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HomeMy WebLinkAbout20241626.tiffRESOLUTION RE: APPROVE AMENDMENT #3 TO CONTRACT FOR EQUIFAX VERIFICATION SERVICES FOR USE OF THE WORK NUMBER AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Amendment #3 to the Contract for Equifax Verification Services for Use of The Work Number between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Human Services, Division of Contracts and Procurement, on behalf of TALX Corporation, commencing June 1, 2021, and ending June 30, 2025, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Amendment #3 to the Contract for Equifax Verification Services for Use of The Work Number between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Human Services, Division of Contracts and Procurement, on behalf of TALX Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D., 2024, nunc pro tunc June 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, ORADG ATTEST: ,ed , C� `„�,/ ; Weld County Clerk to the Board =V{1 l()ancJ Deputy Clerk to the Boar • . APPRD AS T Keyin-B,Ross, Chair Pro-Tem ike Freeman ot1`I'C. James � County Attorney TILT ! Lori Saine Date of signature: t2/z� z cc . k S D ogIoq /24 2024-1626 HR0096 Conkvci&ibU 82(15 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Colorado Department of Human Services Amendment #3 for use of The Work Number DEPARTMENT: Human Services DATE: June 4, 2024 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department entered into an Agreement with the Colorado Department of Human Services known as Tyler ID# 2021-1367. This agreement allows the County to participate with the State acting as a pass -through entity to benefit from bulk pricing from TALX Corporation, a provider of Equifax Verification Services (EVS), for the use of The Work Number. The Work Number provides employment verification services directly to the Department and is used by the Assistance Payments, Child Support, Family Resource and Employment Services Divisions to verify income resulting in more efficient eligibility determination, fraud prevention and work activity participation. This Amendment adds an additional term which will be July 1, 2024 through June 30, 2025 and establishes a minimum financial obligation for each county in the event that the statewide minimum is not met. Weld's portion of the total minimum financial obligation is $244,535.95. What options exist for the Board? • Approval of the Colorado Department of Human Services Amendment #3. • Deny approval of the Colorado Department of Human Services Amendment #3 Consequences: There will not be an agreement for use of The Work Number. Impacts: The Department will not have access to The Work Number for employment verification services. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): • Total financial obligation - $244,535.95. • Funded through various sources within the Department. Pass -Around Memorandum; June 4, 2024 - CMS ID 8295 2024-1626 (ofO k -t V-009 to Recommendation: • Approval of Amendment #3 and authorize the Chair to sign electronically. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross, Chair Lori Saine V\& Pass -Around Memorandum; June 4, 2024 - CMS ID 8295 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 COLORADO Financial Services Goanm on, o/ rN man Sent k Divii,o i taf L: ult,.acts and CONTRACT AMENDMENT #3 SIGNATURE AND COVER PAGE State Agency Colorado Department of Human Services Office of Economic Security Division of Economic and Workforce Support Original Contract Number 21 IHGA 168856 Contractor Amendment Contract Number Weld County 25 IHGA 191200 Contractor's State of Incorporation: Colorado Current Contract Maximum Amount Contract Performance Beginning Initial Term Date June 01, 2021 06/01/2021-05/31/2022 $243,604.28 Extension Terms Current Contract Expiration Date 06/01/2022-05/31/2023 $372,045.25 June 30, 2025 06/01/2023-06/30/2024 $424,541.75 07/01/2024-06/30/2025 $244,535.95 Total for All State Fiscal Years $1,284,727.23 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Weld County ,—DocuSigned by: kA,(w V. roll \--`DBfy `'n D. Ror`9ai rman Bo Date: 6/19/2024 STATE OF COLORADO Jared Polis, Governor Colorado Department of Human Services Michelle Barnes, Executive Director r-DocuSigned by: 13auwp E nD3 ioAn62.. and of Comai, BUt�D'elydardRus,'"er't Director, Office of Economic Security 6/20/2024 Date: In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD DocuSigned by: r4"ievt: 1.44avarivatirt. By: D2�31DCDC19C47C... Telly Belton/Toni Williamson/Amanda Rios 6/20/2024 Amendment Effective Date: DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 1. PARTIES This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment or July 1, 2024, whichever is later and shall terminate on the termination of the Contract. 4. PURPOSE The State entered into a Contract with the TALX Corporation, a provider of Equifax Verification Services ("EVS"), for use of The Work Number. The State and the County entered into a Contract that allows the County to participate with the State acting as a pass -through entity to benefit from bulk pricing on income verification from The Work Number. This Amendment adds an additional term and modifies the Contract Maximums Amount. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Expiration Date shown on the Signature and Cover Page for this Amendment. B. The Contract Maximum Amount table on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Maximum Amount table shown on the Signature and Cover Page for this Amendment. C. Exhibit A-2 — Statement of Work is modified by the addition of Exhibit A-3 — Statement of Work, attached and incorporated herein. D. Exhibit C-2 — Amendment 14 — 23 IHGA 184226 is modified by the addition of Exhibit C-3 — Amendment 15 — 25 IHGA 191309, attached and incorporated herein. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the Amendment Contract Number: 2 Page 2 of 3 Rev. 1/14/19 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Amendment Contract Number: 2 Page 3 of 3 Rev. 1/14/19 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 Exhibit A-3 - Statement of Work A. Background For purposes of this Exhibit A-3, Contractor may also be referred to as "County." The State has entered into a contract (Exhibit B — Universal Membership Agreement - 16 IHEA 83111) with TALX Corporation, a provider of Equifax Verification Services ("EVS") and intends to execute an amendment (Exhibit C-3 — Amendment 15 - 25 IHGA 191309) to the Universal Membership Agreement (collectively "Work Number Agreement"). The Work Number Agreement allows EVS to provide employment verification services directly to Colorado counties. The State acts only as a pass -through entity, meaning that EVS will bill the State for fees incurred by the counties, and the State will then bill the counties individually. The Work Number Agreement is between the State and EVS with participating counties each signing Participation Agreements (see Exhibit 1 to Universal Membership Agreement). The Work Number Agreement obligates the counties collectively and Contractor individually to pay EVS via the State for services rendered so the State and County are entering into this Contract to memorialize the State's and County's responsibilities as they relate to the Work Number Agreement. B. Payment County shall pay the State for County's use of services within the scope of the Work Number Agreement. The State shall promptly pass through County's payments to EVS in accordance with the Work Number Agreement. Except within its role as a pass through entity, the State is not liable for County's obligations incurred under this Contract or the Work Number Agreement. The State shall provide each County an invoice at least 30 days prior to the date the payment is due to EVS. The State shall ensure that any payment to the State is paid over to EVS prior to the date that payment is due to EVS. C. Annual Minimum The Work Number Agreement by the terms of the Schedule A obligates each Participating County, through the State as the pass -through entity, to pay the Participating County's proportionate share of the Annual Minimum Payment as set forth in this Contract and Exhibit 1 to the Schedule A. The Minimum Payment for the period of July 1, 2024 to June 30, 2025 is $6,961,250.00, which is based upon an estimated 625,000 income verification requests at $11.09 per income verification request, plus a $5,000 per month service fee. County's responsibility for its share of any deficiency survives termination of this Contract or the Work Number Agreement. County is responsible for its percentage of the Annual Minimum Payment based upon the following formula: [County's Minimum Usage] / [Total Participating counties' Previous Usage] = County Percentage [County Percentage] X [Annual Minimum Payment] + [Admin Fee]= County Financial Obligation IF County's Actual Annual Payment is less than County's Financial Obligation, THEN County is considered a Deficient County and shall pay any deficiency according to the following formula: [Annual Minimum Payment] — [Total Actual Annual Payment] = Total Deficiency [County Financial Obligation] — [County Actual Annual Payment] = County Deficiency [County Deficiency] / [Total counties' Deficiency] = Deficient County Percentage [Deficient County Percentage] X [Total Deficiency] = Deficient County Payment to State DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 This table represents each county's financial obligation: Participating County and Participating Entity Allocation Chart July 1, 2024 - June 30, 2025 Participating County / Participating Entity Minimum Number of Transactions Included with Annual Subscription Rate Minimum Annual Subscription Payment Account Service Fee Total Financial Obligation Adams 43,500 $11.09 $482,415.00 $2,089.00 $484,504.00 Alamosa 1,540 $17,078.60 $75.00 $17,153.60 Arapahoe 60,450 $670,390.50 $2,900.00 $673,290.50 Archuleta 25 $277.25 $1.25 $278.50 Baca 25 $277.25 $1.25 $278.50 Bent 300 $3,327.00 $15.00 $3,342.00 Boulder 15,250 $169,122.50 $730.00 $169,852.50 Broomfield 4,000 $44,360.00 $192.00 $44,552.00 Cheyenne 25 $277.25 $1.25 $278.50 Clear Creek 100 $1,109.00 $6.00 $1,115.00 Conejos 300 $3,327.00 $15.00 $3,342.00 Crowley 450 $4,990.50 $21.00 $5,011.50 Delta 1,925 $21,348.25 $93.00 $21,441.25 Denver 77,750 $862,247.50 $3,734.00 $865,981.50 Douglas 2,080 $23,067.20 $99.00 $23,166.20 Eagle 2,960 $32,826.40 $141.00 $32,967.40 El Paso 46,400 $514,576.00 $2,227.00 $516,803.00 Elbert 350 $3,881.50 $18.00 $3,899.50 Fremont 4,120 $45,690.80 $198.00 $45,888.80 Garfield 1,620 $17,965.80 $78.00 $18,043.80 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 Participating County / Participating Entity Minimum Number of Transactions Included with Annual Subscription Rate Minimum Annual Subscription Payment Account Service Fee Total Financial Obligation Gilpin 25 $277.25 $1.25 $278.50 Grand / Jackson 225 $2,495.25 $12.00 $2,507.25 Gunnison 575 $6,376.75 $27.00 $6,403.75 Huerfano 225 $2,495.25 $12.00 $2,507.25 Jefferson 31,600 $350,444.00 $1,517.00 $351,961.00 Kiowa 25 $277.25 $1.25 $278.50 Kit Carson 650 $7,208.50 $30.00 $7,238.50 La Plata / San Juan 2,150 $23,843.50 $102.00 $23,945.50 Lake 650 $7,208.50 $30.00 $7,238.50 Larimer 21,575 $239,266.75 $1,037.00 $240,303.75 Las Animas 1,650 $18,298.50 $81.00 $18,379.50 Lincoln 25 $277.25 $1.25 $278.50 Mesa 8,400 $93,156.00 $402.00 $93,558.00 Moffat 575 $6,376.75 $27.00 $6,403.75 Montezuma 5,900 $65,431.00 $282.00 $65,713.00 Morgan 3,200 $35,488.00 $153.00 $35,641.00 Park 200 $2,218.00 $9.00 $2,227.00 Pitkin 525 $5,822.25 $24.00 $5,846.25 Prowers 3,120 $34,600.80 $150.00 $34,750.80 Pueblo 14,650 $162,468.50 $703.00 $163,171.50 Rio Grande / Mineral 2,080 $23,067.20 $99.00 $23,166.20 Routt 425 $4,713.25 $21.00 $4,734.25 San Miguel / Ouray 25 $277.25 $1.25 $278.50 Summit 350 $3,881.50 $18.00 $3,899.50 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 Participating County / Participating Entity Minimum Number of Transactions Included with Annual Subscription Rate Minimum Annual Subscription Payment Account Service Fee Total Financial Obligation Teller 425 $4,713.25 $21.00 $4,734.25 Washington 75 $831.75 $3.00 $834.75 Weld 21,955 $243,480.95 $1,055.00 $244,535.95 Yuma 25 $277.25 $1.25 $278.50 CDHS SNAP QA 525 $5,822.25 $24.00 $5,846.25 HCPF 240,000 $2,661,600.00 $11,520.00 $2,673,120.00 Total 625,000 $11.09 $6,931,250.00 $30,000.00 $6,961,250.00 D. Miscellaneous Provisions 1. State is acting as a fiscal agent for County, passing through payment of all costs from County to EVS, including the Annual Minimum Payment. The State shall not be liable for any debt or payment obligation, including the Annual Minimum Payment, incurred by County pursuant to this Contract or the Work Number Agreement, provided, however, that any failure by the State to pass through such payments from County shall constitute a breach of this Contract by the State. The State shall be obligated to pay over to EVS any funds received from a County. Upon breach of this agreement by the State, the County shall have the right to terminate this Contract upon written notice and at least thirty (30) days in which the State may cure the breach or any other remedy allowed by law. If County fails to pay the State for County's costs incurred under this Contract or the Work Number Agreement, the State shall have the right to terminate this Contract upon written notice and at least thirty (30) days in which County may cure the breach. 2. The Work Number Agreement is for the benefit of County. Any amendments or changes to the Work Number Agreement or any new Schedule A or amendments to Schedule A must be signed by or approved by a person authorized by the governing body for each County in accordance with the County's local procedures prior to the amendment or change being effective as to a participating county. The State shall not execute amendments or revisions to the Work Number Agreement or Schedule A that bind any participating county without the participating counties' consent as provided herein. 3. County's liability for any unpaid fees owed under this Contract or the Work Number Agreement shall survive termination of this Contract as to County who has not paid all required fees until the State receives payment from County. 4. Annual Termination: Unless specified elsewhere in this Contract or the Work Number Agreement, the State or County may only terminate this Contract, upon 60 days written notice, so DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 as to align with the end of an annual term stated in the Work Number Agreement. If a County elects to terminate it shall not be obligated to expend any funds, including any annual minimum payment, for the years following its termination. 5. The State may execute similar agreements with new counties not originally part of this Contract or the Work Number Agreement. If the State executes a similar agreement with a new county or counties, the State and County will recalculate the annual minimum for the subsequent annual term. 6. County hereby grants the State authority to do the following: a. Extend until June 30, 2025 the State's agreement with TALX corporation; and b. Amend, in accordance with this Contract, the State's contract with TALX Corporation. DocuSign Envelope ID: B8458BEF-128A-4A1 F-8081-24750563B7A0 Exhibit C-3 AMENDMENT 15 TO: THE UNIVERSAL MEMBERSHIP AGREEMENT This Amendment 15 is entered into by and between Equifax Workforce Solutions LLC, a provider of Equifax Verification Services ("EWS" or "EVS") and The State of Colorado, Colorado Department of Human Services ("CDHS" or "Agency") jointly "the Parties," with reference to the following: WHEREAS, the Parties entered into that certain Universal Membership Agreement, last signed by the parties on or about August 26, 2015 (the "Agreement"); and WHEREAS, the Parties made effective the Schedule A — The Work Number® Express Social Service on October 19, 2016 (the "Schedule A"); and WHEREAS, the CDHS exercised its first optional annual renewal term (as permitted in Section II of Schedule A, by means of that certain Successive Term 1 Schedule A made effective by the parties on December 28, 2016 (the "Successive Term Schedule A"); and WHEREAS, the Parties amended the Successive Term Schedule A to provide verification of employment and income services for 2 (two) additional months, beginning January 1, 2018 through February 28, 2018 (the "Temporary Extension Period") while the State worked to get approval from the participating counties to authorize the successive term; and WHEREAS, CDHS exercised its second optional renewal term (as permitted in Section II of the Successive Term Schedule A, by means of that certain Amendment 1 to Schedule A made effective by the parties on February 28, 2018, for the term beginning March 1, 2018 and ending on February 28, 2019 ("Amendment 1"); and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 2 to Schedule A made effective by the parties on April 15, 2019, to provide verification of employment and income services for 3 (three) additional months, March 1, 2019 through May 31, 2019 (the "Second Temporary Extension Period; Amendment 2") while the State worked to get approval from the participating counties to authorize the successive term; and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 3 to Schedule A made effective by the parties on June 6, 2019, to provide verification of employment and income services for 3 (three) additional months, beginning June 1, 2019 through August 31, 2019 (the "Third Temporary Extension Period; Amendment 3") while the State continued to evaluate the new pay date enhancement in order to determine the number of transactions needed for the new contract; and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 4 to Schedule A made effective by the parties on August 18, 2019, to provide verification of employment and income services for 2 (two) additional months, beginning September 1, 2019 through October 31, 2019 (the "Fourth Temporary Extension Period; Amendment 4") while the State continued to evaluate the new pay date enhancement in order to determine the number of transactions needed for the new contract; and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 5 to Schedule A made effective by the parties on October 31, 2019, to (i) provide verification of employment and income services for 1 (one) additional year, beginning November 1, 2019 through October 31, 2020, (2) add a Scope of Work, and (3) amend the Service Description Overview ("Amendment 5"); and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 6 to Schedule A made effective by the parties on October 28, 2020, in order to CUS-24-50495 Equifax Workforce Solution LLC Amendment #15 to the Universal Membership Agreement Page 1 of 11 State of Colorado - Department of Human Services - LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 provide the verification of employment and income services for 1 (one) additional month, from November 1, 2020 through November 30, 2020 (the "Fifth Temporary Extension Period; Amendment 6"); and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 7 to Schedule A made effective by the parties on November 30, 2020, in order to provide the verification of employment and income services for 4 (four) additional months from December 1, 2020 through March 31, 2021 (the "Sixth Temporary Extension Period; Amendment 7"); and WHEREAS, the Parties subsequently amended the Successive Term Schedule A, by means of that certain Amendment 8 to Schedule A made effective by the parties on March 25, 2021, in order to provide the verification of employment and income services for 2 (two) additional months from April 1, 2021— May 31, 2021 (the "Seventh Temporary Extension Period; Amendment 8"); and WHEREAS, the Parties subsequently amended the Agreement and the Successive Term Schedule A, by means of that certain Amendment 9 to the Universal Membership Agreement and Schedule A made effective by the parties on May 28, 2021, in order to provide the verification of employment and income services for 1 (one) additional year from June 1, 2021 — May 31, 2022 and add a new Scope of Work to allow Colorado government entities, "Participating Entities", in addition to their existing Participating Counties, to use the Services pursuant to the terms of the Agreement (the "Third Successive Schedule A; Amendment 9"); and WHEREAS, the Parties subsequently amended the Agreement and the Successive Term Schedule A, by means of that certain Amendment 10 to the Universal Membership Agreement and Schedule A made effective by the parties on June 8, 2021, in order to add a new Section to the Scope of Work to Schedule A for Participating Entities only regarding Web Services and to allow HCPF a Pilot Period ("Amendment 10"); and WHEREAS, the Parties subsequently amended the Agreement, by means of that certain Amendment 11 to the Universal Membership Agreement made effective by the parties on May 31, 2022, in order to provide the verification of employment and income services for 1 (one) additional year from June 1, 2022 — May 31, 2023 and to add access to the system by Batch (the "Fourth Successive Schedule A; "Amendment 11"); and WHEREAS, the Parties subsequently amended the Agreement and the Successive Term Schedule A, by means of that certain Amendment 12 to the Universal Membership Agreement made effective by the parties on October 17, 2022, in order to revise the Scope of Work to Schedule A for Employment and Income Verification (VOE/VOI) Database and Web Services and to reflect EWS' name change ("Amendment 12"); and WHEREAS, the Parties subsequently amended the Agreement and the Successive Term Schedule A in order to provide the verification of employment and income services for one (1) additional month from June 1, 2023 — June 30, 2023 (the "Eighth Temporary Extension Period"; "Amendment 13"); and WHEREAS, the Parties subsequently amended the Agreement by replacing the Successive Term Schedule A with that certain Schedule A, effective as of July 1, 2023, in order to provide the verification of employment and income services for one (1) additional year from July 1, 2023 — June 30, 2024 (the "Second Successive Schedule A; "Amendment 14"); and WHEREAS, the Parties desire to amend the Agreement and the Second Successive Schedule A in order to provide the verification of employment and income services for 1 (one) additional year from July 1, 2024 — June 30, 2025. All other terms and conditions of the Agreement, as previously amended, remain unchanged and in full force and effect. For purpose of this Amendment 15, all capitalized terms used herein and otherwise defined shall have the meaning set forth in the Agreement. CUS-24-50495 Equifax Workforce Solution LLC Amendment #15 to the Universal Membership Agreement Page 2 of 11 State of Colorado - Department of Human Services - LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1 F-8081-24750563B7A0 NOW, THEREFORE, upon Colorado State Controller signature, and effective on July 1, 2024, the Parties do hereby agree to amend the Agreement as follows: This Amendment 15 may be executed in multiple, identical, original counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same document. A. CDHS hereby exercises a one (1) year extension beginning July 1, 2024 and ending on June 30, 2025. B. The Second Successive Schedule A shall be deleted in its entirety and replaced in full with the attached and revised Schedule A with its Schedules, Exhibits, Appendices, and Attachments, attached hereto as Schedule A. The Schedule A replacement shall be effective as of July 1, 2024. The SOW and Exhibit 1-A to the Universal Membership Agreement for the "Participation Agreement for Participating Entity" from Amendment 9 dated May 28, 2021, shall explicitly continue to be attached to the Agreement and the Schedule A to be effective as of July 1, 2024. IN WITNESS WHEREOF, the Parties have executed this 15TH Amendment through their duly authorized representatives. STATE OF COLORADO Equifax Workforce Solutions LLC, provider of Equifax Verification Services Jared Polis, GOVERNOR Colorado Department of Human Services Michelle Barnes, Executive Director By (signature): Name (print): Title: Date: By (signature): Name (print): Title: Date: This Amendment 15 is not valid until signed and dated below by the Colorado Department of Human Services' Controller or Deputy Controller COLORADO DEPARTMENT OF HUMAN SERVICES CONTROLLER By (signature): Name/Title: (print): Date: CUS-24-50495 Equifax Workforce Solution LLC Amendment #15 to the Universal Membership Agreement Page 3 of 11 State of Colorado - Department of Human Services - LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 < SFDC - GTM Account Name > LRD: May 3, 2024 EFXID: SCHEDULE A TO THE UNIVERSAL MEMBERSHIP AGREEMENT EQUIFAX VERIFICATION SERVICES CUS-23-50495 "Agency": The State of Colorado, Colorado Department of Human Services "Effective Date" of this Schedule A: July 1, 2023 Industry Type: Government "Agreement": Universal Membership Agreement Agreement effective date: August 26, 2015 Agency may request various Services from EVS (i) during the term of the Agreement, (ii) in accordance with the Agreement and this Schedule A (which is part of the Agreement), and (iii) only when intended to be used for the use case described below. Some Services have additional terms and conditions which are referenced in Schedule A-1. Agency will pay EVS for the Services pursuant to the terms of Schedule A-2. Unless otherwise defined in this Schedule A, all defined terms used herein shall have the meaning ascribed to them in the Agreement. This Schedule A, including all attachments hereto, specifically supersedes and replaces any Schedules, Statements of Work, and other product or pricing agreements between the parties that predate this Schedule A and which relate to the Service(s) selected below in this Schedule A, even if the prior agreements contain an "entire agreement" or "merger" clause, and any such Schedules, Statements of Work, and other product or pricing agreements are terminated. This Schedule shall begin on the Effective Date and continue for a period of one (1) year ("Initial Term"), unless earlier terminated as set forth in the Agreement. Upon expiration of the Initial Term, this Schedule shall automatically renew for successive one (1) year terms (each a "Renewal Term"), unless otherwise terminated in accordance with the terms of the Agreement. 1. AGENCY INFORMATION. (Please use the physical business location address; a P.O. Box is not acceptable.) Agency Name: Colorado Department of Human Services Phone: 303-866-5700 Address: 1575 Sherman St State: CO City: Denver Zip Code: 80203 DBA or Management Agency, if different: Website address: www.colorado.gov/cdhs 2. MAIN CONTACT INFORMATION. Name: Barry Pardus Phone / Fax: 303-866-3726 / Title: Interim Office Director Email: barry.pardus@state.co.us Supervisor: Anne -Marie Braga Supervisor Phone: IN WITNESS WHEREOF, the parties have executed this Schedule A on the date indicated below. Equifax Workforce Solutions LLC, provider of Equifax Verification Services By (signature) Agency By (signature): Name (print): Title: Date: Name (print): Title: Date: February 9, 2024 Template CUS-23-50495 EVS - Schedule A — Annual Subscription Page 4 of 11 LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 SCHEDULE A-1 SERVICE DESCRIPTIONS / ADDITIONAL TERMS AND CONDITIONS 1. SERVICE DESCRIPTIONS A. The Work Number® Services. The Work Number* Express Social Service Verification. A Social Service verification report provided via the Service ("Verification Report") will include, without limitation and as available, the Consumer's (i) employer name, (ii) employment status, (iii) employer address, (iv) employment dates, (v) position title, (vi) medical and dental insurance information, (vii) employer wage garnishment address, (viii) pay rate, (ix) up to three (3) years of year-to-date gross income details, and (x) up to three (3) years of pay period detail. Data provided may be from current or prior employers. 2. ADDITIONAL TERMS AND CONDITIONS A. Agency Representation. Agency represents that it has authorization from the Consumer authorizing Agency to verify income Data. Agency need not use any particular form of authorization for an income verification, provided the authorization is auditable and demonstrates to a reasonable degree of certainty that the Consumer has authorized Agency to receive the income Data. B. Audit. Upon request by EVS at any time, Agency shall provide Consumer authorizations to verify the Consumer's information, including but not limited to the Consumer's income, and Agency shall provide EVS with records as EVS may reasonably request to conduct such audit(s). Agency's failure to fully cooperate or to produce requested consumer authorizations may result in immediate suspension of the Services until such time as Agency corrects any discrepancy revealed by such audit. C. Compliance with Laws. Agency will comply with all applicable laws, statutes and regulations regarding the Services. Where applicable, Agency will comply with Title V of the Gramm -Leach -Bliley Act, 15 U.S.C. Sec. 6801 et seq. ("GLB") and the implementing regulations issued thereunder and any other applicable statutes or federal laws, Agency will not use or disclose any Information other than in accordance with Section 6802(c) or with one of the General Exceptions of Section 6802(e) of the GLB and applicable regulations and all other Privacy Laws. D. Modification of Service Description. EVS may modify this Schedule A, including pricing, on thirty (30) days' notice to Agency. Agency may terminate the Agreement and/or this Schedule A within thirty (30) days after such modification notice by providing written notice of termination to EVS. Absence of such termination shall constitute Agency's agreement to the modification. E. Input Requirements. (1) Batch. Agency may request the Data and Service be delivered via batch by creating and delivering a request file of a minimum of one hundred (100) social security numbers to EVS using EVS's standard format and secure batch website. Upon submission of a file, Agency is obligated to pay all resultant Fees in accordance with the Agreement. (2) Online. Agency shall request access to Data and Service by inputting the Consumer's social security number at the relevant EVS website. F. Delivery. (1) Batch. Upon submission of a file, Agency is obligated to pay all resultant Fees in accordance with the Agreement. Following a batch submission consistent with the input requirements above, EVS will deliver a return file of Data via the secure batch website. (2) Online. The Service will be delivered online, providing automated access to requested Data. February 9, 2024 Template EVS - Schedule A — Annual Subscription Page 5 of 11 CUS-23-50495 LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 SCHEDULE A-2 PAYMENT TERMS AND SERVICE PRICING 1. PAYMENT TERMS AND CONDITIONS. A. Invoices. All Fees (except the one-time Setup Fee) shall apply during any Renewal Term. EVS reserves the right to increase all Fees pursuant to the terms of the Agreement. Invoices are due net thirty (30) days with one and a half (1.5%) percent interest per month applied over forty-five (45) days. Agency will be invoiced electronically through EVS's Electronic Invoice Presentation & Payment (EIPP) program. Requests for paper billing are available upon Agency's request and are subject to additional monthly fees. Such fees are subject to modification by EVS at intervals of no less than one year, upon prior written notice. If payment is made by credit card, EVS will charge the credit card each month for Transactions completed in the prior month. Undisputed invoices outstanding over forty-five (45) days may result in loss of access to the Service. If Agency, in good faith, disputes any portion of an amount invoiced, Agency shall pay such amount as it in good faith believes to be correct and provide written notice stating the reasons why the remaining disputed amount is incorrect, along with supporting documentation. All disputes must be submitted to EVS in writing within ninety (90) days from the date of the invoice for those Services. Agency waives the right to dispute any portion of the invoice that is not disputed within such ninety (90) day period. In the event that it is determined or agreed that Agency must or will pay the disputed amount, then Agency shall pay interest from and including the original payment due date until, but excluding, the date the disputed amount is received by EVS at the interest rate set forth above. In the event the Parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights hereunder. For the avoidance of doubt, invoices issued which reflect a price change or pertain to fees for service description modifications that have been accepted according to the terms of this Schedule, shall be deemed correct invoices for purposes of this section. B. Agency Purchase Orders. If the use of a Purchase Order ("PO") or similar ordering document is required by Agency, the following information must be provided as part of the Agreement. Failure to include this information reflects Agency's agreement that a PO shall not be required by Agency. Agency shall provide notice of any PO changes no less than thirty (30) days prior to the expiration of the current PO. No additional terms and conditions shall be included in the PO unless expressly agreed to in writing by the Parties. If there is a conflict between language in the PO and the Agreement, the Agreement shall control. The PO Amount or dollar limit, if applicable, of initial PO does not limit or otherwise impact any minimum ordering obligations or purchase commitments specified herein. The PO effective dates (as defined below) does not impact the Effective Date(s) or Term(s) specified herein. PO Number (or similar): PO Amount: PO Start Date: PO End Date: PO Contact Name: PO Contact Email: C. Taxes. Except to the extent that Agency has provided an exemption certificate, direct pay permit or other such appropriate documentation, EVS shall add to each invoice any sales, use, excise, value-added, gross receipts, services, consumption and other similar transaction taxes however designated that are properly levied by any taxing authority upon the provision of the Services, excluding, however, any state or local privilege or franchise taxes, taxes based upon EVS's net income and any taxes or amounts in lieu thereof paid or payable by EVS as a result of the foregoing excluded items. 2. SERVICE PRICING. A. Third Party Fees Applicable to All Services. Ill Third Party Fee. EVS will pass along any fees incurred by third parties to Agency, including program fees implemented by the IRS. EVS will post these third -party fees as a separate line item on the invoices. 121 Technology Portal Delivery Fee. EVS will pass along any delivery fees incurred for the use of a technology portal connection, as specified by Agency, to Agency. EVS will post these technology portal delivery fees as a separate line item on the invoices. February 9, 2024 Template CUS-23-50495 EVS - Schedule A — Annual Subscription Page 6 of 11 LRD May 3, 2024 DocuSign Envelope ID: 68458BEF-128A-4A1F-8081-24750563B7A0 B. The Work Number"Services Service Name Annual Subscription Payment'. Annual Transactions Included in the Annual Subscription'. Express Social Service Verification Internal EFX Use Subscription Service (Annual) 0210111386 $6,931,250.00 625,000 0210111384 3 Full Months 0210112497 Overage Charges 6 Full Months 0210112511 $11.09 1Full Year 0210112512 3 Full Years 0210112513 Purchase All 0210112514 1 Participating County and Entity Allocation. The Work Number Express Social Service Verification Annual Subscription Payment and Annual Transactions Included in the Annual Subscription shall be allocated amongst the Participating County and Participating Entities in accordance with the chart attached hereto as Exhibit 1. C. Pricing Terms (1) Order Date Ranges. The specific use and/or program shall be denoted by the Agency in each request. Agency may select which employment records to order when accessing the Service online by selecting from various "pay date" range or "Purchase all" options. Order options will include: "3 full months", "6 full months", "1 full year", "3 full years", and "Purchase all" records. Date ranges go back in full calendar months, i.e. selecting "3 full months" on January. 30, would result in all records available between October 1 and January 30. If multiple records exist in the date range option Agency selects, then each record will count as a separate Transaction. (2) Annual Commitment. Notwithstanding anything herein or the Agreement to the contrary, in the event Agency terminates this Schedule A prior to the end of the then -current term, Agency shall pay the remaining Annual Subscription Payment due under the then -current year obligation, including any overages that have been incurred, but not paid. Should the Agency cancel prior to the end of the month, that month (and any overages incurred in that month) shall be considered part of the remaining Annual Subscription Payment. The Annual Subscription Payment for the Service(s) listed above will be payable as the transactions come in. At the end of the Term, if the Agency has not met the Annual Transactions Included in the Annual Subscription as required, the difference between the Annual Subscription Payment and the amount paid and/or invoiced at that time for the Transactions made will then be due and payable. Transaction. A 'Transaction' is defined by a database search which returns data in the form of a Verification Report. A 'Verification Report' is the output file returned from a database search containing various employer records. Each employer returned in a Verification Report constitutes a separate Transaction. For example, two (2) employers returned in a Verification Report will count as two (2) separate Transactions. The above pricing reflects the rate for each 'successful' Transaction and is based on one single use/decision per Transaction. (4) Overages. If Agency exceeds the Annual Number of Transactions Included with the Annual Subscription Payment during any Term (Initial Term or Renewal Term), applicable Overage Charges will be charged for the remainder of the then -current Term on a per Transaction basis. (3) 3. ADDITIONAL SERVICE FEES. Annual Setup Fee 0210100037 $0.00 Monthly Account Servicing Fee 0210100693 $2,500.00 February 9, 2024 Template CUS-23-50495 EVS - Schedule A — Annual Subscription Page 7of11 LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-2475056387A0 EXHIBIT 1 Participating County and Participating Entity Allocation Chart Participating County and Participating Entity Allocation Chart July 1, 2024 -June 30, 2025 Participating County / Participating Entity Minimum Number of Transactions Included with Annual Subscription Rate Minimum Annual Subscription Payment Account Service Fee Total Financial Obligation Adams 43,500 $11.09 $482,415.00 $2,089.00 $484,504.00 Alamosa osa 1,540 $17,078.60 $75.00 $17,153.60 Arapahoe 60,450 $670,390.50 $2,900.00 $673,290.50 Archuleta 25 $277.25 $1.25 $278.50 Baca 25 $277.25 $1.25 $278.50 Bent 300 $3,327.00 $15.00 $3,342.00 Boulder 15,250 $169,122.50 $730.00 $169,852.50 Broomfield 4,000 $44,360.00 $192.00 $44,552.00 Cheyenne 25 $277.25 $1.25 $278.50 Clear Creek 100 $1,109.00 $6.00 $1,115.00 Conejos 300 $3,327.00 $15.00 $3,342.00 Crowley 450 $4,990.50 $21.00 $5,011.50 Delta 1,925 $21,348.25 $93.00 $21,441.25 Denver 77,750 $862,247.50 $3,734.00 $865,981.50 Douglas 2,080 $23,067.20 $99.00 $23,166.20 Eagle 2,960 $32,826.40 $141.00 $32,967.40 El Paso 46,400 $514,576.00 $2,227.00 $516,803.00 Elbert 350 $3,881.50 $18.00 $3,899.50 Fremont 4,120 $45,690.80 $198.00 $45,888.80 Garfield 1,620 $17,965.80 $78.00 $18,043.80 Gilpin 25 $277.25 $1.25 $278.50 Grand / Jackson 225 $2,495.25 $12.00 $2,507.25 Gunnison 575 $6,376.75 $27.00 $6,403.75 Huerfano 225 $2,495.25 $12.00 $2,507.25 Jefferson 31,600 $350,444.00 $1,517.00 $351,961.00 Kiowa 25 $277.25 $1.25 $278.50 Kit Carson 650 $7,208.50 $30.00 $7,238.50 La Plata / San Juan 2,150 $23,843.50 $102.00 $23,945.50 Lake 650 $7,208.50 $30.00 $7,238.50 Larimer 21,575 $239,266.75 $1,037.00 $240,303.75 Las Animas 1,650 $18,298.50 $81.00 $18,379.50 Lincoln 25 $277.25 $1.25 $278.50 Mesa 8,400 $93,156.00 $402.00 $93,558.00 Moffat 575 $6,376.75 $27.00 $6,403.75 February 9, 2024 Template CUS-23-50495 EVS - Schedule A — Annual Subscription Page 8 of 11 LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 Participating County / Participating Entity Minimum Number of Transactions Included With Annual Subscription Rate Minimum Annual Subscription Payment Account Service Fee Total Financial Obligation Montezuma 5,900 $65,431.00 $282.00 $65,713.00 Morgan 3,200 $35,488.00 $153.00 $35,641.00 Park 200 $2,218.00 $9.00 $2,227.00 Pitkin 525 $5,822.25 $24.00 $5,846.25 Prowers 3,120 $34,600.80 $150.00 $34,750.80 Pueblo 14,650 $162,468.50 $703.00 $163,171.50 Rio Grande / Mineral 2,080 $23,067.20 $99.00 $23,166.20 Routt 425 $4,713.25 $21.00 $4,734.25 San Miguel / Ouray 25 $277.25 $1.25 $278.50 Summit 350 $3,881.50 $18.00 $3,899.50 Teller 425 $4,713.25 $21.00 $4,734.25 Washington 75 $831.75 $3.00 $834.75 Weld 21,955 $243,480.95 $1,055.00 $244,535.95 Yuma 25 $277.25 $1.25 $278.50 CDHS SNAP O,A 525 $5,822.25 $24.00 $5,846.25 HCPF 240,000 $2,661,600.00 $11,520.00 $2,673,120.00 Total 625,000 $11.09 $6,931,250.00 $30,000.00 $6,961,250.00 February 9, 2024 Template EVS - Schedule A — Annual Subscription Page 9 of 11 CUS-23-50495 LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1F-8081-24750563B7A0 Exhibit A Agency Information (To be completed by Agency prior to Services being provided) Physical address of where verifications will be performed (if different than above). Onsite contact for onsite inspection. Barry Pardus Onsite contact email and phone number. barry.pardus@state.co.us, (303) 866-3726 Additional User Information IMPORTANT: All individuals who will use the service must be registered below. During the login process, the user will be asked for their registered fax number. All fields are mandatory. Name E-mail Address User1: User2: User3: User4: Users: n/a n/a Please provide the names, fax numbers and e-mail addresses of up to five (5) additional users. Note: The "Main Contact" above will have the ability to add users via the webManager function. WebManagers have the ability to add, manage and approve users within the organization. If Agency has additional users, once Agreement is accepted, Agency will receive more information on how to register users. Billing Information Billing Contact: Billing Contact Title: Billing Phone #: Billing Fax #: Billing E-mail: Is Agency Tax Exempt? ❑ Yes ❑ No If Yes, please submit tax exemption certificate. Agency Type: Jacques Livingston Finance Manager 720-413-7337 n/a jacques.livingston@state.co.us Billing Address: City: State: Zip Code: 1575 Sherman Street Denver CO 80203 ® Federal/State/County/City/Local/Government ❑ Social Security Administration ❑ Non- Profit Organization ❑ Housing Authority ❑ For -Profit Organization ❑ Third Party Vendor for Government Agency ❑ Apartment Complex/Property Management ❑ Other: Please specify Each program requires documented proof. Specific Program(s) that will use this service: February 9, 2024 Template CUS-23-50495 EVS - Schedule A — Annual Subscription Page 10 of 11 LRD May 3, 2024 DocuSign Envelope ID: B8458BEF-128A-4A1 F-8081-24750563B7A0 ® Food Stamps ® TANF ® MEDICAID ® Child Support Enforcement ® Daycare Assistance ® Low -Income Energy Assistance ❑ Pre -Employment ® Work -related Assistance ❑ Collections ® Low -Income Housing IllMortgage Loans ® Other: (Please indicate other program(s) that will use this service: Child Support If Agency is an Apartment Complex or Property Management Agency, please answer the following questions: How many units does Agency have? n a How many of those are subsidized units? n a Note: Subsidized units are those in which the owner receives funds from Federal, State, County or Local Government. Is Agency affiliated with City/State Housing Authority? ❑ Yes ® No If yes, please include the name: Qualifications: In order to process Agency's application, Agency's agency/organization is required to provide proof (supporting documentation) of Agency's need for employment and income verifications. Please provide the following: Federal/State/County/City/Local/Government Copy of program's application Income guidelines to determine eligibility Social Security Administration Copy of program's application Income guidelines to determine eligibility Non -Profit / For -Profit Organizations Copy of program's application Income guidelines to determine eligibility Affiliation (contract) with a Federal/State/County/City/Local/Government Funding source Third Party Vendor for Government Agency Copy of program's application Income guidelines to determine eligibility Affiliation (contract) with a Federal/State/County/City/Local/Government Funding source. Housing Authority Copy of tenant's application Income guidelines for low-income housing Complete HUD Schedule or Rural Development Rent Schedule or L.U.R.A. (Land Use Restriction Agreement) Apartment Complex/Property Management Copy of tenant's application Income guidelines for low-income housing Complete HUD Schedule or Rural Development Rent Schedule or L.U.R.A. (Land Use Restriction Agreement) Failure to provide supporting documentation, which must include the name of Agency's agency/organization/Agency name, may delay processing of Agency's agreement or disqualify Agency's application. February 9, 2024 Template EVS - Schedule A — Annual Subscription Page 11 of 11 CUS-23-50495 LRD May 3, 2024 t Ct Entity Information Entity Name * Entity ID * COLORADO DEPARTMENT OF @00003650 HUMAN SERVICES Contract Name* Contract ID COLORADO DEPARTMENT OF HUMAN SERVICES (TALX 8295 - EQUIFAX - WORK NUMBER AMENDMENT #3) Contract Status CTB REVIEW Contract Lead * WLUNA O New Entity? Parent Contract ID 20211367 Requires Board Approval YES Contract Lead Email Department Project # wluna@weldgov.com;cob bxxlk@weldgov.com Contract Description CDHS AMENDMENT #3 - 21 IHGA 168856 TO THE ANNUAL CONTRACT (21 IHGA 168856) WITH THE STATE FOR USE OF THE WORK NUMBER. THIS IS RELATED TO BOTH 2021-1367 AND 2023-1668.TERM: JUNE 1, 2021 TO JUNE 30, 2025. REQUEST CHAIR TO SIGN AGREEMENT VIA DOCUSIGN. Contract Description 2 PA ROUTING THOUGH CMS/ONBASE WITH THIS ENTRY. Contract Type AMENDMENT Amount* $244,535.95 Renewable NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Requested BOCC Agenda Date * 06/12/2024 Due Date 06/08/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 04/30/2025 Committed Delivery Date Renewal Date Expiration Date* 06/30/2025 Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/10/2024 06/10/2024 06/10/2024 Final Approval BOCC Approved Tyler Ref # AG 061924 BOCC Signed Date Originator WLUNA BOCC Agenda Date 06/19/2024 Hello