Section 704 - Results-based contracts -- Board duties.

UT Code § 63J-4-704 (2019) (N/A)
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(1) (a) The board may negotiate and enter into a results-based contract with a fiscal intermediary to provide payments to the fiscal intermediary upon the successful achievement of specific outcome measures in accordance with Subsection 63J-4-706(2)(i) and the other requirements of this part. (b) The board may not issue a results-based contract that would cause the total outstanding obligations under this part to exceed $15,000,000.

(a) The board may negotiate and enter into a results-based contract with a fiscal intermediary to provide payments to the fiscal intermediary upon the successful achievement of specific outcome measures in accordance with Subsection 63J-4-706(2)(i) and the other requirements of this part.

(b) The board may not issue a results-based contract that would cause the total outstanding obligations under this part to exceed $15,000,000.

(2) A results-based contract shall include: (a) a requirement that the repayment to the fiscal intermediary be conditioned on specific performance outcome measures described in the results-based contract and in accordance with this part; (b) a requirement for an independent evaluator to determine whether the performance outcome measures have been achieved; and (c) a provision that payment to the program intermediary is: (i) based upon available money in the restricted account at the time of payment; and (ii) subject to legislative appropriation.

(a) a requirement that the repayment to the fiscal intermediary be conditioned on specific performance outcome measures described in the results-based contract and in accordance with this part;

(b) a requirement for an independent evaluator to determine whether the performance outcome measures have been achieved; and

(c) a provision that payment to the program intermediary is: (i) based upon available money in the restricted account at the time of payment; and (ii) subject to legislative appropriation.

(i) based upon available money in the restricted account at the time of payment; and

(ii) subject to legislative appropriation.

(3) The board shall select an independent program evaluator that: (a) is a research organization; (b) has experience conducting research in labor economics; (c) has experience in conducting experimental or quasi-experimental design or other research methodologies as described in Subsection 63J-4-706(2)(j) that allow for the strongest possible causal inferences to determine whether the initiative has met the initiative's proposed outcomes; and (d) has access to state data required to implement the evaluation design.

(a) is a research organization;

(b) has experience conducting research in labor economics;

(c) has experience in conducting experimental or quasi-experimental design or other research methodologies as described in Subsection 63J-4-706(2)(j) that allow for the strongest possible causal inferences to determine whether the initiative has met the initiative's proposed outcomes; and

(d) has access to state data required to implement the evaluation design.

(4) (a) In accordance with timelines established in a results-based contract, the independent evaluator shall implement an experimental or quasi-experimental evaluation design to determine whether the performance outcome measures set in the results-based contract have been met. (b) If the independent evaluator determines under Subsection (4)(a) that the performance outcome measures have been met, the board shall pay the fiscal intermediary according to the terms of a results-based contract.

(a) In accordance with timelines established in a results-based contract, the independent evaluator shall implement an experimental or quasi-experimental evaluation design to determine whether the performance outcome measures set in the results-based contract have been met.

(b) If the independent evaluator determines under Subsection (4)(a) that the performance outcome measures have been met, the board shall pay the fiscal intermediary according to the terms of a results-based contract.

(5) (a) The eligible program provider described in Section 63J-4-705 shall ensure that each participant in a program funded in a results-based contract has given written permission and signed an acknowledgment that the participant's data may be shared with a fiscal intermediary, an independent evaluator, and the office for evaluation and reporting purposes. (b) The board shall maintain a record of each written permission and signed acknowledgment described in Subsection (5)(a).

(a) The eligible program provider described in Section 63J-4-705 shall ensure that each participant in a program funded in a results-based contract has given written permission and signed an acknowledgment that the participant's data may be shared with a fiscal intermediary, an independent evaluator, and the office for evaluation and reporting purposes.

(b) The board shall maintain a record of each written permission and signed acknowledgment described in Subsection (5)(a).

(6) As further described in Section 63J-4-705, for an education, employability training, and workforce placement program funded under this part, the board shall: (a) select an eligible program provider; (b) consider the recommendations of the programmatic intermediary in selecting an eligible program provider; and (c) engage the services of the programmatic intermediary to complete a feasibility analysis in accordance with Section 63J-4-706 to assess the viability of the board entering into a results-based contract with the selected eligible program provider.

(a) select an eligible program provider;

(b) consider the recommendations of the programmatic intermediary in selecting an eligible program provider; and

(c) engage the services of the programmatic intermediary to complete a feasibility analysis in accordance with Section 63J-4-706 to assess the viability of the board entering into a results-based contract with the selected eligible program provider.

(7) The board, with the assistance of the office and other state agencies that provide services to eligible participants, may cooperate with an eligible program provider to identify and refer eligible participants for the program.