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HomeMy WebLinkAbout991664.tiff 41" n pp' ; STATE OF COLORADO ate_., COLORADO DEPARTMENT OF HUMAN SM1,GE5 .. \ OFFICE OF EXECUTIVE DIRECTOR l 1, n- (:tuoikv MY 1 1 . �2y7 + 1575 Sherman Street Denver Colorado 80203-1714 Phone(303)866-5096 �^ - Ae?.�/ TDD(303)866-6293 I—I'. _. FAX(303)866-4214 Bill Owens Governor Marva Livingston Hammons Executive Director June 28, 1999 Commissioner Dale K. Hall, Chairman Weld County Board of County Commissioners 915 Tenth Street PO Box 758 Greeley, CO 80632 Dear Commissioner Hall, I have received and reviewed the Memorandum of Understanding (MOU) you submitted to the Department on May 26, 1999. The changes that the Board of County Commissioners of Weld County have made to the MOU are unacceptable to the Department. Therefore, I am returning it to you unsigned, and requesting that you complete and sign the MOU that was agreed to by the Colorado Counties, Inc. (CCI) Social Services MOU Subgroup and the Department in November. I have included a copy of that document with this letter. On May 5, 1999, Weld County was sent a letter from Karen Beye reiterating that the language contained in the Colorado Works authorizing statute at Section 26-2-715 (1) (a), required an agreement between a county or group of counties and the state department. The MOU transmitted to Weld County for signature in November, 1998 contained the final terms of an agreement negotiated by the Department and the counties through CCI and Kathryn Schroeder, Arapahoe County Attorney, as the lead negotiator. The Department and the counties negotiated in good faith to come up with an agreement acceptable to both parties. Executing this agreement, as written, would put Weld County in compliance with the Colorado Works statute and in accord with the final terms of the negotiated MOU. It is our understanding that Weld County was represented in this negotiation process. To date, 60 of 63 counties have returned and signed the standardized MOU as required by the agreement. Weld County has now had nearly seven months to sign the agreement and return it to the Department for signature. Continued failure to submit the MOU can be construed as an Building Partnerships to Improve Opportunities for Safely,Self-Sufficiency,and Dignity for the People of Co/r (� ��4./;r) ? 991664 . 1 .1 at : 0-4 315 indication that Weld County does not choose to participate in the Colorado Works program as provided for in state statute. The state department may enter into a temporary agreement to administer the program in Weld County, as provided for in Section 26-2-715 (3). This section provides for mediation of differences by the state board and that"if necessary to assure services are available within the county or group of counties, the state department may enter into a temporary agreement with the county or group of counties or with another public or private agent until the matter is resolved by the state board." Briefly, our specific primary objections to your proposed MOU are as follows: • The work participation rate, and any applicable caseload reduction factor, will be calculated by the federal government based on available data provided to them by the State. Counties cannot calculate and apply their own caseload reduction factors based on data that could not be verified in any systematic way. • The provisions for sanctions contained in the MOU transmitted to you in November are not negotiable. These provisions were discussed at length in the long negotiation process with CCI and the Department last year. CCI negotiated on behalf of all counties. • The additional dispute resolution process that you propose, i.e., direct appeal to the Governor, would give Weld County preferential treatment vis-à-vis the other 62 counties and the Department. The dispute resolution process already contained in the MOU is sufficiently flexible to address any of Weld's potential concerns. The MOU that is attached is the only MOU that the Department will sign. If you wish to continue to operate a Colorado Works/TANF program in Weld County, I request that you sign this MOU and return it to me by July 15, 1999. Upon receipt, I will return a signed, original copy of it to you. I look forward to hearing from you and to entering into an agreement with Weld County. Sincerely, a ry ammons Executive rector CC: Governor Bill Owens Michelle Stermer, CCI Herb Covey, CDHS Field Administrator Judy Griego, Weld County Director of Social Services STATE OF COLORADO COLORADO DEPARTMENT OF HUMAN SERVICES of-cot OFFICE OF EXECUTIVE DIRECTOR \\ \ � \ II\"+' k 1575 Sherman Street �t Denver Colorado 80203-1714 �4 r876 M Phone(303)866-5096 TDD(303)866-6293 FAX(303)866-4214 Bill Owens Governor Marva Livingston Hammons Executive Director MEMORANDUM a figs Frr 5f3 ate" On May 26, 1999, Dale Hall, Chairman of the Weld County Board of County Commissioners, forwarded to me a signed copy of a Memorandum of Understanding (MOU) to implement and administer the Colorado Works/TANF program in Weld County. I have returned it to him unsigned along with my explanation, which is attached. I wanted to give you a "heads-up" on the status of this situation. A standardized MOU was sent to all counties in November, 1998 after nearly a year and a half of negotiations with Colorado Counties, Inc. (CCI) and Kathryn Schroeder, Arapahoe County Attorney, as the counties' lead negotiator. Weld was represented by CCI throughout these negotiations. The MOU they proposed was returned for a number of reasons. First, it excluded certain sanction provisions that apply to all other counties. CCI negotiated these provisions on behalf of all counties. Second, they have unilaterally calculated and would apply toward meeting their work participation rates, a caseload reduction factor using their own data. There is no way for this to be verified by the state department. Meeting these work participation rates is important. The potential fiscal penalties the state could receive from the federal government are major. It is important, therefore, to use statewide data that can be verified and apply the reduction factor equally to each county. Building Partnerships to Improve Opportunities for Safety,Self-Sufficiency,and Dignity for the People of Colorado Finally, they have inserted a paragraph that would allow for appeal directly to you should there be disagreements between the state and Weld County. You are certainly the ultimate authority. However, you have delegated certain responsibilities to your Executive Director. There is an agreed upon dispute resolution process established in the original MOU. This new process would give Weld County preferential treatment vis-a-vis the other 62 counties and the Department. Either all counties should appeal directly to you or none. For these reasons, I have returned their proposed MOU and asked them to sign the agreed upon MOU sent to them last November. Should they fail to enter into an agreement with the State Department, the Colorado Works statute authorizes the Department to enter into a temporary agreement to administer their program. I have made this clear to them in my letter, and have given them until July 15, 1999 to return the agreed upon MOU. If you want to discuss this further, please let me know. MEMORANDUM OF UNDERSTANDING The State of Colorado Department of Human Services and The Board of County Commissioners of County, Colorado This Memorandum of Understanding (or "MOU") made this day of , 1998, between the State of Colorado Department of Human Services (the "Department") and the Board of County Commissioners of County, Colorado (the "County"). WHEREAS, the Department is the sole state agency having the responsibility to administer or supervise the administration of the human services programs set forth in §26-1-201, C.R.S. (1997); 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, §26-2-715, C.R.S. (1997), 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 WHEREAS, the State Controller has approved execution of this MOU without State Controller examination pursuant to the State fiscal rules. 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§26-2-715, C.R.S. (1997). 2. TERM. The term of this MOU will be from to and including December 31, 1998. This MOU may be extended for an additional term from January 1, 1999, to and including December 31, 1999, by written agreement of the parties. 3. DUTIES OF 111E COUNTY. 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 §26-2-709, C.R.S. (1997), 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. (1997), or the State Plan submitted by the Department to the federal government pursuant to §26-2-712, C.R.S. (1997); and d) For the term of this MOU from , 1998, to December 31, 1998, the County shall achieve a work participation rate of thirty-five percent (35%) for all families and a work participation rate of ninety percent (90%) for two-parent families. If the term of this MOU is extended from January 1, 1999, to December 31, 1999, the County shall achieve work participation rates as follows: 1) For the portion of the term of this MOU from January 1, 1999, to September 30, 1999, the County shall achieve a work participation rate of thirty-five percent (35%) for all families and a work participation rate of ninety percent (90%) for two-parent families; 2) For the portion of the term of this MOU from October I, 1999, to December 31, 1999, the County shall achieve a work participation rate of forty percent (40%) for all families and a work participation rate of ninety percent (90%) for two-parent families. For the purpose of meeting the 2 performance goal of this MOU, the work participation rate for both of the above time periods will be adjusted by the "pro rata reduction" as allowed by federal law and regulation. The formula for applying the "pro rata reduction" has not been established yet. If the County is prevented from achieving these rates due to new circumstances beyond its control, at the request of the County, the parties will meet and attempt in good faith to negotiate new work participation rates reflecting the changed circumstances. If the parties are unable to agree on new work participation rates, they may refer the matter to a dispute resolution panel for non-binding mediation as provided in paragraph 9 of this MOU. The County's work participation rate shall be calculated according to federal law and regulation; 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 §26-2-712(4), C.R.S. (1997); and f) 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 §26-2-717, C.R.S. (1997). The County shall also continue to report to the Department as required by §§26-2-716, 26-2-717, C.R.S. (1997), 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. At a minimum, the County agrees to provide information to the Department as requested on Attachments A through N. If the County has developed written policies for implementing the Works and Child Care Programs, it agrees to provide copies of these policies to the Department. 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 3 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. 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. 4. DUTIES OF 1H1', 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 §26-2-712(5)(e), C.R.S. (1997); and c) The Department shall develop and provide training for Works Program staff as required by §26-2-712(7), C.R.S. (1997); and d)(i) Sanctionable actions. Subject to the other limitations set forth herein, the Department may impose sanctions 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. 4 (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 otherwise provided in this MOU. However, if the federal government does not sanction the Department, then the provisions of(B) of this paragraph (ii) apply. (B) 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. 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 for this reason. The Department shall not sanction the County for failing 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 5 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: 1) 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 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. (C) 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) Sanction Procedures when Department has not been Sanctioned. In any instance where the Department determines that the County has failed in an 6 obligation specified in paragraph (4)(d)(i) of this MOU, but the Department has not incurred a fiscal sanction, and the Department is considering a fiscal sanction against the County, the Department shall proceed as follows: (A) The Department shall send the County a written notice of the alleged violation and give the County the opportunity to provide the Department with a corrective action plan, which may include but is not limited to, the collection of the Works Program or Child Care Program alleged misused funds. The corrective action plan must be received by the Department within thirty (30) days after the receipt of the violation notice by the County. Any corrective action described in the plan must be completed within ninety (90) days thereafter. The Department may monitor the progress of the corrective action through audit or written inquiry. (B) If the County fails to finish the corrective action within ninety (90) days, the Department may either: a) Recover those federal and state Works Program or Child Care Program funds which the Department determines were misused by the County; or b) Impose a fiscal sanction in a total amount no greater than two and one-half percent (2.5%) of the County's maintenance of effort for failure to meet an obligation specified in paragraph (4)(d)(i) that does not result in a misuse of funds. The two and one-half percent (2.5%) figure shall be an aggregate maximum sanction for the term of this MOU. In no event shall the Department both recover funds and impose a fiscal sanction on the County. (C) Any fiscal sanction by the Department on the County shall be imposed by a reduction of the County's future allocation. If the Department imposes fiscal sanctions on one or more Counties, the Department will not reduce the amount of its annual budget request to the Office of State Planning and Budget for inclusion in the Governor's annual budget request to the General Assembly by the amount of these sanctions. Fiscal sanctions will not be imposed for: I) Violations of federal or state law or regulations occurring before the effective date of the law or regulation; 2) Technical errors or discrepancies resulting from inaccurate reports; or 3) Isolated or minor breaches of this MOU agreement. e) The Department (or its duly designated agent) may assume the County's administration and implementation of the Works Program and the Child Care 7 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 §26-2-714, C.R.S. (1997). Payment of all money so allocated shall be made to the County in accordance with §26-1-122(3)(b), C.R.S. (1997); and g) The Department will, in consultation and in conjunction with the County, develop or modify automated systems to meet the reporting requirements of §26-2-717, C.R.S. (1997). However, if any automated system developed by the Department is incompatible with any existing County system, and a reporting error or discrepancy results, the Department shall not, for that reason, impose sanctions on the County. 5. DISCRETIONARY MATTERS REMAIN 1 Ht SAME. The parties agree that all portions of Senate Bill 97-120 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. 8 7. INTEGRATION OF UNDERSTANDD G. 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. 9. DISPUTE RESOLUTION. The parties shall work in good faith to resolve any disputes arising from this MOU. If the parties are unable to resolve such disputes, they 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 9 selected by the other two members of the panel. The parties shall provide the panel with the information necessary to consider the dispute. The panel's decision shall be made by a majority vote of its members. Such mediation [each County can modify the "is" or "is not" language to suit its needs] is not a jurisdictional prerequisite to legal action by either party. • 10 STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES Executive Director COUNTY OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS Chairman ATTEST: County Clerk to the Board DATE: The Board of County Commissioners of County and the State of Colorado Department of Human Services hereby agree to extend the term of this MOU from January 1, 1999, to and including December 31, 1999, subject to the terms and conditions contained therein. STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES Executive Director COUNTY OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS Chairman ATTEST: County Clerk to the Board -DATE: 11 P 3 17:03 $'303 881 '4078 CCI Q1003 fie 10:37 FRO1:RRAP COUNTY RTTCRNEY 303-73S-7636 T0:323 E61 4076 PPGE:02 ADDENDUM TO MEMORANDUM OF UNDERSTANDING The Board of County Commissioners of _ County and the State of Colorado Department of Human Services hereby agree to amend the Memorandum of Understanding (MOU) between those parties dated , by adding the following subparagraph(D) to subsection 4(d)(iv) of the MOU,page 7,regarding"Duties of the Department, Sanction Procedures when Department has not been Sanctioned." (D) The Department will not impose a fiscal sanction under this paragraph 4(d)(iv) unless,within two years of the date of an alleged violation, the Department provided the County with notice of that alleged violatioo as otherwise required by this Agreement. All other provisions of the MOU shall remain in full force and effect, and are not modified by this Addendum. Dated this_day of , 199_ STATE OF COLORADO DEPARTMENT OF HUMAN SERVICES Executive Director COUNTY OF COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS Chairman ATTEST: County Clerk to the Board DATE: . ..STATE OF COLORADO COLORADO DEPARTMENT OF HUMAN SEF fcES o E% OFFICE OF EXECUTIVE DIRECTOR I .,, no nn L., 1575 Sherman Street `� Denver Colorado 80203-1714 �4196%W' Le76 sx Phone(303)866-5096 TDD(303)866-6293 FAX(303)866-4214 Bill Owens Governor Marva Livingston Hammons Executive Director July 16, 1999 Commissioner Dale K. Hall, Chairman Weld County Board of County Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 Dear Commissioner Hall, It is my understanding that you did not receive my June 22, 1999, letter regarding the Colorado Works Memorandum of Understanding (MOU) until July 13, 1999. As a result, I am extending the timeframe for consideration of signing the standardized MOU until Friday, July 23, 1999. I continue to look forward to entering into a signed agreement with Weld County. Si erely, t , r Ex> eveectr Building Partnerships to Improve Opportunities for Safety,Self-Sufficiency,and Dignity for the People of Colorado a OFFICE OF BOARD OF COMMISSIONERS PHONE (970) 356-4000, EXT 4200 FAX (970) 352-0242 915 TENTH STREET P.O. BOX 758 le GREELEY, CO 80632 COLORADO July 19, 1999 Marva Livingston Hammon Executive Director Colorado Department of Human Services 1575 Sherman Street Denver, Colorado 80203-1714 Re: Colorado Works Memorandum of Understanding Dear Ms. Hammons: The Board of County Commissioners of Weld County, Colorado, has received your letters of June 28, 1999, and July 16, 1999, regarding the Colorado Works Memorandum of Understanding ("MOU"). The Board respectfully asks to meet with you to discuss the MOU. Mr. Bruce T. Barker, Weld County Attorney, and Ms. Judy Griego, Director, Weld County Department of Social Services, will also attend. Please contact me at (970) 356-4000, ext. 4200; Mr. Barker at (970) 356-4000, ext. 4390; or Ms. Griego at (970) 352-1551, ext. 6510, to set a date for such meeting. We will be happy to meet at your office in Denver. Be aware that Weld County will continue to operate the Colorado Works/TANF program as it has successfully done since the program went into effect in 1997, thereby assuring the availability of services as required by C.R.S. § 26-2-715(3). Sincerely, Dale K. Hall, Cha. an Board of County Commissioners of Weld County, Colorado pc: Governor Bill Owens Judy Griego Bruce Barker Hello