HomeMy WebLinkAboutbocc.con.083.2014 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 83-2014
ORIGINATING DEPARTMENT: Health and Human Services
PROCUREMENT OFFICER: Nan Sundeen PHONE #: 5209
PROJECT NAME: Child Support Enforcement CONTRACTOR: Garfield County
(,,000 i tecy:' -mil✓. ��h
DOLLAR AMOUNT: $15,000.00 LINE ITEM# 112.47.00000.82075
CONTRACT EXECUTION DATE: 1/20/2014 CONTRACT END DATE: 12/31/2014
AUTOMATIC RENEWAL: ® YES ❑ NO TERM:
BOCC AGENDA ITEM (Grants, IGA) ❑ STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER $50,000 (Requires Se on Leader&County Manager's Signature)
O ' ! 1C A . d trz4vl,-i 7 i
V CHECK PROCUREMENT TYPE:
❑ None ❑ Informal ❑ Formal ® Sole Source ❑ Emergency ❑ Outside Agency/State Bid
❑ Compliance with C.R.S. 8-17-5-101, 102 as amended (Immigration Form) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
•
Z Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑ Non-Profit
❑ Construction ❑ Quasi-Public (e.g.-AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance& Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ® No Pages Missing in All Other Blanks Filled In
✓ ❑ If Page Left Intentionally Blank—Note on Page ✓❑ All Exhibits Attached
✓ ❑ Page numbered consecutively in All Legal Descriptions attached of applicable)
✓ ® All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable)
✓ Z All Dates Filled In in Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Nan Sundeen
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract# Rev 8.2 5.I/jaa
Budget Line Item #
PITKIN COUNTY
SOLE SOURCE PROCUREMENT
JUSTIFICATION REQUEST
TO: Jon Peacock, County Manager
DATE: 2.14.14
FROM: Nan Sundeen
Proposed Contractor: Garfield County Product/Service: Child Support Enforcement
Estimate expenditure for the above construction service: $ 15,000
This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of
this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original
manufacturer, no regional distributor, standardization etc):
Explain:
Child Support Enforcement is a specialized service that only Counties perform. Garfield County is willing to
perform these duties for Pitkin County.
The undersigned requests that Pitkin County waive other procurement requirements and recognize this
transaction as a sole source exception to the Pitkin County Procurement Code.
I `'_
Department Head Date Section Head \ Date
Approved Denied Reason for Denial:
Jon Peacock, County Manager Date
Note: Every effort should be made to obtain a written contract when otherwise required under County
procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract
with coversheet to clerk's office for archiving.
1
Pitldn County Contract Number
Department of Human Services
•
CHILD SUPPORT ENFORCEMENT PURCHASE OF SERVICES AGREEMENT
1. { } Competitive Sealed Bid or Competitive Negotiation
? { X} Small Purchase, less than 525;000
3. { } Sole source (attach explanation)
4. { } Public emergency(attach explanation)
Date procured: / /
This Agreement is executed as of January 1, 2014 by and between the Board of County Commissioners of
Pitkin County acting on behalf of the Pitkin County Department of Human Services (hereinafter
"Department") and the Garfield County Department of Human Services (hereinafter"Contractor");
This Agreement shall be in effect from January 1, 2014 through December 31, 2014 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: I) 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 r ) assist in other
child support enforcement matters of common concern to the Departn tractor, and the
Contractor desires to enter into such an agreement with the Department;
The Department and the Contractor therefore agree as follows: FEB 1 2 2014
PITKIN COuNTV.
1. Statement of Mork
HEALTH&HUMAN SERVICES
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
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.
CSE-3(REVISED 01/09)
CSE -AGREEMENT FOR SERVICES PAGE 2
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 IV-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
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
CSE -AGREEMENT FOR SERVICES PAGE 3
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
data remaining in any storage component will be safeguarded to prevent unauthorized
disclosures.
CSE -AGREEMENT FOR SERVICES PAGE 4
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 ate 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.
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
CSE -AGREEMENT FOR SERVICES PAGE 5
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.
DEPARTMENT:
PITKIN COUNTY DEPARTMENT OF
HUMAN SERVICES
1 C Y Ci■12.2-4 \/ ill ii`Vim//_-li t 1 t 12i(I 7
an Sundeeri;Director Date
•
, Chairman Date
CONTRACTOR:
BOARD OF I COMMISSIONERS
OF GARFIE D CO TY, COLORADO
Board of County Commissioners
of Garfield County, Colorado
_
/ a() / 108.8`' Street, Suite 213
yrati_ Glenwood Springs, CO 81601
John ♦ - Date' (970)945-1377
Mike Samson, e nb r Date
reDA c
Tom Jankovsky, ber Date
APPROVED AS TO FORM:
y
Mary :ayd/ian,Director Date
Garfield County Department of Human Servicesf the Board of County
Commissioners resolves to empower the Chairperson of the Board of County
Commissions to enter into this agreement for the County Commissioners, then a
copy of the Board's resolution to do so must be attached.
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;
Paternity percent percentage; Percent of current support paid; percent of IV-D cases paying on
arrears; medical support and percent 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.
CSE -AGREEMENT FOR SERVICES PAGE 8
EXHIBIT II •
AGREEMENT BUDGET
FOR PERIOD OF JANUARY 1, 2013 THROUGH DECEMBER 31, 2013
Fee Schedule:
I. Cost per service $ 6,000.00
2. Type of Service: Personnel and attorney costs.
3. Other
4. TOTAL EXPENSES $ 6,000.00
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CSE -AGREEMENT FOR SERVICES PAGE 9
EXHIBIT 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.
I. All IV-D functions must be performed in accordance with the approved State Plan and all relevant
Federal and State legislation and regulations.
EXHIBIT IV
SPECIAL PROVISIONS
The Pitkin County Department of Human Services will remit to the Contractor (Garfield County
Department of Human Services) any and all child support incentives received for child support
service activities conducted during the time this contract is in effect.
EMERGENCY RESOLUTION OF TTTE BOARD OF COUNTY
COMMISSIONERS
OF PITKIN COUNTY, COLORADO, ACTING ON BEHALF OF THE PITKIN
COUNTY DEPARTMENT OF HEALTH AND 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) FOR THE PROVISION OF
CHILD SUPPORT ENFORCEMENT SERVICES
RESOLUTION NO. /// -2013
RECITALS:
1. 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 within the meaning of Federal regulations; and
2. 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.
3. 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.
4. The Pitkin County Board of County Commissioners agrees that it will further
he in the best interest of the Department and the citizens of Pitkin County to extend this
agreement for five (5) years, authorizing the Health and Human Services Director to
initiate and sign the contract annually. providing funds are available and appropriated
through the annual budget process.
•
S. In order to ensure the provision of unterrupted Child Support Enforcement
Services, the Board of County Commissioners finds that adoption of this resolution as an
emergency is in the best interest of the public health, safety and welfare of citizens of
Pitkin County.
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 he authorized to execute such agreement on behalf of Pitkin County.
INTRODUCED AND ADOPTED ON THE 19TH DAY OF DECEMBER, 2012.
NOTICE OF CONFIRMATORY HEARING PUBLISHED IN THE ASPEN TIMES
• WEEKLY ON THE 27TH DAY OF DECEMBER, 2012
FULL, TEXT OF THE RESOLUTION POSTED ON THE OFFICIAL PITK.IN
COUNTY WEBSITE ON DECEMBER 27, 2012.
CONFIRMED AT A PUBLIC HEARING ON JANUARY 9,2013.
PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY AND POSTED ON TILE PITKIN COUNTY OFFICIAL.
WEBSITE ON JANUARY 17, 2013
,A EST: r\ BOARD OF COUNTY COMMISSIONERS
ff OF PJTKIN COUNTY, COLORADO
i
Jyanette Jones ./ (//e e '4-i ; , Chair
Deputy Clerk &J./Recorder
Date: /- 0__: YS _
APPROVED AS TO FORM: MANAGER APPROVAL:
/
lohn Eh. Countv_Attc"rney .Ion Peacock, 1ounty Manager
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