HomeMy WebLinkAboutC24-068 MOU_Colorado Department of Human Services
MEMORANDUM OF UNDERSTANDING - ANNUAL REAFFIRMATION
The State of Colorado Department of Human Services and the Board of County Commissioners or other
elected governing body of County, Colorado.
This Memorandum of Understanding (MOU) is made this 1st day of July, 2022 between the State of
Colorado Department of Human Services (CDHS) and the Board of the County Commissioners or other
elected governing body of County, 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 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”) for the purposes of this MOU.
CRS 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.
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. 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
a) The parties agree that the provisions of this MOU constitute compliance with CRS 26-2- 715.
2) TERM
a) The term of this MOU will be from July 1, 2022 through June 30, 2025. This MOU shall be
reaffirmed annually through an amendment signed by both parties.
3) REQUIRED DUTIES OF THE COUNTY
a) The County will administer and implement the Works Program using fair and objective criteria,
and in compliance with federal law, State Statute, and applicable program policy in 9 CCR 2503-6 (Works
Program).
b) The County will not reduce the basic assistance grant administered according to CRS 26-2-709,
except as otherwise outlined in 9 CCR 2503-6.
c) The County will not restrict eligibility or the provisions of services, nor will it impose sanctions
that are inconsistent with State Statute or Federal law and applicable program policy, including the
process and sanctions outlined in 9 CCR 2503-6.
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d) For the term of this MOU, the County’s negotiated Work Participation Rate (WPR) will be held
accountable only to the adjusted WPR, after the caseload reduction credit is applied, with the elimination
and removal of the Two-Parent rate. 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 WPR is, as of the signing of this MOU, the only federally
mandated performance goal identified specifically in CRS 26-2- 712 (4). The parties also acknowledge
that in an effort to help individuals prepare for and enter the workforce, they are encouraged to adopt
employment focused measures, as outlined under “OPTIONAL OUTCOME MEASURES” below.
f) The County will maintain sufficient records, and will permit CDHS or its duly designated agents
and/or representatives of the federal government, to inspect the records and make such records available
to CDHS as specified in CRS 26-2-717 for the Colorado Works Program. The County must also continue
to report to CDHS as currently required by CRS 26-2-716 and 717 for the Colorado Works Program and
must report to CDHS 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 required by law.
g) As specified by rule and state statute, counties shall have flexibility in determining the
approaches needed to achieve federal and State requirements. The County agrees to provide CDHS with
its adopted policies and any updated written information when, or if, changes to these policies are made in
these Programs. The County agrees to provide the information and policies specified in paragraph (h)
herein, to CDHS for review and approval prior to adopting aforementioned policies.
h) Outside of what is required by statute or rule, 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 CDHIS in meeting its responsibilities, with respect to the Colorado Works
Programs. Nothing in this MOU gives CDHS the authority to 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 Human/Social Services Director.
i) The County will utilize the technical assistance, training and reporting or tracking resources
offered by CDHS in order to administer the Programs, including those that support the four purposes of
Temporary Assistance to Needy Families (TANF) and will meet the WPR.
j) The County will participate in formal expeditious vetting processes with CDHS to review, draft
and recommend policies or rule changes that would have a positive impact on WPR and meet federal
guidelines.
k) In order to maximize the caseload reduction credit for the State, the County will actively identify
and report third party Maintenance of Effort (MOE) contributions, in accordance with the timelines and
guidelines established by CDHS.
4) OPTIONAL OUTCOME MEASURES
a) Counties may submit a proposal as an attachment to this MOU, describing additional employment
focused performance measures, specific to employment. Such proposals may be submitted either at the
time of execution or at any time during the period of this MOU. The proposal is limited to issues
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regarding the pursuit of programs, strategies, and associated evaluation plans that focus on improving
employment outcomes and contribute to the evidence base for effective programs. In addition, terms and
conditions will require either interim targets for each performance measure or a framework for how
interim goals will be set after the baseline measures are established. The terms and conditions will
establish a review process for programs, strategies and metrics designed to achieve optimal outcomes.
b) Upon approval of the proposal by CDHS, the County or region will be subject to the performance
measures, interim goals, and other conditions set forth in the MOU addendum, and negotiated WPR that
consider employment focused outcome measures and anticipated statewide case-load credit reductions.
5) DUTIES OF CDHS
a) In consultation with the Counties, CDHS will oversee the statewide implementation of the Works
Program, and will develop standardized forms that streamline the application process, the delivery of
services, and the tracking of participants.
b) CDHS will monitor the County’s provision of basic assistance grants and, if necessary, perform
the duties outlined in CRS 26-2-712 (5).
c) CDHS exercises oversight of and responsibility for the development, implementation,
maintenance, and enhancement of the State Benefit System and its application relative to the Works
Program. Because the State Benefit System 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 will not be
sanctioned or required to follow a remediation plan for erroneous decisions made by the State Benefit
System. Without limitation, this applies to erroneous eligibility decisions, erroneous determination of
amount of benefits, erroneous decisions resulting in overpayments and subsequent claims, and erroneous
decisions resulting in underpayments and subsequent supplemental payments of restorative benefits.
(1) The State acknowledges that liability to third parties resulting from erroneous, inaccurate or
inadequate State Benefits System notices to Works Program households, is properly the State’s liability.
CDHS will not take recovery action against the County for any claim, including a legal claim, that is
defined in this paragraph as a State Benefit System caused error. This provision does not apply to any
errors, claims or issues caused by the County’s inaccurate data entry in the system, the County’s failure to
follow clear, reasonable, and lawful instruction, or failure to follow program rules formally adopted by
the State Board of Human Services. This provision does apply to the State Benefit System training and
data entry rules and/or any rules that are part of the State Benefit System rule engine.
d) CDHS will develop and provide training for Works Program staff, as required by CRS 26-2-712
(7).
e) CDHS will hold Contracted Agencies with cooperative agreements with the State Department
responsible for providing reception and placement services for refugees, accountable to its own WPR and
must not include refugees receiving Contracted Agency’s services in the County’s calculation of the
WPR. The Contracted Agency’s negotiated WPR will be held accountable only to the adjusted WPR after
the case-load reduction credit is applied with the elimination and removal of the Two-Parent rate.
f) CDHS will use valid data from the State Benefit System and other sources, as necessary, to
accurately calculate the County’s WPR. Prior to submitting its calculation to the federal government,
CDHS will provide the County the individual data variables and supporting information used in the
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calculations, so that the County may review the data to ensure the accuracy, validity and proper
calculation of the WPR.
g) CDHS will provide technical assistance and available resources to the Counties to help Counties
meet WPR and Payment Accuracy Goals.
h) CDHS will provide ongoing technical assistance, training, and reporting for tracking resources to
help the County administer the program, in support of the four purposes of TANF and to meet WPR.
i) CDHS will conduct formal expeditious collaborative processes with the County to review, draft
and recommend policies or rule changes that would have a positive impact on work participation rate and
meet federal guidelines.
j) In order to maximize the caseload reduction credit for the State, CDHS agrees to actively identify
and report third party Maintenance of Effort (MOE) contributions.
k) The amount identified for a County’s level of spending shall be identified annually in the
Allocation Agency Letter as required in CRS 26-2-712.
6) JOINT STATE AND COUNTY DUTIES
a) The State and Counties will work together in partnership to communicate performance expectations
and results to jointly achieve federally required performance outcome measures related to the WPR.
b) As needed, the State and Counties will convene meetings, workshops, focus groups, or other
forums to share information, best process, or targeted strategies to achieve the spirit and intent of this
MOU document and related federally required performance requirements.
c) The State and the Counties will work together to ensure that the information entered and reported
in the Colorado Benefits Management System is as accurate as possible. The State shall work to address
any system issues in a timely manner, and Counties will enter accurate client and provider information in
the systems.
7) REMEDIATION PLANS
The County, in consultation with CDHS may develop a remediation plan if, during the term of this MOU,
the County engages in any of the following actions:
a) Spending, federal or state, Works Program funds in a manner disallowed by Federal or State law,
which could include receipts or recoveries that are not reported;
b) Failing to meet the WPR, after the caseload reduction credit is applied, as contained in this MOU
and/or failing to meet the negotiated performance measures;
c) 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, and
applicable program policy;
8) SANCTIONS
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a) Subject to the limitations set forth herein, if CDHS subject to a federal sanction, and the County’s
remediation plan was insufficient, CDHS may impose sanctions on the County pursuant to this MOU
only if during the term of this MOU, the County engages in any of the following actions:
1. Failing to meet the WPR, after the caseload reduction credit is applied, as contained in
this MOU and/or not meeting negotiated performance measures;
2. 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 and applicable program policy;
b) A sanction should not be imposed on the County for failing to adhere to a state regulation that
conflicts with federal law.
c) The county will not be sanctioned or required to follow a remediation plan if:
1. the County can demonstrate by a preponderance of evidence that CDHS provided
inaccurate guidance, training or data with regards to performance under this MOU; and,
2. that the County’s reliance on this information is the proximate cause for the imposed
sanctions. If the County can only demonstrate that it is the proximate cause for part of the
sanction, the County will not be liable for that portion of the sanction.
9) PROCEDURES FOR IMPOSING REMEDIATION PLAN OR SANCTIONS
a) The process for a sanction or remediation plan against the County by CDHS will be as follows:
1. CDHS will provide the County with written notice of the County’s failure to meet the
performance measures outlined in this MOU. This notification will include all associated
documentation that supports CDHS’s determination of the performance failure. Upon
receiving such notice, the County has sixty (60) days to contest, explain, offer evidence
of mitigating factors, and/or submit a remediation plan to correct the alleged performance
problem.
2. If the County’s remediation plan does not rectify the performance problem, CDHS may
determine the appropriate level of sanction. CDHS shall take into consideration as a
mitigating factor any violation of a state regulation that exceeds or conflicts the
requirements of the federal law. CDHS will provide the County one hundred eighty (180)
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. Upon receiving such notice, the County has sixty (60)
days to contest, explain or offer evidence of mitigating factors, sanctions are imposed.
3. If a sanction is imposed, the amount cannot be greater than that imposed by the federal
government. If CDHS has incurred a sanction due to the failure of more than one County
to meet its obligations under the terms of this MOU, the County will only be sanctioned
for its share of the sanction.
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b) CDHS will 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 related to the sanction process.
If CDHS fails to provide the required documentation within the twenty (20) days, it may not hold the
County liable for that sanction.
10) CIRCUMSTANCES FOR CDHS ASSUMING ADMINISTRATION
a) If the County continues to knowingly or consistently fail to meet its obligation specified in this
MOU, CDHS may assume the County’s administration and implementation of the Works Program.
i) In that event, CDHS will provide the County ninety (90) days written notice before assuming
these duties. Upon receipt of such notice, the County shall have the opportunity to contest, explain, offer
evidence of mitigating factors, or to correct the failure before assuming the duties.
b) If the County continues to consistently fail to meet its obligation specified in this MOU, the
County at its sole discretion, may ask CDHS to assume the County’s administration and implementation
of the Works Program. CDHS is under no obligation to accept or assume the administration of the Works
Program.
i) If CDHS assumes the County’s administration and implementation of the WorksProgram, it may
retain the unused portion of the allocation that was provided to the County, as part of the County’s block
grant for its administration and implementation of the Program, in accordance with the formulas
described in CRS 26-2-714 for the Colorado Works Program. CDHS will, in consultation and in
conjunction with the County, develop or modify automated systems to meet the reporting requirements of
CRS 26-2-717 for the Colorado Works Program
11) DISCRETIONARY MATTERS
The parties agree that all portions of Part 7 or Article 2 of Title 26, C.R.S. for the Colorado Works
Program grant discretion to either party regarding the administration of the Works in the County, will not
be affected by the execution of this MOU except as explicitly stated herein.
12) SEVERABILITY
To the extent that this MOU is executed, and the 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 break of term, herein
shall not be construed as a waiver of any other term, or of the same term upon subsequent breach.
13) 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.
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The parties recognize the nature of the relationship between the County and State. This relationship is
governed more broadly by pertinent provisions of the Colorado Constitution and of State statutes and
rules, and for Colorado Works includes, 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.
14) 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 the 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.
15) DISPUTE RESOLUTION
a) Prior to the execution of this document, if CDHS or the County are unable to reach agreement
concerning the inclusion of, or wording of, provisions of the MOU that apply to the Colorado Works
Program, either CDHS or the County may refer the dispute to the State Board of Human Services for
resolution pursuant to the provisions of CRS 26-2-715 (3).
b) Subsequent to the execution of this document, CDHS and the Counties will work in good faith to
resolve a dispute arising from any provision of this executed MOU as applied to the Colorado Works
program. If the parties are unable to resolve such dispute, any of the following non-binding mediation
options are available by agreement of the parties;
i) 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, in non-binding.
ii) 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 must share equally in any fees paid to panel members. The panel’s decision
shall be made by a majority vote of its members and is non-binding.
iii) Mediation by the State Board of Human Services. If the State Board is requested to mediate, the
provisions of CRS 26-2-715 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.
c) None of these options will be a jurisdictional prerequisite to legal action by either party.
_____________________________________________________________________
Clint Woodruff, Acting Executive Director, State of Colorado Department of Human Services
Clint Woodruff Digitally signed by Clint Woodruff
Date: 2023.12.15 11:54:59 -07'00'
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COUNTY OF___________________________COLORADO, by and through the BOARD OF COUNTY
COMMISSIONERS
__________________________________
Chairman
ATTEST:
__________________________________
County Clerk to the Board
Date: ___________________________
DocuSign Envelope ID: 2359FDBE-26E6-49E4-AB92-16474B7A000D
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Matt Scherr
1/30/2024
