HomeMy WebLinkAboutbocc.con.256.20 - BOCC Contract No. 256.2020
(Attached)
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO AUTHORIZING,AN
INTERGOVERNMENTAL AGREEMENT FOR THE
PROVISION OF CHILD SUPPORT SERVICES FOR
THE CITIZENS OF PITKIN COUNTY BY GARFIELD
COUNTY
RESOLUTION NO. 110 , 2020
RECITALS
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule
Charter("HRC") official action by formal resolution shall be required for all actions of the
Board not requiring ordinance power on matters of significant importance affecting
citizens, and;
WHEREAS,This Agreement is entered into pursuant to,inter alia, C.R.S. §§29-1-201,
et seq., and Article XIV, Section 18 of the Colorado Constitution.
WHEREAS, under Part D of Title IV of the Social Security Act and the related
administrative requirements ("IV-D"), Pitkin County 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
WHEREAS, Pitkin County desires to enter into an agreement with Garfield County
to assist Pitkin County 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
WHEREAS,the Board of County Commissioners of Pitkin County finds that it
is in the best interests of the citizens of Pitkin County to enter into this agreement with
Garfield County because of the efficiencies and excellent service provided historically
by Garfield County of this essential service that benefits and supports Pitkin County
families by reducing poverty and stimulating the local economy, and;
WHEREAS, Garfield County desires to enter into an agreement with Pitkin County
to assist in child support enforcement matters of common concern to the parties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that it hereby adopts an intergovernmental agreement for Garfield
County to provide child support services for citizens of Pitkin County and authorizes the
Chair to sign the agreement and upon the satisfaction of the County Attorney as to form,
execute any other associated documents necessary to complete this matter. Further,
authorization is granted for the Director of Human Services to sign all future agreements to
this intergovernmental agreement with approval of such by the County Manager and
County Attorney. 1
INTRODUCED AND FIRST READ ON THE_2nd DAY
OF_December , 2020 AND SET FOR SECOND READING AND
PUBLIC HEARING ON THE 16th DAY OF December 2020.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE_3rd
DAY OF December , 2020.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.pitkincounty.com)
ON THE_3rd DAY OF December 2020.
ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE_16th
DAY OF December 2020.
PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE 24th DAY OF December , 2020.
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICIAL PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THE_17th DAY
OF_December 2020.
ATTEST: BOARD OF COUNTY COMMISSIONERS
By 3binLS By: S4e.veA F. CLAIA
Jeanette Jones Steven F. Child, Chair
Deputy County Clerk sec-18-2020
Date:
APPROVED AS TO FORM: MANAGER APPROVAL
5oliw Et/ P( /GS hattitt,
John Ely, County Attorney Phylis Mattice for Jon Peacock, County
Manager
Effective 01-01-2020
2
ATTACHMENT B Contract No. 256.2020
INTERGOVERNMENTAL AGREEMENT
FOR THE PROVISION OF CHILD SUPPORT SERVICES FOR THE CITIZENS OF
PITKIN COUNTY BY GARFIELD COUNTY
This Intergovernmental Agreement ("Agreement") is made by and between the Board of
County Commissioners of Pitkin County, on behalf of the Pitkin County Depaituient of Human
Services("Pitkin County"),and the Board of County Commissioners of Garfield County Colorado,
on behalf of the Garfield County Department of Human Services ("Garfield County"), effective
January 1, 2021 no matter the date of execution by the parties.
RECITALS
WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et
seq., and Article XIV, Section 18 of the Colorado Constitution.
WHEREAS, under Part D of Title IV of the Social Security Act and the related
administrative requirements ("IV-D"), Pitkin County 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
WHEREAS, Pitkin County desires to enter into an agreement with Garfield County to
assist Pitkin County 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
WHEREAS,the Board of County Commissioners of Pitkin County fmds that it is in
the best interests of the citizens of Pitkin County to enter into this agreement with Garfield
County because of the efficiencies and excellent service provided historically by Garfield
County of this essential service that benefits and supports Pitkin County families by
reducing poverty and stimulating the local economy, and;
WHEREAS, Garfield County desires to enter into an agreement with Pitkin County to
assist in child support enforcement matters of common concern to the parties.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
set forth herein, the parties agree as follows:
1. Incorporation and Confirmation of Recitals. The foregoing recitals are incorporated
as part of this IGA.
2. Purpose. Garfield County shall provide services as identified in the Scope of Work
attached hereto and incorporated herein as Exhibit A (the"Scope of Services").
3. Term. This Agreement shall be for the period beginning January 1, 2021 and ending
December 31, 2021.
4. Responsibilities and Costs.
a. Pitkin County Responsibilities. Pitkin County shall reimburse Garfield County in an
amount not to exceed fifteen thousand dollars($15,000.00),as set out on Exhibit B attached hereto
and incorporated herein, its allowable costs for the services provided under this Agreement from
combined county and federal funds during the term of this Agreement. Pitkin County will remit
to Garfield County any and all child support incentives received for child support service activities
conducting during the term of this Agreement.
b. Garfield County Responsibilities. Garfield County shall submit a detailed signed and
itemized invoice to Pitkin County monthly for all costs incurred pursuant to this Agreement prior
to the fifteenth (15th) day of the month following the month the costs were incurred. Payments
will be made to Garfield County monthly. Reimbursement of costs incurred pursuant to this
Agreement is expressly contingent upon the availability of federal funds to Pitkin County. Pitkin
County shall not be billed for,and reimbursement shall not be made for,time involved in activities
outside of those listed in the Scope of Services.
5. Confidentiality. Garfield County shall protect the confidentiality of all records and
other materials containing personal identifying information that are maintained in accordance with
this Agreement pursuant to applicable state and federal laws and regulations. Except as provided
by law,no information,including identifying information,in possession of Garfield County about
any individual shall be disclosed in any form (excluding Pitkin County, for administrative
purposes).
6. Insurance and Licenses. Garfield County shall maintain all applicable insurance and
licenses required by law to carry out the purpose of this Agreement.
7. Records, Reports and Information. At such times and in such forms as Pitkin
County and the federal and state Departments of Human Services may require, Garfield County
shall furnish statements,records,reports,data and other information pertaining to matters covered
by this Agreement. Garfield County shall maintain its records in accordance with any
requirements prescribed by Pitkin County. Except as otherwise authorized,Garfield County shall
maintain such records for a period of three(3)plus the current year after receipt of final payment
under this Contract.
8. Audits and Inspections. At any time during normal business hours and as often as
Pitkin County may deem necessary, Garfield County shall make its records with respect to
matters covered by this Agreement available for examination. Garfield County shall permit
Pitkin County to audit, examine, and make excerpts from such records and audit all data relating
to this Contract. Pitkin County may call for a certified, independent audit to be performed, at
Garfield's expense,by a mutually agreed upon auditor. Both counties agree to an annual site visit
to be conducted on a date and time agreed upon by both parties to review the state of the program.
9. Performance Standards, Independent Contractor. The parties agree that all IV-D
functions are to be performed in accordance with the approved state plan and all relevant federal
and state legislation and regulations. These standards are agreed upon expectations and are not to
be construed as control and direction from Pitkin County but, rather, as an understanding of the
anticipated performance of Garfield County. Garfield County is solely responsible for the conduct
of individuals employed by and under its direct supervision or control.
10. Federal Tax Information.
a. In performance of this Agreement, Garfield County agrees to comply with and assume
responsibility for compliance by its employees with the following requirements:
1) All work will be done under the supervision of Garfield County or its 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 Agreement. 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 Agreement.Disclosure to anyone other than an officer or employee
of Garfield County 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) Garfield County certifies that the data processed during the term of this Agreement will
be completely purged from all data storage components of their applicable computer
facility, and no output will be retained by Garfield County at the time the work is
completed. If immediate purging of all data storage components is not possible,
Garfield County certifies that any IRS 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 its designee. When this is not
possible, Garfield County 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 Agreement will be
subcontracted without prior written approval of the IRS.
8) Garfield County 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 Agreement if Garfield County 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 Agreement. 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 Agreement. 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 Garfield County 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 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 Pitkin County shall have the right to send its officers and employees into
the offices and plants of Garfield County for inspection of the facilities and
operations provided for the performance of any work under this Agreement. On the
basis of such inspection, specific measures may be required in cases where Garfield
County is found to be noncompliant with contract safeguards.
11. No Joint Venture. Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer/employee or other relationship between the parties other than
independent contracting parties. Except as permitted under the remedies provision,no party shall
have the express or implied right to act for,on behalf of,or in the name of the other party. Nothing
in this Agreement shall irrevocably commit or bind any party individually or the parties
collectively.
12. Subcontract, Assignment, and No Third-Party Beneficiaries. Garfield County
shall not subcontract with another individual or entity for performance of the services described
in Section 1,above,and shall not assign or transfer any rights in this Agreement without the prior
written consent of Pitkin County, unless authorized to subcontract for specific services as set
forth on Attachment A. The work subcontracted shall be specified in a written agreement
between Garfield County and its subcontractor(s), which agreement(s) shall be subject to each
provision of this Agreement. Enforcement of the terms and conditions of this Agreement and all
rights of action relating thereto are strictly reserved to Pitkin County and Garfield County and
nothing contained in this Agreement shall give or allow any such right of action to any third party.
13.Independent Contract Status
a) The parties to this IGA intend that the relationship between them contemplated by the IGA is
that of independent contractor. Garfield County, and any agent, employee, or servant of
Garfield County shall not be deemed to be an employee, agent, or servant of Pitkin County.
b) Garfield County is not required to offer his services exclusively to Pitkin County under this
IGA. Garfield County may choose to work for other individuals or entities during the term
of this IGA,provided that the basic services and deliverable products required under this IGA
are submitted in the manner and on the schedule defined under this IGA.
c) Garfield County warrants that all work produced will conform to all applicable standard of
care, skill and diligence in the performance of Garfield County's obligations under this IGA.
d) Garfield County shall not attempt to oversee or supervise the work or actions of any Pitkin
County employee, servant or agent in the course of completing work under this IGA.
e) Garfield County is not entitled to any Workers' Compensation benefits through Pitkin County
and is responsible for payment of any federal, state, FICA and other income taxes.
f) Garfield County shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
14. Governmental Immunity. The parties agree and understand that both parties are
relying on and do not waive, by any provision of this Agreement, the monetary limitations or
terms or any other rights, immunities and protections provided by the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq.
15. 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 (90) days, and if the
termination is for cause the notice shall cite the reason(s)for termination. Upon such termination,
Garfield County shall furnish to Pitkin County,as property of Pitkin County,all property,records
and pertinent information which Pitkin County provided under this Agreement. Upon receipt of
said items, Pitkin County shall pay Garfield County for actual costs incurred through the date of
termination.
16. Compliance with Laws and Regulations. Garfield County agrees that all work
performed under this Agreement shall comply with and abide by all applicable laws, ordinances,
codes and regulations of the federal, state, and local governments applicable to this Agreement.
Without limiting the generality of this Section, Garfield County (1) shall maintain client
confidentiality, including confidentiality of records,in accordance with state and federal law,rules
and regulations;and(2)shall not discriminate on the basis of race, color, religion (creed), gender,
gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or
military status.
17. Notices. Any notice required or permitted under this Agreement shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below and by one
of the following methods 1) hand-delivery or 2) registered or certified mail, postage pre-paid to
the mailing addresses set forth below. Each party by notice sent under this paragraph may change
the address to which future notices should be sent. Electronic delivery of notices shall be
considered delivered upon receipt of confirmation of delivery on the part of the sender. Nothing
contained herein shall be construed to preclude personal service of any notice in the manner
prescribed for personal service of a summons or other legal process.:
To Pitkin County: Nan Sundeen, Director
Depai intent of Social Services
0405 Castle Creek Rd, Suite 103
Aspen, CO 81611
nan.sundeen@pitkincounty.com
To Garfield County: Sharon Longhurst-Pritt, Director
Department of Human Services
195 W. 14th Street
Rifle, CO 81650
spritt@garfield-county.com
With a Copy to: Pitkin County Attorney's Office
530 E. Main Street, Suite 301
Aspen, CO 81611
attorney@pitkincounty.com
18. Fund Availability and Annual Appropriation. Pitkin County acknowledges that
the appropriate percentage or portion of its funds, if any,to be utilized as compensation under this
Agreement have been appropriated and budgeted or otherwise made available through the initial
term of the Agreement. Any work performed in excess of amounts appropriated shall be solely
the risk of Garfield County. The parties' obligations under this Agreement are subject to each
individual party's annual right to budget and appropriate the sums necessary to provide the
services set forth herein. No provision of this Agreement shall be construed or interpreted as
creating a multiple fiscal year direct or indirect debt or other financial obligation of either or both
parties within the meaning of any constitutional or statutory debt limitation.This Agreement shall
not be construed to pledge or create a lien on any class or source of either parties' bonds or any
obligations payable from any class or source of each individual party's money.
19. Governing Law. The laws of the State of Colorado, to the extent not preempted by
federal law, shall govern the validity,performance, and enforcement of this Agreement. Should
any party institute legal action for enforcement of this Agreement, exclusive jurisdiction and
venue of such action shall be in Garfield County, Colorado.
20. Counterparts. This Agreement may be executed in counterparts,each of which shall
be deemed an original. Electronic signatures of, or on behalf of, the parties on this Agreement
and any modifications thereof shall be effective for all purposes.
21. Modifications. This Agreement may not be modified,amended or otherwise altered
unless mutually agreed upon in a writing excepted by the parties.
22. Authority. Each person signing the Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the party it
represents to the terms and conditions hereof.
23. Entire Agreement. This Agreement sets forth the entire agreement of the parties.
No representations,either verbal or written,shall be considered binding on any party to the extent
not set forth herein.
24. Severability. Should any provision of this Agreement be determined by a court of
competent jurisdiction to be unconstitutional or otherwise null and void,the remaining provisions
of this Agreement shall remain in full force and effect.
25. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party, whether by final judgment or out
of court settlement, shall recover from the other party all costs and expenses of such action or suit
including reasonable attorney fees.
26. No Waiver. The waiver by any party to this Agreement of any term or condition of
this Agreement shall not operate or be construed as a waiver of any subsequent breach by any
party.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the dates set forth below.
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, COLORADO
108 8th Street, Suite 213
Glenwood Springs, CO 81601
(970) 945-(1-377
Date: f...)r- z i , 2020
John Ma i airma
AA / Date: 2 ( , 2020
Mike §amsbn, Member-
Date: , 2020
Tom Jankovsky, Member
APPROVED AS TO FORM:
PfdP4/W27,71(/�'' � Date: , 2020
Sharon Longhurst Pritt, Director
Naun, Suaaw& Date: Jan-12-2021 ,2020
Nan Sundeen, Director
BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM
OF PITKIN COUNTY, COLORADO
By: S4-even F. CL1ol, Y•B SuMti �7
Steven F. Child, Chair John Ely, County Attorney
Manager Approval:
By: P(Lt1Us .athu,
Jon Peacock, County Manager
Phylis Mattice for Jon Peacock
ATTACHMENT A
Scope of Services
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 the status of the 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.
ATTACHMENT B
Fee Schedule
FOR PERIOD OF JANUARY 1,2021 THROUGH DECEMBER 31, 2021
Fee Schedule:
1. Cost per service -Hourly rate$31.00
2. Type of Service: Personnel and attorney costs.
3. Other: Expenses for mail,process service, genetic test, scanning and travel
4. TOTAL EXPENSES $ 15,000.00