HomeMy WebLinkAbout20194605.tiffRESOLUTION
RE: APPROVE CONTRACT AMENDMENT #2 FOR TALX INCOME VERIFICATION
SERVICES 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 a Contract Amendment #2 for TALX
Income Verification Services 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, commencing November 1, 2019, with further
terms and conditions being as stated in said contract 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 the Contract Amendment #2 for TALX Income Verification Services
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, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of October, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dim., •:�C1.eo•�.
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPRO
ounty A orney
Date of signature:
Barbara Kirkmeyer/Chair
Mike Freeman, Pro-Tem
p
K. James
Steve Moreno
cc-.NSD
1O/02/2O
2019-4605
HR0090
(Jrt-n7tC+ =O 4I- 3 I iSQ
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: October 15, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Contract Amendment #2 to Intergovernmental
Agreement for the Work Number
Please review and indicate if you would like a work session prior to placing this item on the Board's agenda.
Request Board Approval of the Department's Contract Amendment #2 to Intergovernmental Agreement
for the Work Number. The Colorado Department of Human Services (CDHS) contracts for access to Equifax
Verification Services (EVS) for the Work Number, through an Intergovernmental Agreement with TALX
Corporation. EVS is the largest proprietary database of up-to-date employment and income data. The Work
Number is used by Assistance Payments, Child Support, Family Resource and Employment Services to verify
income resulting in more efficient eligibility determination, fraud prevention and work activity participation.
The Department entered into the original contract as a participating county on August 10, 2016, identified as
Tyler ID 2016-2611. This amendment will allow the CDHS to sign a statewide agreement on behalf of the
counties with TALX Corporation, to continue services.
The amendment is effective November 1, 2019 and will continue until terminated. The amendment 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 $231,251.68.
I do not recommend a Work Session. I recommend approval and submission of this amendment and authorize
the Chair to sign.
Approve
Recommendation Work Session
Schedule
Sean P. Conway
Mike Freeman, Pro -Tern
Scott James
Barbara Kirkmeyer, Chair
Steve Moreno
Other/Comments:
Pass -Around Memorandum; October 15, 2019 — CMS 3182 Page 1
2019-4605
10/03
H R009O 9 O
CONTRACT AMENDMENT #2
SIGNATURE AN
State Agency
State of Colorado for the use and benefit of the
Department of Human Services
Original Contract Number
17 IHGA 91581
ContWeld tor
Weld County Department of Human Services
Amendr�ggt Contract ti& I It ^ , �,1
alit,
1 yr 1'r Ng �'(�f
315 N. I 1 di Avenue
Greeley, CO 80631
Contract Performance Beginning Date
On or about October 19, 2016
Current Contract Expiration Date
Either upon termination of the Schedule A as specified in the
Work Number Agreement or termination as specified in this
Contract.
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 Department of Human Services
By: Board of Weld/County Commissioners
//
410 /A
arbara Kirkmeyer, Chair /
Date: OCT 2 3 2019
STATE OF COLORADO
Jared Polis, Governor
Department of Human Services
M. elle Barnes, E 1 cutive Director
Date:
By.' , 'i owed, Director
1e
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.
By:
STATE CONTROLLER
bert Jaros, CPA, M , JD
Andrea Euric . ' ontroller
Amendment Effective Date:
Amendment Contract Number: Page 1 of 2
72O/g-- .4101) 5C�-�
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 and upon full execution of substantially the same
amendment with all counties listed in this Contract. 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
of 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 upon full execution of substantially the same amendment with all
counties listed in this Contract, whichever is later and shall terminate on the termination of the
Contract.
4. PURPOSE
The purpose of this Amendment is to:
A. Grant CDHS permission to extend and amend its agreement with TALX corporation;
B. Formally add participating counties to the "annual minimum" table; and
C. Update pricing.
s. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. Exhibit A is hereby replaced with Exhibit A-2, which is attached and incorporated into this
Amendment.
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 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 Page 2 of 2
Exhibit A-2 — Statement of Work
A. Background
For purposes of this Exhibit A, Contractor may also be referred to as "County." The State has entered into a
contract ("Universal Membership Agreement")(State contract routing number 16 IHEA 83111)(Exhibit B) with
TALX Corporation, a provider of Equifax Verification Services ("EVS") and intends to execute an amendment
("Schedule A")(State contract routing number 16 IHEA 87603)(Exhibit C) 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 Intergovernmental Agreement and Exhibit 1 to the Schedule A. The Annual
Minimum Payment is $2,100,000.00 , which is based upon an estimated 375,000 income verification requests at
$5.60 per income verification request, plus a $2,000 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 Feel= 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
Exhibit A-2 - Page 1 of 3
This table represents each county's financial obligation:
County
Minimum
Usage (as a
percent of
2018-19 usage)
Minumum
Cost
Admin. Fee
(Annual)
Total Financial
Obligation
Adams
34443
$192,882.67
$2,204.37
$195,087.04
Alamosa
50
$280.00
$3.20
$283.20
Arapahoe
66573
$372,808.80
$4,260.69
$377,069.49
Archuleta
48
$270.67
$3.09
$273.76
Bent
17
$93.33
$1.07
$94.40
Boulder
15730
$88,088.00
$1,006.72
$89,094.72
Broomfield
2952
$16,529.33
$188.91
$16,718.24
Clear Creek
17
$93.33
$1.07
$94.40
Conejos
72
$401.33
$4.59
$405.92
Crowley
143
$802.67
$9.17
$811.84
Delta
598
$3,350.67
$38.29
$3,388.96
Denver
81362
$455,627.20
$5,207.14
$460,834.34
Douglas
1573
$8,810.67
$100.69
$8,911.36
Eagle
1117
$6,253.33
$71.47
$6,324.80
Elbert
17
$93.33
$1.07
$94.40
El Paso
39253
$219,818.67
$2,512.21
$222,330.88
Fremont
2437
$13,645.33
$155.95
$13,801.28
Grand/Jackson
155
$868.00
$9.92
$877.92
Gunnison
142
$793.33
$9.07
$802.40
Jefferson
35733
$200,106.67
$2,286.93
$202,393.60
Kiowa
17
$93.33
$1.07
$94.40
Kit Carson
17
$93.33
$1.07
$94.40
Lake
163
$914.67
$10.45
$925.12
La Plata/San
Juan
1442
$8,073.33
$92.27
$8,165.60
Larimer
25975
$145,460.00
$1,662.40
$147,122.40
Las Animas
265
$1,484.00
$16.96
$1,500.96
Mesa
4983
$27,906.67
$318.93
$28,225.60
Moffat
270
$1,512.00
$17.28
$1,529.28
Montezuma
1820
$10,192.00
$116.48
$10,308.48
Morgan
3383
$18,946.67
$216.53
$19,163.20
Park
17
$93.33
$1.07
$94.40
Phillips
53
$298.67
$3.41
$302.08
Pitkin
60
$336.00
$3.84
$339.84
Pueblo
12048
$67,470.67
$771.09
$68,241.76
Rio
Grande/Mineral
80
$448.00
$5.12
$453.12
Exhibit A-2 - Page 2 of 3
Routt
362
$2,025.33
$23.15
$2,048.48
San
Miguel/Ouray
132
$737.33
$8.43
$745.76
Summit
353
$1,978.67
$22.61
$2,001.28
Weld
40828
$228,638.67
$2,613.01
$231,251.68
CDHS SNAP QA
300
$1,680.00
$19.20
$1,699.20
TOTAL
375000
$2,100,000.00
$24,000.00
$2,124,000.00
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 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 October 31, 2020 the State's agreement with TALX corporation; and
b. Amend, in accordance with this Amendment, the State's agreement with TALX Corporation.
END OF EXHIBIT A-2
Exhibit A-2 - Page 3 of 3
Contract Form
New Contract Request
Entity Information
Entity Name* Entity ID
COLORADO DEPARTMENT OF HUMAN @00003650
SERVICES
Contract Name* Contract ID
COLORADO DEPARTEMNT OF HUMAN SERVICES 3182
(CONTRACT AMENDMENT #2)
Contract Status
CTB REVIEW
Contract Lead*
CULLINTA
Contract Lead Email
cullinta@co weld co us
❑ New Entity?
Parent Contract ID
20162611
Requires Board Approval
YES
Department Project #
Contract Description
CONTRACT AMENDMENT #2 TO STATE CONTRACT NUMBER 17 INCA 91581 (TALX. AGREEMENT FOR EVSNVORK NUMBER).
Contract Description 2
Contract Type
AGREEMENT
Amount *
$231.251.68
Renewable
NO
Automatic Renewal
Grant
Department Requested BOCC Agenda Due Date
HUMAN SERVICES Date' 10.12'2019
10/1672019
Department Email
CM-
HumanSenrices(weldgov corn
Department Head Email
CM-Hurna nSer,rices-
DeptHead( v,,eldgov.corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CIv4-
COUNTY.A I I ORNEY@'.'IELD
GOV.COM
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 .Ageement Number should be left blank if those contracts are not in
On Base
Contract Dates
Effective Date Review Date* Renewal Date
09/01/2020
Termination Notice Period Committed Delivery Date Expiration Date'
10 31.2020
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JUDY GREG O
DH Approved Date
10/18,2019
Final Approval
BOCC Approved
YES
BOCC Signed Date
10,2312019
BOCC Agenda Date
10O3/2019
Originator
CULLINTA
Contact Type Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
10/2112019
Tyler Ref #
CTS TEMP
Legal Counsel
KARIN MCDOUGAL
Legal Counsel Approved Date
10/2112019
Submit
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