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HomeMy WebLinkAboutbocc.res.009.2012 CONTRACT # C. 6 w cd ) RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ACTING ON BEHALF OF THE PITKIN COUNTY DEPARTMENT OF HUMAN SERVICES ( "DEPARTMENT ") APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, ACTING ON BEHALF OF THE GARFIELD COUNTY DEPARTMENT OF HUMAN SERVICES ( "GCDHS) RESOLUTION NO. -2012 RECITALS: Whereas, the Pitkin County Department of Human Services ( "Department ") , under Part D of Title IV of the Social Security Act, 45 CFR 92, 232, 301 through 307, and 26 -13- 101, et. seq., C.R.S., had been delegated responsibility for the development and implementation of a program to secure support and establish paternity for any person(s) eligible for IV -D services (Child Support Enforcement) within the meaning of Federal regulations; and Whereas, the Department desires to enter into an agreement with the Garfield County Department of Human Services ( "GCDHS ") to: 1) assist the Department in providing the services necessary to establish paternity, establish support obligations, and secure support for any person(s) eligible for IV -D services within the meaning of Federal regulations, and 2) assist in other child support enforcement matters of common concern to the Department and GCDHS, and GCDHS desires to enter into such an agreement with the Department; and, Whereas, the Pitkin County Board of County Commissioners agrees that it will be in the best interest of the Department to enter into an Intergovernmental Agreement ( "agreement ") with Garfield County for the provision of services as described in the "Statement of Work" attached as Exhibit I to the agreement. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that Pitkin County enter into an Intergovernmental Agreement with Garfield County for the provision of services described in the agreement and that the Chair be authorized to execute such agreement on behalf of Pitkin County. 3 1 INTRODUCED AND FIRST READ ON THE 10 DAY OF JANUARY, 2012. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 12 DAY OF JANUARY, 2012. FULL TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE ON JANUARY 13, 2012. ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON JANUARY 25, 2012. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY AND POSTED ON THE PITKIN COUNTY OFFICIAL WEBSITE ON FEBRUARY 2, 2012. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO \0/ C44) By 406 it J-;ette Jones / Michael M. Owsley, Chair D-puty Clerk & Recorser Date: / ' APPROVED AS TO FORM: MANAGER APPROVAL: John Ely, C.. IFF Jon Peacock, County Manager 4 n Garfield County Contract Number Board of County Commissioners of Garfield County # t 4" - a/ t- On behalf of Garfield County Department of Human Services CHILD SUPPORT ENFORCEMENT PURCHASE OF SERVICES AGREEMENT 1. { } Competitive Sealed Bid or Competitive Negotiation 2. {X} Small Purchase, less than $25,000 3. { } Sole source (attach explanation) 4. { } Public emergency (attach explanation) Date procured: / / This Agreement is executed as of January 1, 2012 by and between the Board of County Commissioners of Garfield County acting on behalf of the Garfield County Department of Human Services (hereinafter "Contractor ") and the Pitkin County Department of Social Services (hereinafter "Department "); This Agreement shall be in effect from January 1, 2012 through December 31, 2012 and shall not exceed twelve (12) months. The Department, under Part D of Title IV of the Social Security Act, 45 CFR 92, 232, 301 through 307, and 26 -13 -101, et. seq., C.R.S., has been delegated responsibility for the development and implementation of a program to secure support and establish paternity for any person(s) eligible for IV-D services within the meaning of Federal regulations, and The Department desires to enter into an agreement with the Contractor to: 1) assist the Department in providing the services necessary to establish paternity, establish support obligations, and secure support for any person(s) eligible for IV-D services within the meaning of Federal regulations, and 2) assist in other child support enforcement matters of common concern to the Department and the Contractor, and the Contractor desires to enter into such an agreement with the Department; The Department and the Contractor therefore agree as follows: 1. Statement of Work Services shall be provided by the Contractor in compliance with Exhibit I "Statement of Work," hereby attached and incorporated by reference. 2. Payment a. Payment shall be made on the basis of Exhibit II, "Agreement Budget," hereby attached and incorporated by reference. The Agreement Budget shall establish the maximum reimbursement which will be paid from combined county and federal funds during the duration of this agreement. b. The Contractor shall submit an itemized monthly billing to the Department for all costs incurred pursuant to Exhibit I of this agreement in accordance with the rules and regulations of the Department. The Contractor shall submit all itemized monthly billings to the Department prior to the sixth (6) day of the month following the month the cost was incurred. Billings must be signed by the Contractor. c. Payments to the Contractor shall be made monthly by the Department upon receipt of such itemized billings of costs as identified in Exhibit II. d. Reimbursement of costs incurred pursuant to this agreement is expressly contingent upon the availability of federal funds to the Department. e. The Department shall not be billed for, and reimbursement shall not be made for, time involved in activities outside of those defined in Exhibit I. 3. Termination for Convenience or for Cause CSE -3 (REVISED 01/09) CSE - AGREEMENT FOR SERVICES PAGE 2 This agreement may be terminated with or without cause by either party upon written notice of at least thirty (30) days, and if the termination is for cause the notice shall cite the reason(s) for termination. Upon such termination, the Contractor shall furnish to the Department, as property of the Department, all property, records and pertinent information which the Department provided under this agreement. Upon receipt of said items, the Department shall pay the Contractor for actual costs incurred through the date this agreement is terminated in accordance with section 2 "Payment" of this agreement. 4. Amendment This agreement may be amended by mutual consent, provided that the amendment is written on Form CSE-4, properly executed and made a part of this agreement. 5. Reports, Records, and Retention Periods The Contractor shall maintain such records as are deemed necessary pursuant to the Departments' rules to assure a proper accounting for all costs and funds collected. These records shall be made available for audit purpose to the U.S. Department of Health and Human Services, the State Department, or the County Department, and shall be retained for three (3) years after the expiration of this agreement or until after an audit is completed unless permission to destroy them is granted by the Department. The Contractor shall submit financial, program progress and other reports as requested by the Department. 6. Equipment Purchased with Federal, State and County Money Title to all equipment acquired by the Contractor under this agreement at a cost of $5000 or more for which the Contractor is reimbursed by the Department shall vest in the Department. Upon termination of this agreement, the Department may require the Contractor to deliver to the Department any such equipment acquired for the performance of this agreement. 7. Confidentiality Information provided by the Department for purposes of this agreement shall be used only for the purpose intended and in accordance with federal and state laws and regulations. 8. Political Activities None of the funds, materials, property, personnel or services contributed by the Department under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office in a manner which would constitute a violation of five (5) U.S.C. Sections 1501 et. seq. 9. Safeguarding Information The Contractor shall provide for the security of information collected pursuant to this agreement and as provided in the rules and regulations of the Department. This includes protection of the confidentiality of all records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this agreement. 10. Compliance with Applicable Laws The Contractor shall at all times during the execution of this agreement strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be amended. This includes, without limitation, Title 1V -D of the Social Security Act (Title 45 Code of Federal Regulations), Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Education Amendments of 1972, and all regulations applicable to these laws prohibiting discrimination because of race, color, national origin, handicap, age, sex and religion. The Contractor certifies that it shall comply with the provisions of CRS 8 -17.5 -101 et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this y CSE - AGREEMENT FOR SERVICES PAGE 3 contract. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8- 17.5- 102(2)(b). The Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8 -17.5 -102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8 -17.5 -101 et seq., shall be cause for termination for breach and the Contractor shall be liable for actual and consequential damages. 11. Studies and Investigations All official reports of cases, recoveries, investigations, studies, etc., made as a result of this agreement shall acknowledge the support provided by the Department of Health and Human Services. 12. Subcontracts No subcontract shall be made by the Contractor with any other party for furnishing any services contracted for without the prior written consent and approval of the Department. For services provided under any subcontract, the Contractor shall be responsible for contract performance and compliance with the terms and conditions of this agreement. The Contractor shall select subcontractors on a competitive basis to the maximum practical extent consistent with the objectives and requirements of this agreement. 13. Performance Standards/Independent Contractor The Department and Contractor shall define standards of performance that will allow for an accurate display of the services being provided by the Contractor. In order to demonstrate that the Contractor is free from control and direction in the performance of the services under this contract and that the Contractor is customarily engaged in an independent trade, occupation, profession, or business related to the services performed pursuant to this Contract, the parties to this agreement acknowledge the following: The standards are agreed upon expectations and are not to be construed as control and direction from the Department, but, rather, as an understanding of the anticipated performance of the Contractor. Performance standards shall be provided pursuant to Exhibit III "Performance Standards," hereby attached and incorporated by reference. 14. Responsibility for Conduct of Individuals The Contractor is solely responsible for the conduct of individuals employed by and under the direct supervision or control of the Contractor. 15. Federal Tax Information a. In performance of this contract, the contractor agrees to comply with and assume responsibility for compliance by his or her employees with the following requirements: 1) All work will be done under the supervision of the contractor or the contractor's employees. 2) Any Federal tax return or return information made available in any format shall be used only or the purpose of carrying out the provisions of this contract. Information contained in such material will be treated as confidential and will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an officer or employee of the contractor will be prohibited. 3) All returns and return information will be accounted for upon receipt and properly stored before, during, and after processing. In addition, all related output will be given the same level of protection as required for the source material. 4) The contractor certifies that the data processed during the performance of this contract will be completely purged from all data storage components of his or her computer facility, and no output will be retained by the contractor at the time the work is completed. If immediate purging of all data storage components is not possible, the contractor certifies that any IRS CSE - AGREEMENT FOR SERVICES PAGE 4 data remaining in any storage component will be safeguarded to prevent unauthorized disclosures. 5) Any spoilage or any intermediate hard copy printout that may result during the processing of IRS data will be given to the agency or his or her designee. When this is not possible, the contractor will be responsible for the destruction of the spoilage or any intermediate hard copy printouts, and will provide the agency or his or her designee with a statement containing the date of destruction, description of material destroyed, and the method used. 6) All computer systems processing, storing, or transmitting Federal tax information must meet ISO STD 15408, called common criteria - functional (Protection Profile) and assurance (EAL). To meet functional and assurance requirements, the operating security features of the system must have the following minimum requirements: a security policy, accountability, assurance, and documentation. All security features must be available and activated to protect against unauthorized use of and access to Federal tax information. 7) No work involving Federal tax information furnished under this contract will be subcontracted without prior written approval of the IRS. 8) The contractor will maintain a list of employees' authorized access. Such list will be provided to the agency and, upon request, to the IRS reviewing office. 9) The agency will have the right to void the contract if the contractor fails to provide the safeguards described above. b. Criminal/Civil Sanctions 1) Each officer or employee or any person to whom returns or return information is or may be disclosed will be notified in writing by such person that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as 5 years, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized further disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure. These penalties are prescribed by IRC sections 7213 and 7431 and set forth at 26 CFR 301.6103(n) -1. 2) Each officer or employee or any person to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone without an official need to know constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as $1,000 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person shall also notify each such officer and employee that any such unauthorized inspection or disclosure of returns or return information may also result in an award of civil damages against the officer or employee [United States for federal employees] in an amount equal to the sum of the greater of $1,000 for each act of unauthorized inspection or disclosure with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection or disclosure plus in the case of a willful inspection or disclosure which is the result of gross negligence, punitive damages, plus the costs of the action. These penalties are prescribed by IRC section 7213A and 7431. 3) Additionally, it is incumbent upon the contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5 U.S.C. 552a(i)(1), which is made applicable to contractors by 5 U.S.C. CSE - AGREEMENT FOR SERVICES PAGE 5 552a(m)(1), provides that any officer or employee of a contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established hereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. c. Inspection 1) The IRS and the Agency shall have the right to send its officers and employees into the offices and plants of the contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, specific measures may be required in cases where the contractor is found to be noncompliant with contract safeguards. 15. Indemnification and Hold Harmless The contractor shall at all times remain independent and not be employed by the Department. Contractor shall be solely liable for its acts and omissions and those of its employees or agents in the performance of this contract. Contractor agree to defend, indemnify, and hold harmless the Department, its agents, and employees from all claims, demands, suits, or legal action or proceedings arising from contractor's performance under this contract. 16. Insurance and Licenses The contractor shall maintain current all applicable insurance and licenses required by law to carry out the service of this contract. • CSE - AGREEMENT FOR SERVICES PAGE 6 The Department and Contractor have therefore caused this agreement to be executed by their respective officers duly authorized to do so. CONTRACTOR: BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO Board of County Commissioners Of Garfield County, Colorado 4 ��.. ,. /Z /9 // 108 8 Street, Suite 213 Date Glenwood Springs, CO 81601 (970) 945 -1377 Mike Sam-111FA Date c 1 / la /19 iii Tom Jankovs f e 4 Date DEPARTMENT: PITKIN COUNTY DEPARTMENT OF SOCIAL SERV \/ .:.: ? f 2. ' �t,.. , \ � - C ' Nan Sundeen, Director Date Atuteafi, ef 1 Chairman , late APPROVED AS TO FORM: M., Bayd.: 'an, D . ctor bate Garfield Co Department of Human Services F CSE - AGREEMENT FOR SERVICES PAGE 7 EXHIBIT I STATEMENT OF WORK The Contractor shall provide the following services: Paternity and child support will be established using the appropriate methods on all eligible cases. Enforcement actions will be taken according to status of case. Computer system will be maintained with the current information and reports will be worked each month. Cases will be worked with the goal of meeting all of the performance goals that are established by the State; PEP, % of current support paid, % of IV -D cases paying on arrears, medical support and % of IV -D cases with support orders. It is specifically understood that the Contractor uses the services of the Garfield County Attorney's office to represent the People of the State of Colorado /the Contractor in paternity and child support enforcement judicial cases. The parties understand and agree that the Department will also be represented by the Garfield County Attorney's Office under the terms of this agreement. 9 CSE - AGREEMENT FOR SERVICES PAGE 8 EXHIBIT II AGREEMENT BUDGET FOR PERIOD OF JANUARY 1, 2012 THROUGH DECEMBER 31, 2012 Fee Schedule: 1. Cost per service $ 6,000.00 2. Type of Service: Personnel and attorney costs. 3. Other 4. TOTAL EXPENSES $ 6,000.00 ,6 CSE - AGREEMENT FOR SERVICES PAGE 9 EXIIIBIT III PERFORMANCE STANDARDS List standards of performance that are understood and expected to be performed by the Contractor. These are not intended to control or direct the Contractor, but only to define expectations. 1. All IV -D functions must be performed in accordance with the approved State Plan and all relevant Federal and State legislation and regulations. 1 /