HomeMy WebLinkAboutbocc.res.093.2014RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
APPROVING THE SFY.2015, MEMORANDUM OF UNDERSTANDING BETWEEN
THE STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES AND THE
BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY FOR PROVISION
OF IV -E WAIVER ACTIVITIES
RESOLUTION NO. 2014
1. Counties are authorized to make the most efficient and effective use of their
governmental powers, responsibilities and monies by cooperating and contracting
with other governments. Colo. Const. art. XIV 18 (2)(a) and (2)(b): Colorado
Revised Statutes 29-1-201; and,
2. Pitkin County desires to continue partnering with Garfield and Eagle County to
participate in the IV -E Demonstration Project in order to provide Family
Engagement, Permanency Roundtables and Kinship support to vulnerable families
in Pitkin and Western Eagle Counties.
3. Pitkin County desires to enter into a SFY 2015 Memorandum of Understanding
with the Colorado Department of Human Services (CDHS) for participation,
funding and implementation of the Title IV -E Waiver Demonstration Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that they approve on first reading and set for second reading and
public hearing the SFY 2015 Memorandum of Understanding between the State of
Colorado Department of Human Services and the Board of County Commissioners of
Pitkin County for provision of IV -E Waiver activities.
INTRODU DCS FIRST READ, AND SET FOR PUBLIC HEARING ON THE
DAY OF (i S� 2014.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTIW PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE/
DAY OF C,US 2014.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL IT4� � COUNTY WEBSITE (www.aspenpitkin.com )
ON THE 9e/T�"DAY OF �I L } 2014.
ADOPTSP "AFTER FINAL READING AND PUBLIC HEARING ON THE /D
D 2014.
PUBLISHED BY TITLE AND SHORT)FMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE / DAY OF �v, 2014.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFJCIAL PITKIN
COUTY EB ITE ( www.aspenpitkin.com) ON THEDAY
OF 2014.
0
BOARD OF COUNTY COMMISSIONERS
By.
Robert A. Ittner, Jr., Chair
Date: % fU m
APPROVED AS TO FORM: MANAGER APPROVAL
John Ely ant orney Jon Peacoccl, County Manager
(ATTACHMENT 4)
MEMORANDUM OF UNDERSTANDING
The State of Colorado Department of Human Services
And
The Board of County Commissioners or other elected governing body of
_Pitkin County(ies), Colorado
This Memorandum of Understanding (or "MOU") is made this / day of
between the State of Colorado Department of Human Services (the
"CDH 9 ") and the Board of County Commissioners or other elected governing body of
Pitkin County(ies), Colorado (the "County").
CDHS is the sole state agency with the responsibility to administer or supervise the
administration of the human services programs listed in CRS 26-1-201.
The Colorado General Assembly enacted SB 13-231 in response to the CDHS being granted
waiver authority by the United States Department of Health and Human Services, Administration
for Children and Families, under Section 1130 of the Social Security Act, which authorizes states
to conduct demonstration projects which are determined to promote the objectives of parts B or
E of Title IV of the Social Security Act. A copy of the waiver terms and conditions are attached
to this MOU as Exhibit A.
CRS 26-5-105.4 requires CDHS and the County to enter into a Memorandum of Understanding
that explains the County's duties and responsibilities in implementing the Title IV -E Waiver
Demonstration Projects.
CDHS and the County understand and agree that the services outlined in this MOU are subject to
available appropriations by the General Assembly, and neither party will be obligated to provide
services or assistance if adequate appropriations have not been made.
The following terms are agreed to by CDHS and the County:
1. MOU MEETS PERFORMANCE AGREEMENT REQUIREMENT
The parties agree that the provisions of this MOU constitute compliance with CRS 26-5-105.4.
The term of this MOU will be from July 1, 2014 to and including June 30, 2015.
3. DEFINITIONS
The parties agree to provide the following minimum services to the identified populations as
denoted below (check all that apply):
® Family Engagement — Meetings will be provided to families with a newly opened
child welfare case during the demonstration period:
• At case opening — within 7 business days after the 601h day (69 days by including
weekends);
• Within 7 business days of initial placement;
• Every 90 days when in out -of -home care (DHS/DSS custody);
• Every 6 months in in-home (case open).
® Permanency Roundtables — Meeting will be held quarterly for youth with an opened
child welfare case who are:
® Over the age of 16 with a goal of Other Planned Permanent Living Arrangement;
and/or
® With a goal of Other Planned Permanent Living Arrangement who have been in
care for longer than one year; and/or
® Other: Any children who have been in care for longer than 12 months (one year).
® Kinship Supports — Support services and goods will be provided to kinship families
who are:
® Licensed kinship foster caregivers;
® Non -licensed kinship foster caregivers.
2
❑ Trauma Informed Screening, Assessment, and Treatment to the following target
population:
4. REQUIRED DUTIES OF THE COUNTY
a) During the term of the agreement, the County agrees to implement the intervention(s) in
accordance with the rules adopted by the State Board of Human Services, and as
described in Exhibit B, "County IV -E Waiver Demonstration Application," modified as
necessary in accordance with Section 6 of this Memorandum of Understanding.
b) The County will maintain sufficient records,•will submit reports, and will accurately
record Colorado Trails (Trails) and CFMS actions as may be required to document all
cost and case activities supporting the implementation of the Waiver, and will permit
CDHS, its evaluators, duly designated agents and/or representatives of the federal
government, to inspect the records and will make such records available to CDHS as
specified in CRS 26-1-122. If the County complies with current record keeping
requirements as outlined by current rules, such shall be considered to be "sufficient
records."
c) Counties shall report costs to provide an intervention service to an individual, as
authorized through this MOU. The cost shall include the type of intervention service
provided, the volume of such services provided, and costs of the intervention service,
where applicable. The costs include intervention funds, staff and vendor costs as
identified in Trails, County Financial Management System (CFMS) and/or 100% time
reporting by individuals performing a waiver activity. There is a presumption that a cost
is not a waiver cost unless affirmatively documented in CFMS, Trails, and/or a vendor's
time detail report for 100% time reporting.
d) The County agrees to participate in the evaluation of the Title IV -E Waiver
Demonstration Project, as described under Section 3 of Exhibit A, and as established
under CRS 26-5-105.4.
e) In accordance with CRS 26-5-105.4, the County agrees to the State retaining 50% of the
Child Welfare savings resulting from the IV -E Waiver activities. The remaining 50%
3
savings will be retained by the County for additional Child Welfare services, as defined
in CRS 26-5-101.3. Cost savings are determined as follows:
I) The difference between i) the amount of Title IV -E funds that were claimed for
foster care maintenance, case planning and administration and eligibility
determination in State Fiscal Year ("SFY") 2012-13, and ii) the amount of Title IV -E
funds that would have been claimed for foster care maintenance, case planning and
administration and eligibility determination in SFY 2014-15, had the State of
Colorado not been granted waiver authority by the United States Department of
Health and Human Services under Section 1130 of the Social Security Act.
2) For the ten counties with the largest caseload size, the methodology for distributing
cost savings between counties that have entered into a Title IV -E Waiver
Demonstration Project MOU shall be based on the reduction in the number of foster
care bed days between SFY 2012-13 and SFY 2014-15;
3) For all other counties that have entered into a Title IV -E Waiver Demonstration MOU
with CDHS, the methodology for distributing cost savings between counties that have
entered into a Title IV -E Waiver Demonstration Project MOU shall be based on the
reduction in the number of foster care bed days between either SFY 2011-12 or SFY
2012-13, and SFY 2014-15, as selected by the County.
4) "Cost savings" shall not include unspent Title IV -E Waiver Demonstration Project
funds provided to counties through the MOU for purposes of implementing Waiver
Interventions. Any such unspent funds remaining at the end of SFY 2014-15 shall
revert to the CDHS and shall be included in the total amount of available funds for
counties' SFY 2015-16 IV -E Waiver Demonstration interventions.
5) The County insures any county employee funded with Title IV -E Waiver Intervention
funds participates in 100% time reporting. County employees with 100% of time
devoted to Title IV -E Waiver intervention(s) may utilize the 6 Month Certification
form in lieu of 100% time reporting.
f) No later than June- 30, 2016, the County agrees to use 50% of the underspent county
Title IV -E Waiver funds for child welfare services that can include:
1) IV -E Waiver intervention services to eligible and non -eligible Title IV -E children
4
2) Conventional title IV -E program services that are maintained for those Title N -E
eligible children in out of home placement
3) Other child welfare services to eligible and non -eligible Title IV -E children and their
families
4) The County plan to expend either allocated Title IV -E Waiver funds, or underspent
county Title IV -E Waiver funds as outlined in Exhibit B.
5. DUTIES OF CDHS
a) CDHS will oversee the implementation of the Title IV -E Waiver Demonstration Project,
and will develop standardized forms and reporting processes for the tracking of
participants, in consultation with the Counties.
b) CDHS will monitor the County's provision of Title 1V -E Waiver intervention services as
outlined in the Exhibit B and Exhibit C. CDHS will pull any necessary records or data
for monitoring purposes from existing TRAILS and other current recording/data keeping
systems. CDHS will not request the County to compile records/data that CDHS may
compile or access through the use of TRAILS or other record/data keeping systems.
c) CDHS will exercise oversight of and responsibility for the development,
implementation, maintenance, and enhancement of Trails and its application relative to
Child Welfare Services.
d) For SFY 15/16 and subsequent years, CDHS agrees. to allocate to counties any Title IV -
E funds transmitted to the Title IV -E Waiver cash fund and appropriated by the general
assembly to either implement the Title IV -E Waiver Demonstration Project, or to fund
out of home placement and case planning for Title IV -E eligible children, in accordance
with CRS 26-5-105.4.
6. BUDGET
In the preparing of Exhibit B, "County [V -E Waiver Demonstration Application," the County
shall develop a detailed budget that identifies all direct costs associated with the implementation
of the Waiver interventions, as defined in Section 3 of this Memorandum, for which the County
has applied for IV -E Waiver Demonstration funds,
5
a) Based on the results of negotiations with CDHS, should the level of funding awarded
through the MOU differ from the funding requested through the Application, the County
shall prepare and submit a revised Budget and any other changes to service delivery that
will differ from the County's original Application submission. The revisions to the
Application, once accepted by CDHS, shall constitute the Exhibit B, and shall become
part of this MOU.
b) With the written approval of CDHS, the County may request a revision to its accepted
budget during the term of the agreement:
1) The County may transfer budgeted funds between interventions, provided that the
transferred amount does not exceed ten percent (10%) of the amount authorized
for any of the inventions impacted by the budget revision.
2) The County may transfer budgeted funds between expenditure line items within a
specific intervention, provided that the transferred amounts do not constitute a
significant modification to the services as described within the Application.
3) A written statement of impact to the services as described in the Application shall
be prepared by the County and accompany any requested budget revisions that
exceed the thresholds as identified in Sections 6.13.1 and 6.B.2 above, and may be
required by CDHS for any requested budget revision falling within the thresholds
identified in Sections 6.B.1 and 6.B.2 above.
SEVERABILITY
To the extent that this MOU is executed, and performance of the obligations of the parties may
be accomplished, the terms of the MOU are severable. Should any singular term in this MOU be
declared invalid or become inoperative for any reason, it will not invalidate the MOU itself, or
any of the terms included therein.
INTEGRATION OF UNDERSTANDING
The parties 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.
9. NO THIRD PARTY BENEFICIARY
This MOU is binding to CDHS and the County, as well as their respective successors and
assigns. It is agreed that the enforcement of the terms and conditions of this MOU are reserved
for CDHS and the County, to the extent permitted by law. Nothing contained in this MOU allows
a claim or right of action by a third party. Any third party receiving services or benefits under the
provisions of this MOU is deemed an incidental beneficiary.
10. DISPUTE RESOLUTION
Prior to the execution of this document, 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
Title IV -E Waiver Demonstration Project Oversight Committee. The Committee's decision will
be made by a majority vote of its members, and is non-binding.
If dissatisfied with the decision of the oversight committee, either party may seek review by the
Office Director of Children Youth and Families or designee. Nothing in these provisions limits a
party's ability to pursue other remedies available under the law.
11. TERMINATION
The parties acknowledge that withdrawal from this MOU will result in the termination of this
Agreement and termination of funding and services associated with this Agreement. The County
shall assure as little disruption as possible in the delivery of services provided to Recipients.
a) Withdrawal/Termination. Any party may withdraw from this Agreement at any time
by providing 30 days written notice to all other Parties.
b) For Loss of Funds. Any party may withdraw from this Agreement, in the event of loss
or reduction of resources from its funding sources and shall provide notice of
withdrawal, in writing within 30 days.
c) Lack of Compliance. CDHS may terminate the agreement if it is found the County is
not complying with the terms of this memorandum. In the event the memorandum is
terminated for failure to perform, interventions funds may be reduced at the discretion
of CDHS.
IN WITNESS WHEREOF, the Parties hereto, through their authorized representatives have
executed this Memorandum of Understanding effective for the dates written above.
All- 6
Director, Division of Child Welfare Date
COUNTY(ies) OF Pitkin _ COLORADO,
by and through the BOARD OF COUNTY COMMISSIONERS
Chairman. Robert A. Inner. Jr.
County Clerk to the Board