HomeMy WebLinkAboutC14-101 Department of Human Services MOU MEMORANDUM OF UNDERSTANDING
The State of Colorado Department of Human Services
and
County of Eagle, State of Colorado
This Memorandum of Understanding (or "MOU") is made effective as of the 1St day of July ,
2013, between the State of Colorado Department of Human Services (the "CDHS") and the
County of Eagle, State of Colorado, a body corporate and politic (the"County").
WHEREAS, CDHS is the sole state agency with the responsibility to administer or supervise the
administration of the human services programs listed in C.R.S. § 26-1-201.
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" thereby adopting the Colorado Works Program ("Works Program") and the Colorado
Child Care Assistance Program("Child Care Program").
WHEREAS, C.R.S. § 26-2-715 requires CDHS and the County to enter into an annual
performance contract that explains the County's duties and responsibilities in implementing the
Works Program and the Child Care Program.
WHEREAS, CDHS and the County understand and agree that the services and assistance
outlined in this MOU are subject to available appropriations by the General Assembly, and
the County, 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 CONTRACT REQUIREMENT
The parties agree that the provisions of this MOU constitute compliance with C.R.S.§ 26-2-715.
2. TERM
The term of this two-year MOU will be from July 1, 2013 through June 30, 2015.
3. REQUIRED DUTIES OF THE COUNTY
a) The County will administer and implement the Works Program and the Child Care
Program using fair and objective criteria, and in compliance with federal law.
b) The County will not reduce the basic assistance grant administered according to C.R.S. §
26-2-709, except as otherwise provided by law.
c) The County will not restrict eligibility or the provisions of services, nor will it impose
sanctions that are inconsistent with Part 7 of Article 2 of Title 26, C.R.S., or the State
Plan submitted by CDHS to the federal government.
d) For the term of this MOU, the County agrees to meet work participation rates equal to
the federally required participation rate less any employment credit, caseload reduction
credit, or other possible credit that might subsequently be adopted. 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. The County's agreement
to meet the federally required participation rate is relevant to CDHS's anticipation that
CDHS will, in turn, be able to meet any work participation rates imposed by the federal
government.
e) The parties acknowledge that the work participation rate is, as of the signing of this
MOU, the only federally-mandated performance goal identified. This performance goal
is in accordance with C.R.S. § 26-2-712 (4). The parties also acknowledge that, in an
effort to help individuals prepare for and enter the workforce, they may adopt alternate
measures as outlined under"OPTIONAL OUTCOME MEASURES"below.
f) The County will maintain sufficient records, and will permit CDHS, its duly designated
agents and/or representatives of the federal government, to inspect the records and will
II
make such records available to CDHS as specified in C.R.S. § 26-2-717. The County
must also continue to report to CDHS as currently required by C.R.S. § 26-2-716 and §
26-2-717 and shall report to CDHS in the future as required by law. In addition, counties
or county departments that are covered entities or contracting parties to a business
associate agreement pursuant to the Health Insurance Portability & Accountability Act
of 1996 ("HIPAA") must comply with HIPAA as may be required by law.
g) The County agrees to provide its adopted policies to CDHS, as required by C.R.S. § 26-
2-716 (2.5). The County may, at its discretion, change the way in which it implements
the Works and Child Care Programs in any manner that is still consistent with state and
federal law. The County agrees to provide CDHS with updated written information,
when or if, changes to these Programs are made. The County agrees to provide the
information and policies specified in paragraph (g) herein to CDHS within thirty (30)
days of their adoption.
h) The parties agree that information and policies provided by the County to CDHS as
described in paragraph (g) herein are for informational purposes, and are provided to
assist CDHS in meeting its responsibilities with respect to these Programs. Nothing in
this MOU gives CDHS the authority to approve, deny or require any County policies
beyond what is required by statute or rule. The County acknowledges CDHS's right
to review, comment upon or request reasonable additional information or clarification
of any County policies or records. Such requests will be made in writing and directed
to the County department of social services director. The County maintains that it will
consider such comments in its implementation of these Programs, but is not obligated to
incorporate them.
4. OPTIONAL OUTCOME MEASURES
a) The County may submit a proposal as an attachment to this MOU, either at the time of
execution or anytime throughout the duration of this MOU. The proposal is limited to
issues regarding the pursuit of programs, strategies, and associated evaluation plans that
focus on improving employment outcomes and contributing to the evidence base for
effective programs focusing on employment and/or credential attainment that lead to
employment. In addition, terms and conditions will require either interim targets for each
performance measure or a strategy for establishing baseline performance on a set of
performance measures and a framework for how interim goals will be set after the
baseline measures are established. The terms and conditions will establish consequences
for failing to meet interim performance targets, including but not limited to, the
implementation of an improvement plan and/or, termination of approved programs and
strategies due to the county's or region's continued failure to meet performance targets.
b) Upon approval of the proposal by CDHS, the Countywill be subject to the performance
measures, interim goals, and other conditions set forth in the MOU addendum and not the
work participation rates outlined in Paragraph 3(d) above.
5. DUTIES OF CDHS
a) In consultation with the counties, CDHS will oversee the implementation of the Works
Program statewide, and will develop standardized forms that streamline the application
process, delivery of services, and track participants.
b) CDHS will monitor the County's provision of basic assistance grants, and if necessary,
perform the duties outlined C.R.S. § 26-2-712(5)(e).
c) CDHS exercises oversight of and responsibility for the development, implementation,
maintenance, and enhancement of the Colorado Benefits Management System
("CBMS") and its application relative to the Colorado Works Program. Because
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 County 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. The County will also not be accountable for any legal or recovery
actions resulting from erroneous, inaccurate, or inadequate CBMS controlled notices to
Colorado Works households. The State will hold the County harmless, and will not take
recovery action against the County for any claim, including a legal claim that is defined
as a CBMS system caused error. This hold harmless provision does not apply to any
errors, claims or issues caused by the County's inaccurate data entry into the system,
the County's failure to follow clear, reasonable, and lawful instructions, or failure to
follow program rules formally adopted by the State Board of Human Services. This hold
harmless provision does apply to CBMS training and data entry rules and/or any rules
that are part of the CBMS rules engine.
d) CDHS will develop and provide CBMS training for Works Program staff as required by
C.R.S. § 26-2-712(7) (training is available and provided by the Colorado Department of
Healthcare Policy&Financing and CDHS).
e) The amount identified for the County's level of spending shall be identified annually in
the Allocation Agency Letter as required by C.R.S. § 26-2-712 and pursuant to C.R.S. §
26-2-715.
6. SANCTIONS
a) Subject to limitations set forth herein, including those contained in paragraph 5(c)
herein, if CDHS is subject to a federal sanction, CDHS may impose sanctions
pursuant to this MOU. Regardless of whether CDHS is subject to any federal
sanction, CDHS may develop a remediation plan, as provided in this MOU, if,
during the term of this MOU, the County engages in any of the following actions:
i. 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.
ii. Failing to satisfy work participation rates as contained in this MOU and/or
failing to meet other negotiated performance measures within a negotiated
time frame.
iii.Reducing the basic assistance grant, restricting eligibility or the provision
of services, or imposing sanctions in a manner inconsistent with a federally
compliant state law and state plan.
iv. Failing to comply with any other provision of the Colorado Works Program if
such failure causes CDHS to incur a federal fiscal sanction.
b) In any case where CDHS is considering a sanction or remediation plan for the
County due to the County's failure to achieve its work participation rate or other
agreed-upon performance measure, CDHS will first follow the procedures for
determining whether the County made a good faith effort to achieve its work
participation rate or other agreed-upon performance measure. In making its
determination, CDHS, without limitation, shall consider documentation of the
following:
i. Implementation of an effective process for moving clients through
programs and resources to obtain and maintain employment using the full
range of countable federal work activities;
ii. 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;
iii. Accurate and timely data entry in CBMS for all Works program
participants, including proper coding and work participation data tracking,
and any other documentation which may demonstrate a good faith effort;
iv. County identification of problems in performance and implementation of
an action plan to improve performance;
v. The operational capacity of CBMS. The County will 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 CDHS that
affects documentation for work participation.
c) CDHS will not sanction or develop a remediation plan for the County's failure to
meet its performance measure(s) unless it was determined that the County did not
make a reasonable and good faith effort towards meeting its performance measure(s).
The process for a sanction (fiscal or non-fiscal) against the County by CDHS will be
as follows:
CDHS will provide the County thirty (30) days written notice of the
proposed sanction before imposing any sanction. This notification will
include the rationale of imposing the sanction, as well as all associated
documentation, a calculation of the proposed sanction, and an indication
of what constitutes a remedy or correction that will allow the County to
avert the sanction, if any remedy or correction is possible. Any 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 has thirty(30)days to contest, explain, offer
evidence of mitigating factors, and/or submit a corrective action plan to
correct the alleged failure before CDHS imposes the sanction. CDHS shall
allow the County corrective action plan to be implemented unless it is
manifestly insufficient.
ii. If the County corrective action plan does not rectify the performance
problem, CDHS will negotiate a remediation corrective action plan
(RCAP) with the Eagle County Board of County Commissioners within
thirty (30) days of CDHS' determination that the County corrective
action plan has failed, in an effort to further the mutual goal of the
successful operation of MOU-related programs. The RCAP shall be
agreed to within thirty (30) days of failure of the corrective action plan
specified herein. If the RCAP includes deployment of fiscal resources,
the County will determine the source of such resources. The County's
utilization of financial resources does not necessarily constitute fiscal
sanction as contemplated by C.R.S. § 26-2-716(4)(b) and the amount of
the fiscal resources committed shall be mutually agreed upon, adequate to
meaningfully attempt to correct the performance problem.
iii. If the County fails to correct the action, and a sanction is imposed,the
amount cannot be greater than that imposed by the federal government,
and cannot exceed the amount expended by CDHS as a result of the
County's failure to meet its obligation. If CDHS has incurred a sanction
due to the failure of more than one county to meet its obligations, the
County will only be sanctioned for its share of the sanction, if applicable.
iv. CDHS 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, together with all CDHS documents
related to the actions giving rise to that federal sanction, or that relate to
the sanction process.
c) If the County continues to deliberately or consistently fail to meet its obligation
specified in this MOU, CDHS, at its sole discretion, may do the following:
i. CDHS (or its duly designated agent)may assume the County's
administration and implementation of the Works Program and the Child
Care Program. In that event, CDHS will 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.
ii. CDHS may 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 in accordance with the
formulas described in C.R.S. § 26-2-714.
iii. CDHS will, in consultation and in conjunction with the County, develop
or modify automated systems to meet the reporting requirements of C.R.S.
§ 26-2-717.
5. DISCRETIONARY MATTERS
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 will not be affected by the execution of this MOU.
6. SEVERABILITY
To the extent that this MOU is 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. Thus,
should any term or provision herein be declared invalid or become inoperative for any reason,
such invalidity or failure shall not affect the validity of any other term or provision herein. The
waiver of any breach of term herein 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 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
This MOU is binding on 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.
9. 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
State Board of Human Services for resolution pursuant to the provisions of C.R.S. § 26-2-715(3).
Subsequent to the execution of this document, both parties will 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 non-binding mediation options are available by agreement of
the parties:
a) Mediation by the Governor or a third party of the Governor's choosing. Such review
must be initiated by notice provided to the Governor and other party by certified mail.
Decision by the Governor or his appointed third-party is non-binding.
b) Mediation by a dispute resolution panel, to consist of one County-designated
member, one CDHS-designated member, and one member selected by the other two
panelists. Each party must pay for its own costs and attorney fees, and will share
equally in any fees paid to panel members. The panel's decision will be made by a
majority vote of its members, and is non-binding.
c) Mediation by the State Board of Human Services. If the State Board is requested
to mediate, the provisions of C.R.S. § 26-2-715(3)concerning time limits and final
effect of the State Board's decision will not apply. The State Board of Human
Services' decision is non-binding.
None of these options will be a jurisdictional prerequisite to legal action by either party.
//SIGNATURE PAGE TO FOLLOW//
REGGIE BICHA
STATE OF COLORADO
DEPARTMENT OF HUMAN SERVICES
Executive Director
COUNTY OF EAGLE, STATE QQ COLORADO,
by and thro h the BOA'D OF C UNTY COMMISSIONERS
../ Yom' �
J140(1 H. Ryan, Chairman
aye
.
c2Vgare*ST:
NO
f • '". r. s ;r ° Board
DATE: 211 - 2- 6 I 1
