, 2011, the County shall achieve
work participation rates equal to the federally required participation rate minus any
employment credit, caseload reduction credit, or other credit against such rate for a fiscal
year that may be subsequently adopted by the federal government, and the County will
also achieve a participation rate for two- parent families that is equal to the required
federal participation rate minus any employment credit, caseload reduction credit, or
other credit against such rate for a fiscal year that may be subsequently adopted by the
federal government. The percentages contained in this paragraph (d) represent the
maximum work participation rates to which the County may be held during the term of
this MOU. By agreeing to these rates, the Department acknowledges that, to the best of
its knowledge or ability to know at the time this MOU is executed, achievement of these
y
rates will allow the Department to meet any work participation rates imposed on the
Department by the federal government; and
e) The parties acknowledge 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
0 The County shall maintain the records, and shall permit the Department, its duly
designated agents and/or appropriate representatives of the federal government, to
inspect the records and shall make such records available 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 -716, 717, and shall report to the Department in the future as
required by law; and
g) The County agrees to provide the Department with written information 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 federal 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 required by CRS 26 -2 -716 (2.5). The County agrees
to provide 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 paragraph (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 approve, deny or require any County policies not otherwise required by
statute or rule. The County acknowledges the Department's right to review, comment
upon or request reasonable additional information or clarification of any such County
policies or records. Such requests shall be made in writing and directed to the County
department of social services director. The County asserts that it will consider such
comments in its implementation of these Programs without being obligated to
incorporate in its Programs any Department comments or suggestions.
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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 monitor the County's provision of basic assistance grants, and if
necessary, perform those duties set forth in CRS 26- 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 eligibility
and amount of benefits, to the extent allowed by law, the counties shall be held harmless
for erroneous decisions made by CBMS. Without limitation, this applies to erroneous
eligibility decisions, erroneous determinations of amount of benefits, erroneous
decisions resulting in overpayments and subsequent claims, and erroneous decisions
resulting in underpayments and subsequent supplemental payments or restorative
benefits. This hold harmless also applies to any legal or recovery actions resulting from
erroneous, inaccurate, or inadequate CBMS controlled noticing to Colorado Works
households. The State will hold counties harmless and not take recovery action against
a county 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 follow clear, reasonable, lawful instructions
with available training provided by CDHCP &F, and CDHS, or failure to follow program
rules formally adopted by the State Board of Human Services. This hold harmless does
apply to CBMS training and data entry rules 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 required
by CRS 26- 2- 712(7); and
d)(i) Actions subject to sanction or remediation. Subject to the other limitations set
forth herein, including those contained in subsection 4(b.5) of this section, the
Department may impose sanctions or develop a remediation plan as provided in this
MOU if the actions 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 complied with work requirements
due to an inability to obtain needed child 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 that 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 Program 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 MOU.
(D) In violation of state or federal law, reducing the basic assistance grant, restricting
eligibility or the provision of services, or imposing sanctions in a manner inconsistent
with state law or a state plan, which is in compliance with federal law.
(E) Failing to comply with any other provision of the Colorado Works Program if such
failure causes the Department to incur a federal fiscal sanction.
(ii) Limitations on Sanctions for Failure to Meet Work Participation Rate.
(A) If the Department is sanctioned by the federal government for failing to meet the
state work participation rate, the Department 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 upon a County if the County has met the federal work participation rate for the
federal fiscal year for which the State has been sanctioned. However, if the federal
government does not sanction the Department and the County fails to achieve the
negotiated work participation rate for the County, then the provisions for a remediation
plan contained in paragraph 4(d)(iv) apply. In any case in which the Department is
considering a sanction or remediation plan for the County due to the County's failure to
achieve its work participation rate, the Department shall first follow the procedures for
determining whether the County made a good faith effort to achieve its work
participation rate as outlined in paragraph (B) of this paragraph (ii).
(8) The Department shall not impose a sanction on the County for the County's failure to
meet its work participation rate if the Department determines that the County made a
reasonable and good faith effort towards meeting its work participation rate. In making
this determination, the Department, without limitation, shall consider documentation of
thc following: Implementation of a County defined and approved process for moving
clients through the welfare to work system using the full range of countable federal work
activities, implementation of a County procedure for encouraging participation at the
required number of hours, such as incentives for meeting individual responsibility
contract (IRC) hour commitments, an assessment and an IRC for all Works Program
participants, accurate and timely data entry in CBMS for all Works program participants,
including proper coding and work participation data tracking, any other documentation
which may demonstrate good faith effort, and County identification of problems in
performance and implementation of an action plan to improve performance. In
determining whether the County made a reasonable and good faith effort toward rneeting
its work participation rate, the Department shall also consider the operational capacity of
CBMS. The County shall be held harmless for any CBMS programming irregularities,
missing or incomplete functionality necessary to support work programs and work
participation documentation and/or implementation problems 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 or remediation plan for
this reason. The Department shall not sanction or develop a remediation plan for the
County's failure to meet its work participation rate unless the Department has found that
the County did not make a reasonable and good faith effort towards meeting its work
participation rate.
(iii) Sanction Procedures when Department has been Sanctioned. In any instance where
the Department determines that the County has failed in an obligation specified in paragraph
4(d)(I) of this MOU, causing the Department to incur a fiscal sanction and the Department is
considering a fiscal sanction against the County, the Department shall proceed as follows:
(A) The Department shall provide the County thirty (30) days written notice of the
proposed sanction before imposing any fiscal sanction. Such written notice shall include:
I) All of the reasons for the imposition of the sanction; 2) Documentation specifying
how the sanction was calculated, and documentation supporting the amount of the
sanction; 3) A specific indication of what constitutes a remedy or correction that will
allow the County to avert the sanction, if any remedy or correction is possible; and 4) An
acknowledgement that if the County remedies or corrects the sanctionable action as set
forth in the notice, a sanction will not be imposed by the Department. The corrective
action contained in the notice shall be specific to the action giving rise to 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 submit a plan to correct the alleged failure before the
Department imposes the sanction.
(B) If the County corrective action plan has not eliminated the performance problem, the
Department shall negotiate a County remediation corrective action plan (RCAP) with the
board of County commissioners for the County, The RCAP shall be designed not as a
punitive measure, but, instead, as an effort to further the mutual goal of the Department and
the County to achieve successful operation of MOU- related programs. The negotiated RCAF'
shall include a sufficient deployment of resources, which may include fiscal resources, over a
specified period of time agreed to between the Department and the County to meaningfully
attempt to correct the performance problem. 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 not be considered a `financial sanction" as
contemplated by CRS 26- 2- 716(4)(b). The amount of the resources committed shall be:
Mutually agreed upon, adequate to meaningfully attempt to correct the performance problem,
and shall not exceed the amount for a fiscal sanction calculated by the Department in
paragraph 4d(iii)(A). The RCAP shall be agreed to within thirty (30) days of failure of the
corrective action plan specified in paragraph 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(iiiXA).
(C) If the County fails to correct the action, and a sanction is imposed, the Department
may impose a sanction for the failure of the County in an amount no greater than the
fiscal sanction imposed by the federal government against the Department. Additionally,
the amount of said sanction cannot exceed the funds spent by the Department for a
sanction incurred because of the County's failure to meet its obligation. If the
Department has incurred a sanction due to the failure of more than one County to meet its
obligations, the County shall only be sanctioned for its share of the sanction incurred by
the Department.
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(D) The Department agrees to provide the County with all documents received from the
federal government related to any proposed or imposed federal sanction within twenty
(20) days of receipt by the Department, together with all Department documents related
to the actions giving rise to that federal sanction, or which relate to the sanction process.
(iv) Remediation Procedure. In any instance where the Department determines 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 Department is considering a corrective
action for the County, the Department shall proceed as follows:
(A) The Department shall provide thc County thirty (30) days written notice of the
proposed corrective action. Such written notice shall include: 1) All of the reasons for
the corrective action; 2) Documentation specifying how the com.a,tive action was
determined, and documentation supporting the justification of the corrective action; 3) A
specific indication of what constitutes a remedy or correction that will allow the County
to avert the corrective action, if any remedy or correction is possible; and 4) An
acknowledgment that if the County remedies or corrects the performance problem
identified in the notice, a corrective 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 to contest, explain, offer evidence of mitigating factors, and/or submit a plan to
correct the alleged 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 corrective action plan (RCAP) with the
board of county commissioners for the County. The RCAP shall be designed not as a
punitive measure, but, instead, as an effort to further the mutual goal of the Departrent and
the County to achieve successful operation of MOU- related programs. The negotiated RCAP
shall include a sufficient deployment of resources, which may include fiscal resources, over a
specified period of time agreed to between the Department and the County to meaningfully
attempt to correct the performance problem. 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 not be considered a "financial sanction" as
contemplated by CRS 26- 2- 716(4)(b). The amount of the resources committed shall be:
Mutually agreed upon, adequate to meaningfully attempt to correct the performance problem,
and shall not exceed the amount of resources identified in the corrective action notice
specified in paragraph 4d(iv) (A). The RCAP shall be agreed to within thirty (30) days of
failure of the corrective action plan specified in paragraph 4d(iv)(A). in the event the
Department and County cannot agree to a RCAP, the Department shall be authorized to
proceed with the corrective action for the County as identified in paragraph 4d(iv)(A).
(C) The Department agrees to provide the County with alI documents received from the
federal government related to any performance problem within twenty (20) days of'
receipt by the Department, together with all 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 Program and the Child Care Program if the County
deliberately or consistently fails to meet its obligations under this MOU or under federal
or state law pertinent to the Works Program or the Child Care Program. The Department
shall 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, or to correct the failure before the Department
assumes the duties; and
f) The Department shall allocate the amount of moneys that are provided to the County as
part of the County's block grant for the purpose of its administration and implementation
of 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 accordance 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 requirements of CRS 26 -2 -717.
5. DISCRETIONARY MATTERS REMAIN THE SAME.
The parties agree that all portions of Part 7 of Article 2 of Title 26, C.R.S., and Part 8 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 the execution of this MOU.
6. SEVERABILITY.
To the extent that this MOU may be executed and performance of the obligations of the parties
may be accomplished within the intent of the MOU, the terms of the MOU are severable, and
should any term or provision hereof be declared invalid or 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 upon subsequent breach.
7. INTEGRATION OF UNDERSTANDING.
This MOU is intended as the complete integration of the understanding between the parties
concerning the matters negotiated between them and incorporated in this MOU. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
whatsoever unless embodied in writing. No subsequent notation, renewal, addition, deletion, or
other amendment hereto shall have any force or effect unless embodied in a written amendment
executed 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 Colorado Constitution
and of state statutes and rules, including lawful rules promulgated by the State Board of Human
Services. The parties further recognize that this MOU is not intended to supersede or change the
relationship between the County and the State as established by any legal authority.
8. NO THIRD PARTY BENEFICIARY.
Except as herein provided otherwise, this MOU shall inure to the benefit of and be binding upon,
the parties and their respective successors and assigns. It is expressly understood and agreed that
the enforcement of the terms and conditions of this MOU, and all rights of action relating to such
enforcement, shall be strictly reserved unto the Department and the County, to the extent
permitted by law. Nothing contained in this MOU shall give or allow any claim or right of
action whatsoever by any other third person. It is the express intention of the Department and
the County that any such person or entity, other than the Department or the County, receiving
services or benefits under this MOU shall be deemed an incidental beneficiary only.
•
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9. DISPUTE RESOLUTION.
A. Disputes arising prior to the execution of the MOU
If the parties are unable to reach agreement concerning the inclusion of, or wording of,
provisions of the MOU, either party may refer the dispute to the State Board 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 dispute arising from any provision of this
executed MOU. If the parties are unable to resolve such dispute, any of the following options is
available:
1. Either party may ask the Governor to review a disputed issue. Such review must
be initiated by notice provided to the Governor and other party by certified 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 shall also
contain a copy of the executed MOU, an outline of the issue(s) involved and a summary
of the parties' respective positions. The Governor may establish a review process, and
shall provide a non - binding resolution based on the actions and equities of each situation.
The Governor has the discretion to decide whether or not to review the dispute or
whether to delegate the review of the dispute to a third party not directly involved with
the dispute. The Govemor need 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 parties may refer the matter to a dispute
resolution panel for non - binding mediation. The dispute resolution panel will consist of
three members: One selected by the County, one selected by the Department, and one
selected by the other two members of the panel. The parties shall provide the panel with
the information necessary to consider the dispute. Each party shall pay for its own costs
and attorney fees, and shall share equally in any fees paid to panel members. The panel's
decision shall be made by a majority vote of its members_
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3. By agreement of both parties, the parties may request that the State Board of
Human Services mediate a dispute arising following the execution of the MOU. If 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 7 4.
MENT OF HUMAN SERVICES
-.t A.
Executive Director
COUNTY OF pfTL%I A) COLORADO,
by Sit trough the BO OF COUNTY COMMISSIONERS
George Newman hairman
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i ' ,,..1/ i6 - County Clerk to the Board
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