Summary of Agreements with the BC CEO Network and CLAN October 2011

Transcription

1 Summary of Agreements with the BC CEO Network and CLAN October 2011 Collaborative Working Relationships a. Agreement on principles for service providers and CLBC to work together. b. GSA use - CLBC staff, individuals, families and service providers will complete the GSA together, when a plan has not been completed; sharing the complete results with families and service providers; and, explaining the rationale for recommended service levels. Funding a. MPP - Funding approved by government for MPP. CLBC to develop specific requirements for documentation by service providers and contract amendment process. b. CLBC will treat union and non-union service providers equitably when providing funding for the Municipal Pension Plan beginning in the fiscal year. c. The BC CEO Network and CLAN accept the concept of negotiating and reporting Service Levels in principle. d. Service levels determined using the new Funding Guide Templates. e. CLBC costing guidelines will be renamed Funding Guidelines. f. CLBC will change the Funding Guidelines to say up to 10% administration. g. CLBC will fund 1 supervisor to 8 FTE s supervisory ratio with the supervisory positions not in the service level. h. CLBC, BC CEO Network and CLAN agreed upon $26.57 per hour plus benefits as an all inclusive rate for supervisors funded under the 1-8 ratio. (See appendix 1.) i. Agreement that time for staff meetings will be included in service levels. j. Calculation of cost impacts for senior workers providing leadership as part of the 1-8 supervisor ratio - Two options will be available in the Funding Template. The preferred option will be to cost online hours of supervisors or staff providing leadership at the line worker rate with a note in comments that the work is being done by a supervisor. k. Gaining clarity on which positions are backfilled. This relates to employment programs where one for one backfill has not typically been provided - CLBC may choose not to purchase full backfill in some services e.g. employment or skill development. Service providers may also indicate that they do not require full backfill. CLBC agrees to negotiate the amount of backfill required. l. Cost of day shifts on stats in staffed residential - CLBC has incorporated costs and service levels for day-time funding in staffed residential on statutory holidays. Template formulas Page 1 of 14

2 designed and agreed upon. CLBC has deferred any contract modification as a result of this until annual service level reporting. m. Agreement on principles that will guide CLBC staff and service providers who are either under or over the service levels at the end of a contract term or year. n. Increases in funding as a result of the application of the Funding Guide Template will only occur when savings are found within the service providers existing CLBC funding. o. CLBC will develop regional program cost guidelines based on existing negotiated contracts by June 30, We will use a minimum of 10 final FGT per region and have separate averages by contract type e.g. staffed residential and community inclusion. Once completed the regional data will be shared at the provincial table with the CEO Network and CLAN. Future direction regarding regional versus provincial guidelines will be decided and the process for how the averages are calculated will be described. p. The next step will be to share these average program costs with regional service providers. Adjustments will be made based on data as more FGT are completed. The intent is that if a provider s proposal fits with the overall amount of the guidelines each line will not be negotiated. Where the total is over the average, items which are above the average will be negotiated. The intention is to provide prudent and reasonable amounts for program costs while reducing the time it takes to negotiate these items. q. Superior benefits will be recognized when they are part of a collective agreement including local agreements which are part of the collective agreement. r. This issue relates to providers where WCB has assessed all programs at the higher residential rate. For Community Inclusion the rate is lower in the Funding Guide template. This may present a challenge for a provider. The agreement for the WCB rate was that CLBC would fund a reasonable base rate. Service providers were responsible for managing their safety program and CLBC would not cover increased premiums due to increased injury. There are a variety of classifications for the work in the sector and some providers have lower rates than others. It is agreed that if WCB assesses a base rate across all programs based on the residential rate that the provider appeals that decision. If the provider is not successful CLBC will take the increased cost for the base rate into account when recouping undelivered service level hours. This is the same arrangement made for Home based Community Inclusion contracts which were agreed to prior to the change of the Funding Guide template. When it is challenging to support a person and staff are being injured, CLBC and the service provider will work together to address the situation. Similar to other employer costs, amounts paid by CLBC for WCB costs are subject to negotiation between CLBC, the BC CEO Network and CLAN. Page 2 of 14

3 s. It is agreed that the CSSEA data collection, in preparation for Collective Bargaining in 2012, be used as a basis for reviewing the existing Funding Guide rates. It is anticipated that negotiations between CLBC, the BC CEO Network and CLAN can begin in the fall and be concluded for December 31, Implementation is a separate conversation based on the environment at that time. t. Prior to any review of cost pressures due to increased rates for EI, MSP, minimum wage etc., service providers must go through a number of steps with CLBC: Negotiate service levels using Funding Guide templates. Attempt to find savings in the existing contracts. Agencies and CLBC agree that once services have been reviewed and appropriate models of service confirmed, they will not be reviewed again for more savings. For non-union providers if savings are found they will first be applied to fund actual costs then the CLBC - CLAN agreement will apply. For unionized providers additional savings will be shared between the provider and CLBC to assist the provider to reach the FGT rates and to assist CLBC to serve new individuals on the CLBC request for service list. Providers who are funded at the FGT rates will manage increased costs until the new rates are set. Undelivered service hours will be recaptured. u. For providers who are not at the FGT rates and where no additional savings can be found, the difference between the FGT rates and the actual funding will not be recaptured by CLBC when reconciling service levels at the end of the first year of the contract. v. CLBC has agreed to move towards funding services in existing contracts at the Funding Guide rates over time as savings are found in existing contracts. The BC CEO Network and CLAN members have agreed to communicate in a timely way with CLBC during the term of a contract when the need for service changes. w. Service providers who are unable to deliver the contracted service levels should advise CLBC as soon as possible. The provider and CLBC will examine all options to resolve the issue. Terms and Conditions Contracts a. CLBC agreed that the dispute resolution process in contracts can be applied to terminations. b. The dispute resolution section of the Terms and Conditions provides a reasonable process for resolving disputes. We have agreed not to change the T and C at this time. In addition to the dispute resolution process, CLBC agrees that a service provider can bring with them a member of the BC CEO Network, CLAN or a colleague. If the provider chooses to bring legal counsel, CLBC should be advised in advance. The dispute resolution process is for Page 3 of 14

4 business matters related to the contract. Service providers should avoid bringing families or individuals as the CLBC complaints process is available for families and individuals. Both parties to a potential dispute agree that a timely response is essential and may mutually agree to shorten the time frame to less than 60 days. Reporting by Service Providers a. Agreement on reporting as outlined in Schedule of the Terms and Conditions. b. Changes were made to the materials prior to the orientation session for service providers which have begun. Service providers have agreed to follow the Monitoring Framework requirements as described in the Terms and Conditions and Schedule D. c. Neither party will support requirements from local CLBC offices that are outside of the Monitoring Framework list of requirements that we have already agreed to. In other words, we will not support additional expectations being imposed on service providers to complete new forms. d. CLBC retains the right under the terms and conditions to review service provider documentation when issues or concerns are raised about the service (Section 11 Verification). Reviewing Contracts Service Redesign a. The BC CEO Network and CLAN will support the participation of their members in service redesign and renegotiation of contracts to assist CLBC in freeing up funds to reinvest for additional services. b. The BC CEO Network and CLAN would encourage their members to develop their own Service Redesign plans, rather than have CLBC representatives develop a Service Redesign plan on their behalf. c. Where appropriate the BC CEO Network and CLAN members would recommend individuals who might benefit from service redesign. d. The BC CEO Network and CLAN agreed that it would be in the best interests of the people we support to collaborate with CLBC on the communication going out, i.e.: letters, and/or meeting with people. e. The BC CEO Network would ask Network members to work collaboratively with CLBC representatives to ensure that the choices of people and their families are, or will continue to be honoured, and that these choices are responded to appropriately. f. Both parties to the negotiation seek to understand the others point of view. CLBC to revise the draft negotiations with service providers to reflect: Service providers will present Funding Guide Templates (FGT) for all contracted services in a timely way. Page 4 of 14

5 CLBC will not present altered FGT s to service providers. CLBC will make counter proposals to the costs presented by service providers in writing. Once agreement is achieved the service provider will make the necessary changes to the FGT so that it reflects the agreement. The issue of the level of support provided by staff funded through contracts will be negotiated based on the disability related needs of the people served. Specific job classifications will not be discussed in any service area. During negotiations CLBC staff and service providers will treat each other respectfully following the Guiding Principles for Working Together. g. CLBC, the person and their family working with the service provider would reach agreement on service redesign. h. Service Redesign- Enhance communication between CLBC and service providers: Increase local communication with service providers. CLBC will explain the Service Redesign initiative to people and their families. Ensure dialogue about issues occurs. Issues and concerns from service providers go directly to QS manager or DRO. CLBC and the BC CEO Network leadership meet together with service providers who are struggling. CLBC provide positive communication about what is working. CLBC coordinate service redesign plans by community so service providers work together to solve problems they cannot solve on their own. i. In establishing a common understanding of how negotiations occur on all the issues in this document service providers agree to work collaboratively and in a timely way with CLBC to find whatever savings possible to assist individuals and families. j. DRO s will coordinate the various managers involved to meet with a service provider who serves more than one CLBC area or region, to develop a plan for how they should work together. Providers should contact the DRO where they do the most business to initiate this process. k. The BC CEO Network and CLAN commit to working with their members to implement the above agreement. BC CEO Network and CLAN continue to support member s understanding. l. We would inform families and individuals who were not being approached about service redesign that their services would not be changing. Page 5 of 14

6 Administration a. The BC CEO Network and CLAN accept the 1997 Contract Reform administration guidelines as the basis for administration funding in the Funding Guidelines. b. CLBC agrees to work with the BC CEO Network, CLAN and other Ministries to establish a process to review administration funding, perhaps through GNPI. Non-Union Service Providers a. See page 11 for a summary of the agreement regarding non-union service providers represented by CLAN and the BC CEO Network. Home Sharing a. Home Sharing Agreement (see page 9 for details). b. Home Share Coordinator - Agreement that Home Sharing Coordinator will not be included in service levels. c. Home Share rates Joint project to review Shared Living/respite rates. d. To encourage the BC CEO Network members to consider offering, and overseeing Home Sharing as a residential option in their communities (if they are not already) to ensure we are providing as many residential choices as possible. e. Agreed that issues will be identified by the Home Sharing working groups for resolution at the provincial table. Issues include procurement processes and liability concerns. Facilities a. CLBC will use market rent as the basis for all new contracts. CLBC will create a project to review historical circumstances. b. CLBC, the BC CEO Network and CLAN will establish a small working group of 5-7 people with staff support to research and examine the impact of paying Fair market rent for facilities which are already funded. The purpose would be: To understand the costs associated with implementation. Complete analysis of the current situation looking at real circumstances. To clearly define Fair market rent and how it may be applied to existing contracts. c. Once we know the implications we can make decisions about whether to proceed and how. The working group will report out by October 31, d. The BC CEO Network and CLAN agree that their members will not delay negotiations due to issues related to facilities costs and CLBC will apply the Interim Guidance for Facilities costs while we are engaged in this process. Page 6 of 14

7 e. Until a decision has been taken about fair market rent CLBC will pay actual costs as described in the previously circulated presentation or reach mutually acceptable agreement on a fair market rent. f. If there is a dispute about the fair market rent value an independent professional assessor will be used to define the rental value in that community. CLBC and the service provider will share in the costs. g. If the provider does not want to use an independent assessor and mutual agreement cannot be achieved CLBC will pay actual costs based on documentation provided by the service provider. Payments a. Payment Date change - CLBC is moving to one system for payment effective April 1, All contracts will now be paid on the same date prior to the middle of the month. CLBC will adjust the payment date for those service providers that experience a hardship. b. Partial month payments - Partial month calculator adopted. Page 7 of 14

8 Appendix 1 Community Living BC Funding Guide Negotiated Rates Effective for new contracts, contract renewals and contract modifications after June 30, 2010 Category Item Agreement Direct Staff Wage Rates Supervision Benefits Grid Level 3.75 Hours reported in Service Levels? Ratio of supervisors to direct staff Yes one to 8 FTE of Direct staff Supervision Pay rate $26.57 Supervisor backfill provided? included in above rate Hours reported in Service Levels? No Summary Rates CPP & EI 6.87% Residential Worksafe BC - Residential Services 2.50% 16.85% Worksafe BC - Non-Residential Services 1.53% Non-Res EHC/Dental/MSP/Life/AD&D 7.48% 15.88% LTD RRSP/MPP actual service provider rate actual service provider rate Vacation 7.83% Sick 3.46% Backfill of Direct Staff Education & Training 2.54% Benefits on Backfill Facility Costs Statutory Holidays - Residential 6.35% Statutory Holidays- Non-residential CPP, EI & Worksafe - Residential 9.37% Residential CPP, EI & Worksafe - Non-residential 8.40% 20.18% N/A In-lieu Benefits 10.20% Non-Res Incremental Benefits for Part Time staff 0.61% 19.21% Existing facilities New facilities existing costing, pending further analysis market rent Actual Residential 20.18% Non-Res 13.83% Superior wages and benefits Administration Staff in place prior to April 01, 2004 and grandfathered under the CCSEA Collective Agreement % applied to the total of direct wages, supervision, benefits, backfill and program costs actual costs for eligible employees Microboards - 3% other service providers - up to 10% Page 8 of 14

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