HomeMy WebLinkAbout20173757MEMORANDUM
TO: Department of Human Services
DATE: September 18, 2020
FROM: Clerk to the Board's Office
SUBJECT: Tyler Document #2017-3757
Final signatures were not obtained by the parties required to fully execute Tyler
Document #2017-3757, approved by the Weld County Board of Commissioners on November 1,
2017. Due to the prolonged delay in obtaining final signatures, the Clerk to the Board's Office has
deemed it prudent to close this item out. This memorandum will be added to the Commissioners'
files to demonstrate this document was not fully executed.
QoI-7 - 3-157
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RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR COLORADO WORKS AND
CHILD CARE ASSISTANCE PROGRAMS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for the
Colorado Works and Child Care Assistance Programs between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Human Services, and the Colorado Department of Human Services, commencing
July 1, 2017, and ending June 30, 2018, with further terms and conditions being as stated in said
memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding for the Colorado Works and Child
Care Assistance Programs between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Human Services,
and the Colorado Department of Human Services be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of November, A.D., 2017, nunc pro tunc July 1, 2017.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: ditA44)�
Weld County Clerk to the Board
BY' QPeL
APP
Steve Moreno, Pro-Tem
eputy Clerk to the Board
my Attorney
Sean P. Conway
Freeman
rbara Kirkmeyer
Date of signature: t t l 9l I 11
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2017-3757
HR0088
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: October 20, 2017
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services'
2017-18 Memorandum of Understanding (MOU) with the
Colorado Department of Human Services for the Colorado
Works Program and the Colorado Child Care Assistance
Program
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Departments' 2017-18 Memorandum of Understanding (MOU) with the
Colorado Department of Human Services (CDHS) for the Colorado Works Program and the Colorado Child
Care Assistance Program. This MOU serves as an annual performance contract between the Colorado Department
of Human Services (CDHS) and the Board of County Commissioners that identifies the County's duties and
responsibilities in implementing the Colorado Works and the Colorado Child Care Assistance Programs. The MOU
is non -financial. CDHS and the County understand and agree that the services and assistance outlined in the 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.
Over the past year, Commissioner Kirkmeyer has led a Colorado Counties, Inc. (CCI) work group to reach
consensus with CDHS on the Colorado Works and Child Care Assistance Programs MOU. Most of the elements
included in the MOU were agreed upon with the exception of two areas in which CDHS and the work group
disagreed. The attached document is the MOU that Weld County will be signing and it is aligned with the CCI work
group version.
The term of the MOU is July I, 2017 through June 30, 2018.
I do not recommend a Work Session. I recommend approval of this MOU.
Approve
Recommendation
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Schedule
Work Session
Other/Comments:
2017-3757
Pass -Around Memorandum; October 20, 2017 - CMS 1508 Page 1
MEMORANDUM OF UNDERSTANDING
The State of Colorado Department of Human Services and the Board of County Commissioners or other
elected governing body of WELD County, Colorado.
This Memorandum of Understanding (MOU) is made this 1st day ofNov,2017between
the State of Colorado Department of Human Services (CDHS) and the Board of County Commissioners or
other elected governing body of WELD 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") and the Colorado Child Care Assistance Program ("Child
Care Program"); collectively referred to as the "Programs" for 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 and the Child Care
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, 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 CRS 26-2-715.
2. TERM
The term of this MOU will be from July 1, 2017 through June 30, 2018.
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.
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b. The County will not reduce the basic assistance grant administered according to CRS 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 State or Federal law.
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. The County must also
continue to report to CDHS, as currently required by CRS 26-2-716, 717, and must 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 required by law.
g.
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. The County
agrees to provide the information and policies specified in paragraph (h) herein, to CDHS,
within thirty (30) days of adopting aforementioned policies and to update their Child Care
Program County plan when changes impact the administration of such program.
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. 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. The County maintains that it will consider such
comments in its implementation of these Programs, but is not obligated to incorporate
them.
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i. The County will utilize the technical assistance, training and reporting or tracking resources
offered by CDHS in order to administer the Programs that supports 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 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 implementation of the Works
Program and the Child Care Program, statewide, 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
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decisions resulting in overpayments and subsequent claims, and erroneous decisions
resulting in underpayments and subsequent supplemental payments of restorative benefits.
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 rules 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.
The Voluntary Agency's negotiated WPR rate will be held accountable only to the adjusted
WPR rates 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 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 attempt 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.
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k. CDHS exercises the oversight of, and the responsibility for, the development,
implementation, maintenance, and enhancement of the Child Care State Benefit System
and its application relative to the Child Care Program. The State Benefit System is a system
that utilizes decision tables run by a rules engine for determining eligibility, to the extent
allowed by law. Counties 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 decisions resulting in overpayments and
subsequent claims, or erroneous decisions resulting in underpayments and subsequent
supplemental payments.
The State acknowledges that liability to third parties resulting from erroneous, inaccurate,
or inadequate State Benefits System notices to Child Care Program households is properly
the State's liability. The State 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 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 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 rules engine.
I. CDHS will develop and provide training for Child Care Program staff and provide timely
and accurate reports on County performance.
m. The amount identified for a County's level of spending shall be identified annually in the
Allocation Agency Letter as required by CRS 26-2-712, et seq.
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 and federal improper Payment Error Rate.
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.
7. REMEDIATION PLANS
a. 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:
i. Spending federal or state Works Program or Child Care Program funds in a manner
disallowed by Federal or State law, which could include receipts or recoveries that
are not reported;
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ii. 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;
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 meet Child Care Program federal improper payment error rate
guidelines, in accordance with the federal fiscal year.
8. SANCTIONS
a. Subject to the limitations set forth herein, if CDHS is 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:
i. Failing to meet the WPR, after the case -load reduction credit is applied, as
contained in this MOU and/or not meeting negotiated performance measure;
ii. 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;
iii. Failing to meet Child Care Program federal improper payment error rate
guidelines, in accordance with the federal fiscal year.
b. The County will not be sanctioned or required to follow a remediation plan for failing to
comply with a state regulation that conflicts with or exceeds what is required by federal
law.
c. The County will not be sanctioned if the County can show that CDHS provided inaccurate
guidance, training or data with regards to performance under this MOU.
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:
i. CDHS will provide the County 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 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.
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ii. If the County's remediation plan does not rectify the performance problem, CDHS
may determine the appropriate level of sanction. 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, before CDHS imposes the sanction.
iii. 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.
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, CDHS 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, at its sole discretion, may assume the County's administration and
implementation of the Works Program and/or Child Care Program.
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
CDHS assumes 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 and/or Child Care Program. CDHS is under no
obligation to accept or assume the administration of the Works Program and/or Child Care
Program.
If CDHS assumes the County's administration and implementation of the Works or Child
Care Program, 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 programs, in accordance with the formulas described in CRS 26-2-714. 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.
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11. 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.
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 breach 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.
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.
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 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.
15. DISPUTE RESOLUTION
a. 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 CRS 26-2-715 (3).
b. 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
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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, is non-
binding.
ii. Mediation by a dispute resolution panel, to consist of one County designation
member, on 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.
REGGIE BICHA
STATE OF COLORADO DEPARTMENT OF
HUMAN SERVICES
Executive Director or Designee
COUNTY OF WELD COLORADO,
by and thrAugh the BOARD OF COUNTY COMMISSIONERS
Chair, Julie A.
ATT' �: �/ ,, efk to
By' �✓GI�� ' •uty Clerk to the
DATE: NO 0 1 2017
9
020/ 7- 37576
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