HomeMy WebLinkAbout20162611.tiffRESOLUTION
RE: APPROVE CONTRACT 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 an Agreement 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 Weld County Department of Human
Services, the Colorado Department of Human Services, commencing upon full execution, with
further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 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 Weld County of Department of Human Services, the Colorado Department of
Human Services, and Talx be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of August, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: djd,p•vi.
Weld County Clerk to the Board
BY:
uty Clerk to the Board
ED
County Attorney
Date of signature: cilleH 1 I G
cc : µso ccm r se,/ 7G)
08/O3/ ( "1
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Julie A. Cozad
arbara Kirkme
Steve Moreno
2016-2611
HR0087
1 d lb - 573
MEMORANDUM
DATE: July 15, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
Frank N. Haug, Assistant County Attorney
RE:
Department of Human Services' Participation in the
Colorado Department of Human Services (CDHS) Contract
Agreement for TALX Income Verification Services
Please review this and indicate if you would like a work session prior to placing this item on
the Board's agenda.
Request Board Approval of the Departments' Participation in the CDHS Contract
Agreement for TALX Income Verification Services. Attached is an agreement with TALX
[VS to provide income verification services for recipients of public services. We have been
working with other counties, the state, and the company to negotiate the terms. Initially, the
state was attempting to contract on behalf of the various counties without receiving prior
approval from the respective counties. We have since resolved this so that the state may only
proceed upon approval from the respective BOCC's of an IGA with the state to authorize the
state to enter into the contract. The company also attempted to distribute a "price ceiling"
among the counties, meaning that all counties would collectively be responsible for a minimum
of $912,450.00. Meaning if one county failed to pay their portion the other counties could be
on the hook to make it up. We re -negotiated this to limit each county's potential liability to a
set amount. For us it is $105,777.84. The other aspect of this agreement, we disagreed with was
to make sure that the Company could not raise the price without our permission. The language
now requires the company to notify CDIIS, who is then required to notify us, and we would
have 60 days to get out of the contract. We had asked for direct notification, but the company
instead wanted to notify CDI-IS and has been unwilling to notify each individual county,
Frank Haug has worked on the agreement, and along with Judy and her team, believe that
despite the state's initial attempt to put counties on the hook without appropriate permission,
issues have been corrected and Weld MIS can moved forward with formalizing the agreement.
I do not recommend a Work Session. I recommend approval of Weld's participation in the
State's Agreement with TALX IVS.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-2611
Pass -Around Memorandum; July 15, 2016 - (Not in CMS) Page 1
Contract Routing Number: Choose an
DEPARTMENT OF HU\L\N SERVICES
em Choose an item. 17 IHGA
CONTRACT
This contract is made and entered into by and between the named parties. In accordance with the
purposes stated herein, it is hereby agreed as follows:
STATE: CONTRACTOR:
State of Colorado for the use & benefit of the
Department of Human Services
1575 Sherman Street
Denver, CO 80203
Weld County Depatltnent of Human Services
315 N. 11th Avenue
Greeley, CO 80631
CONTRACT MADE DATE:
5/11/2016
RQS PRE -ENCUMBRANCE NUMBER:
N/A
CT/CTGG1 ENCUMBRANCE NUMBER:
N/A
CONTRACTOR'S ENTITY TYPE:
Government
CONTRACTOR'S STATE OF INCORPORATION:
N/A
TERM
This contract shall be effective upon approval
by the State Controller or designee and upon
full execution of substantially the same
agreement with all counties listed in this
contract. The Contract shall end either upon
termination of the Schedule A as specified in
the Work Number Agreement or termination
as specified in this Contract.
BILLING STATEMENTS RECEIVED
Chi ),()Se an Iron.
STATUTORY AUTHORITY:
C.R.S. § 26-1-111
PROCUREMENT METHOD.
Exempt
BID/REP/LIST PRICE AGREEMENT NUMBER
N/A
LAW SPECIFIED VENDOR STATUTE.
N/A
CONTRACT PRICE NOT TO EXCEED
N/A$
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR
N/A
PRICE STRUCTURE.
.h).h )SC Art trent
FUND SOURCE - NAME OF FEDERAL PROGRAM/GRANT AND FUNDS ID #
N/A
STATE REPRESENTATIVE:
Barry Pardus
CDHS, Office of Economic Security
1575 Sherman Street, 5`h Floor
Denver, CO 80203
CONTRACTOR REPRESENTATIVE:
Jamie Ulrich
Weld County Human Services
315 N. 11th Ave.
Greeley, CO 80631
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a.o /& 02 // (.5)
EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A- Statement of Work
Exhibit B- Universal Membership Agreement
Exhibit C- Schedule A
COORDINATION:
The State warrants that required approval, clearance and coordination has been accomplished from and with
appropriate agencies.
APPROVAL:
In no event shall this contract be deemed valid until it shall have been approved by the State Controller or
his/her designee.
PROCUREMENT:
This contractor has been selected in accordance with the requirements of the Colorado Procurement Code.
PRICE PROVISIONS:
Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds,
encumbered for the purchase of the described services and/or deliverables. The liability of the State at any
time for such payments shall be limited to the encumbered amount remaining of such funds.
Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available, and
a sufficient unencumbered balance thereof remains available for payment.
Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available.
The Contractor understands and agrees that the State shall not be liable for payment for work or services or
for costs or expenses incurred by the Contractor prior to the proper execution and State Controller approval
of this contract.
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GENERAL PROVISIONS
The following clauses apply to this contract:
A. Governmental Immunity/Limitation of Liability:
Notwithstanding anything herein to the contrary, no
term or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of
the immunities, rights, benefits, protection, or other
provisions of the "Colorado Governmental Immunity
Act", C.R.S. §24-10-101, et seq., as now or hereinafter
amended. The parties understand and agree that the
liability of the State for claims for injuries to persons
or property arising out of negligence of the State of
Colorado, its departments, institutions, agencies,
boards, officials and employees is controlled and
limited by the provisions of C.R.S. §24-10-101, et
seq., as now or hereafter amended and the risk
management statutes, C.R.S. §24-30-1501, et seq., as
now or hereafter amended. Any liability of the State
created under any other provision of this contract,
whether or not incorporated herein by reference, shall
be controlled by, limited to, and otherwise modified
so as to conform with, the above cited laws.
B. Federal Funds Contingency: Payment pursuant to this
contract, if in federal funds, whether in whole or in
part, is subject to and contingent upon the continuing
availability of federal funds for the purposes hereof.
In the event that said funds, or any part thereof,
become unavailable, as determined by the State, the
State may immediately terminate this contract or
amend it accordingly.
C. Billing Procedures: The State shall establish billing
procedures and requirements for payment due the
Contractor in providing performance pursuant to this
contract. The Contractor shall comply with the
established billing procedures and requirements for
submission of billing statements. The State shall
comply with CRS 24-30-202(24) when paying vendors
upon receipt of a correct notice of the amount due for
goods or services provided hereunder.
D. Exhibits- Interpretation: Unless otherwise stated, all
referenced exhibits are incorporated herein and made a
part of this contract. And, unless otherwise stated, in
the event of conflicts or inconsistencies between this
contract and its exhibits or attachments, such conflicts
shall be resolved by reference to the documents in the
following order of priority: 1) the Special Provisions of
this contract shall always be controlling over other
provisions in the contract or amendments; 2) the contract
"cover" pages; 3) the General Provisions of this
contract; 4) the exhibits to this contract, except that any
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exhibit entitled: "Modifications to the General
Provisions" shall take priority over the General
Provisions of this contract.
E. Notice and Representatives: For the purposes of this
contract, the representative for each party is as
designated herein. Any notice required or permitted may
be delivered in person or sent by registered or certified
mail, return receipt requested, to the party at the address
provided, and if sent by mail it is effective when posted
in a U.S. Mail Depository with sufficient postage
attached thereto. Notice of change of address or change
or representative shall be treated as any other notice.
F. Contractor Representations:
I. Licenses and Certifications: The Contractor
certifies that, at the time of entering into this
contract, it and its agents have currently in effect
all necessary licenses, certifications, approvals,
insurance, etc. required to properly provide the
services and/or supplies covered by this contract
in the state of Colorado. Proof of such licenses,
certifications, approvals, insurance, etc. shall be
provided upon the State's request. Any
revocation, withdrawal or nonrenewal of
necessary license, certification, approval,
insurance, etc. required for the Contractor to
properly perform this contract, shall be grounds
for termination of this contract by the State.
2. Qualification: Contractor certifies that it is qualified
to perform such services or provide such
deliverables as delineated in this contract.
3. Exclusion, Debarment and/or Suspension:
Contractor represents and warrants that Contractor,
or its employees or authorized subcontractors, are
not presently excluded from participation,
debarred, suspended, proposed for debarment,
declared ineligible, voluntarily excluded, or
otherwise ineligible to participate in a "federal
health care program" as defined in 42 U.S.C. §
1320a-7b(f) or in any other government payment
program by any federal or State of Colorado
department or agency. In the event Contractor, or
one of its employees or authorized subcontractors,
is excluded from participation, or becomes
otherwise ineligible to participate in any such
program during the Term, Contractor will notify the
State in writing within three (3) days after such
event. Upon the occurrence of such event, whether
or not such notice is given to Contractor, the State
reserves the right to immediately cease contracting
with Contractor.
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4. Work Performed Outside the United States or
Colorado, pursuant to C.R.S. §24-102-206: The
Contractor certifies all work performed under this
Contract, including any subcontracts, is anticipated
to be and will be performed within the United States
or Colorado, unless otherwise specified in the
Statement of Work. If work under this Contract is
anticipated to be or will be performed outside the
United States or Colorado, the countries and/or
states where work will be performed, and the
reasons it is necessary or advantageous to go
outside the United States or Colorado to perform
the work are also specified in the Statement of
Work.
G. Legal Authority: The Contractor warrants that it
possesses the legal authority to enter into this contract
and that it has taken all actions required by its
procedures, by-laws, and/or applicable law to exercise
that authority, and to lawfully authorize its
undersigned signatory to execute this contract and
bind the Contractor to its terms. The person(s)
executing this contract on behalf of the Contractor
warrant(s) that such person(s) have full authorization
to execute this contract.
Indemnification: To the extent authorized by law, the
Contractor shall indemnify, save, and hold harmless the
State against any and all claims, damages, liability and
court awards including costs, expenses, and attorney fees
and related costs, incurred as a result of any act or omission
by Contractor, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this contract. No term
or condition of this contract shall be construed or
interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions
for the parties, of the Colorado Governmental Immunity
Act, CRS 24-10-101 et seq. or the federal Tort Claims Act,
28 U.S.C. 2671 et seq. as applicable, as now or hereafter
amended. The Contractor, by execution of this contract
containing this indemnification clause, does not waive the
operation of any law concerning the parties' ability to
indemnify. The Contractor does not by this Agreement
irrevocably pledge present cash reserves for payments in
future fiscal years. This Contract is not intended to create
a multiple -fiscal year debt of the Contractor.
[Applicable Only to Intergovernmental Contracts/
No term or condition of this contract shall be
construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits,
protection, or other provisions, of the Colorado
Governmental Immunity Act, CRS §24-10-101 et
seq., or the Federal Tort Claims Act, 28 U.S.C. 2671
et seq., as applicable, as now or hereafter amended.
I. Insurance: Contractor and its Subcontractors shall
obtain and maintain insurance as specified in this
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section at all times during the term of this Contract.
All policies evidencing the insurance coverage
required hereunder shall be issued by insurance
companies satisfactory to Contractor and the State.
I. Contractor
a. Public Entities: If Contractor is a "public
entity" within the meaning of the Colorado
Governmental Immunity Act, CRS §24-10-
101, et seq., as amended (the "GIA"), then
Contractor shall maintain at all times during the
term of this Contract such liability insurance,
by commercial policy or self-insurance, as is
necessary to meet its liabilities under the GIA.
Contractor shall show proof of such insurance
satisfactory to the State, if requested by the
State. Contractor shall require each contract
with a Subcontractor that is a public entity, to
include the insurance requirements necessary
to meet such Subcontractor's liabilities under
the GIA.
b. Non -Public Entities: If Contractor is not a
"public entity" within the meaning of the GIA,
Contractor shall obtain and maintain during the
term of this Contract insurance coverage and
policies meeting the same requirements set
forth in provision I.2 below with respect to
Subcontractors that are not "public entities".
2. Contractors — Subcontractors
Contractor shall require each contract with
Subcontractors other than those that are public
entities, providing Goods or Services in
connection with this Contract, to include
insurance requirements substantially similar to
the following:
a. Worker's Compensation: Worker's
Compensation Insurance as required by State
statute, and Employer's Liability Insurance
covering all of Contractor or Subcontractor
employees acting within the course and scope
of their employment.
b. General Liability: Commercial General
Liability Insurance written on ISO occurrence
form CG 00 01 10/93 or equivalent, covering
premises operations, fire damage, independent
contractors, products and completed
operations, blanket contractual liability,
personal injury, and advertising liability with
minimum limits as follows:
(a) $1,000,000 each occurrence;
(b) $1,000,000 general aggregate;
(c) $1,000,000 products and completed
operations aggregate; and
(d) $50,000 any one fire.
If any aggregate limit is reduced below
$1,000,000 because of claims made or paid,
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Subcontractor shall immediately obtain
additional insurance to restore the full
aggregate limit and furnish to Contractor a
certificate or other document satisfactory to
Contractor showing compliance with this
provision.
c. Automobile Liability: Automobile Liability
Insurance covering any auto (including owned,
hired and non -owned autos) with a minimum
limit of $1,000,000 each accident combined
single limit.
d. Professional Liability: Professional liability
insurance with minimum limits of liability of
not less than $1,000,000, unless waived by the
State.
e. Privacy Insurance
If this Contract includes a HIPAA Business
Associates Addendum exhibit, Contractor shall
obtain and maintain during the term of this
Contract liability insurance covering all loss of
Protected Health Information data and claims
based upon alleged violations of privacy rights
through improper use or disclosure of Protected
Health Information with a minimum annual
limit of $1,000,000.
f. Additional Insured: The State shall be named as
additional insured on all Commercial General
Liability and Automobile Liability Insurance
policies (leases and construction contracts
require additional insured coverage for
completed operations on endorsements CG
2010 11/85, CG 2037, or equivalent) required
of Contractor and any Subcontractors
hereunder.
g. Primacy of Coverage: Coverage required of
Contractor and Subcontractor shall be primary
over any insurance or self-insurance program
carried by Contractor or the State.
h. Cancellation: The above insurance policies
shall include provisions preventing
cancellation or non -renewal without at least 30
days prior notice to Contractor and Contractor
shall forward such notice to the State in
accordance with provision E. Notice and
Representatives within seven days of
Contractor's receipt of such notice.
i. Subrogation Waiver: All insurance policies in
any way related to this Contract and secured
and maintained by Contractor or its
Subcontractors as required herein shall include
clauses stating that each carrier shall waive all
rights of recovery, under subrogation or
otherwise, against Contractor or the State, its
agencies, institutions, organizations, officers,
agents, employees, and volunteers.
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3. Certificates: Contractor and all Subcontractors shall
provide certificates showing insurance coverage
required hereunder to the State within seven
business days of the Effective Date of this Contract.
No later than 15 days prior to the expiration date of
any such coverage, Contractor and each
Subcontractor shall deliver to the State or
Contractor certificates of insurance evidencing
renewals thereof. In addition, upon request by the
State at any other time during the term of this
Contract or any subcontract, Contractor and each
Subcontractor shall, within 10 days of such request,
supply to the State evidence satisfactory to the State
of compliance with the provisions of this provision
J. Disaster Planning and Pandemic Outbreaks: The State
may require the Contractor to submit a Disaster
Response Plan (Plan) to ensure the delivery hereunder
of essential government services during a disaster,
declared emergency, and/or pandemic outbreak. The
Plan would take precedence over and nullify any
contractual provision relating to force majeure or
"Acts of God." Accordingly, should the work
performed by the Contractor under this contract
include the provision of any essential government
services, the State may request a Plan from the
Contractor, and, upon such request, the Contractor
shall forthwith submit a Plan, and the Contractor shall
be bound to perform hereunder in accordance
therewith.
K. Rights in Data, Documents and Computer Software or
Other Intellectual Property:
All intellectual property including without limitation,
databases, software, documents, research, programs
and codes, as well as all, reports, studies, data,
photographs, negatives or other documents, drawings
or materials prepared by the contractor in the
performance of its obligations under this contract shall
be the exclusive property of the State. Unless
otherwise stated, all such materials shall be delivered
to the State by the contractor upon completion,
termination, or cancellation of this contract.
Contractor shall not use, willingly allow or cause to
have such materials used for any purpose other than
the performance of the contractor's obligations under
this contract without a prior written consent of the
State. All documentation, accompanying the
intellectual property or otherwise, shall comply with
the State requirements which include but is not limited
to all documentation being in a paper, human readable
format which is useable by one who is reasonably
proficient in the given subject area.
Revised 03/20/2015
L. Proprietary Information: Proprietary information for the
purpose of this contract is information relating to a
party's research, development, trade secrets, business
affairs, internal operations and management procedures
and those of its customers, clients or affiliates, but does
not include information lawfully obtained by third
parties, which is in the public domain, or which is
developed independently.
Neither party shall use or disclose directly or indirectly
without prior written authorization any proprietary
information concerning the other party obtained as a
result of this contract. Any proprietary information
removed from the State's site by the Contractor in the
course of providing services under this contract will be
accorded at least the same precautions as are employed
by the Contractor for similar information in the course
of its own business.
M. Records Maintenance, Performance Monitoring &
Audits: The Contractor shall maintain a complete file
of all records, documents, communications, and other
materials that pertain to the operation of the
program/project or the delivery of services under this
contract. Such files shall be sufficient to properly
reflect all direct and indirect costs of labor, materials,
equipment, supplies and services, and other costs of
whatever nature for which a contract payment was
made. These records shall be maintained according to
generally accepted accounting principles and shall be
easily separable from other Contractor records.
The Contractor shall protect the confidentiality of all
records and other materials containing personally
identifying information that are maintained in
accordance with this contract. Except as provided by
law, no information in possession of the Contractor
about any individual constituent shall be disclosed in
a form including identifying information without the
prior written consent of the person in interest, a
minor's parent, guardian, or the State. The Contractor
shall have written policies governing access to,
duplication and dissemination of, all such information
and advise its agents, if any, that they are subject to
these confidentiality requirements. The Contractor
shall provide its agents, if any. with a copy or written
explanation of these confidentiality requirements
before access to confidential data is permitted
The Contractor authorizes the State, the federal
government or their designee, to perform audits and/or
inspections of its records, at any reasonable time, to
assure compliance with the state or federal
government's terms and/or to evaluate the Contractor's
performance. Any amounts the State paid improperly
shall be immediately returned to the State or may be
recovered in accordance with other remedies.
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All such records, documents, communications, and
other materials shall be the property of the State
unless otherwise specified herein and shall be
maintained by the Contractor, for a period of three
(3) years from the date of final payment or
submission of the final federal expenditure report
under this contract, unless the State requests that
the records be retained for a longer period, or until
an audit has been completed with the following
qualification. If an audit by or on behalf of the
federal and/or state government has begun but is
not completed at the end of the three (3) year
period, or if audit findings have not been resolved
after a three (3) year period, the materials shall be
retained until the resolution of the audit findings
The Contractor shall permit the State, any other
governmental agency authorized by law, or an
authorized designee thereof, in its sole discretion, to
monitor all activities conducted by the Contractor
pursuant to the terms of this contract. Monitoring may
consist of internal evaluation procedures,
reexamination of program data, special analyses,
on -site verification, formal audit examinations, or any
other procedures as deemed reasonable and relevant.
All such monitoring shall be performed in a manner
that will not unduly interfere with contract work.
N. Taxes: The State, as purchaser, is exempt from all
federal excise taxes under Chapter 32 of the Internal
Revenue Code [No. 84-730123K] and from all state
and local government use taxes [C.R.S. §39- 26-
I I4(a) and 203, as amended]. The contractor is hereby
notified that when materials are purchased for the
benefit of the State, such exemptions apply except that
in certain political subdivisions the vendor may be
required to pay sales or use taxes even though the
ultimate product or service is provided to the State.
These sales or use taxes will not be reimbursed by the
State.
O. Conflict of Interest: During the term of this contract,
the Contractor shall not engage in any business or
personal activities or practices or maintain any
relationships which conflict in any way with the
Contractor fully performing his/her obligations under
this contract.
Additionally, the Contractor acknowledges that, in
governmental contracting, even the appearance of a
conflict of interest is harmful to the interests of the
State. Thus, the Contractor agrees to refrain from any
practices, activities or relationships which could
reasonably be considered to be in conflict with the
Contractor's fully performing his/her obligations to
Revised 03/20/2015
the State under the terms of this contract, without the
prior written approval of the State.
In the event that the Contractor is uncertain whether
the appearance of a conflict of interest may reasonably
exist, the Contractor shall submit to the State a full
disclosure statement setting forth the relevant details
for the State's consideration and direction. Failure to
promptly submit a disclosure statement or to follow
the State's direction in regard to the apparent conflict
shall be grounds for termination of the contract.
Further, the Contractor shall maintain a written code
of standards governing the performance of its agent(s)
engaged in the award and administration of contracts.
Neither the Contractor nor its agent(s) shall participate
in the selection, or in the award or administration of a
contract or subcontract supported by Federal funds if
a conflict of interest, real or apparent, would be
involved. Such a conflict would arise when:
1. The employee, officer or agent;
2. Any member of the employee's immediate
family;
3. The employee's partner; or
4. An organization which employees, or is about to
employ, any of the above,
has a financial or other interest in the firm selected for
award. Neither the Contractor nor its agent(s) will
solicit nor accept gratuities, favors, or anything of
monetary value from Contractor's potential
contractors, or parties to subagreements.
P. Conformance with Law: The Contractor and its
agent(s) shall at all times during the term of this
contract strictly adhere to all applicable federal laws,
state laws, Executive Orders and implementing
regulations as they currently exist and may hereafter
be amended. Without limitation, these federal laws
and regulations include:
• Age Discrimination Act of 1975, 42 U.S.C. Section
6101 et seq. and its implementing regulation, 45
C.F.R. Part 91;
• Age Discrimination in Employment Act of 1967,
29 U.S.C. 621 et seq.;
• Americans with Disabilities Act of 1990 (ADA), 42
U.S.C. 12101 et seq.;
• The Drug Free Workplace Act of 1988, 41 U.S.C.
701 et seq.;
• Equal Pay Act of 1963, 29 U.S.C. 206:
• Health Insurance Portability and Accountability
Act of 1996, 42 U.S.C. § 1320d et sg . and
implementing regulations, 45 C.F.R. Parts 160 and
164;
• Immigration Reform and Control Act of 1986, 8
U.S.C. 132413;
• Pro -Children Act of 1994, 20 U.S.C. 6081 et seq.;
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• Section 504 of the Rehabilitation Act of 1973, 29
U.S.C. 794, as amended, and implementing
regulation 45 C.F.R. Part 84;
• Titles VI & VII of the Civil Rights Act of 1964, 42
U.S.C. 2000(d) & (e);
• The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, 42 USC 604a, PL 104-
193. See also State Executive Order D 015 00;
• Title IX of the Education Amendments of 1972, 20
U.S.C. 1681 et seq.;
• The Uniform Administrative Requirements for
Grants and Cooperative Agreements to State and
Local Governments (Common Rule), at 45 CFR,
Part 92;
• The Uniform Administrative Requirements for
Awards and Subawards to Institutions of Higher
Education, Hospitals, Other Non -Profit
Organizations, and Commercial Organizations
(Common Rule), at 2 CFR 215;
• Office of Management and Budget Circulars A-87,
A-21 or A-122, and A-102 or A-110, whichever is
applicable.
• OFFICE OF MANAGEMENT AND BUDGET
GUIDANCE FOR GRANTS AND
AGREEMENTS, 2 CFR Part 200.
• The Hatch Act (5 USC 1501-1508) and Civil
Service Reform Act, Public Law 95-454 Section
4728.
• Depai Intents of Labor, Health and Human Services,
and Education and Related Agencies
Appropriations Act, 1990, PL 101-166, Section
511.
• 45 CFR Subtitle A, Department of Health and
Human Services regulations.
• The Single Audit Act Amendments of 1996, 31
USC 7501, Public Law 104-156, OMB Circular A-
133, and 45 CRF 74.26.
• The Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282),
as amended by §6062 of Public Law 110-252,
including without limitation all data reporting
requirements required thereunder. This Act is
also referred to as FFATA.
• The American Recovery and Reinvestment Act of
2009 (Public Law 111-5), including without
limitation all data reporting requirements required
thereunder. This Act is also referred to as ARRA
Restrictions on Public Benefits: Pursuant to House Bill
06S-1023, as codified at C.R.S. § 24-76.5-101 et seq.,
except as otherwise provided therein or where exempt by
federal law, the State is required to verify the lawful
presence in the United States of each natural person 18 years
of age or older who applies for state or local public benefits
or for federal public benefits for the applicant. Accordingly,
Revised 03/20/2015
should the work performed by the Contractor under this
contract include the provision of any of said benefits to any
natural person 18 years of age or older who applies therefore
for the applicant, the Contractor shall follow the
requirements of said law in the provision of said benefits as
if it were the State. The State will provide the Contractor
with specific instruction on the identification
documentation required and the process to be followed by
the Contractor to properly comply with the law if the work
done under this contract is subject to these requirements
R. Statewide Contract Management System:
I. When Applicable. If the maximum amount
payable to Contractor under this Contract is
$100,000 or greater, either on the Effective Date
or at anytime thereafter, this provision applies.
2. Governing State Statutes. Contractor agrees to be
governed, and to abide, by the provisions of CRS
§24-102-205, §24-102-206, §24-103-601, §24-
103.5-101 and §24-105-102 concerning the
monitoring of vendor performance on state
contracts and inclusion of contract performance
information in a statewide contract management
system.
3. Performance Evaluation and Review.
Contractor's performance shall be subject to
Evaluation and Review in accordance with the
terms and conditions of this Contract, State law
(including without limitation CRS §24-103.5-
101), and State Fiscal Rules, Policies and
Guidance. Evaluation and Review of
Contractor's performance shall be part of the
normal contract administration process and
Contractor's performance will be systematically
recorded in the statewide Contract Management
System. Areas of Evaluation and Review shall
include without limitation quality, cost and
timeliness. Collection of information relevant to
the performance of Contractor's obligations
under this Contract shall be determined by the
specific requirements of such obligations and
shall include factors tailored to match the
requirements of Contractor's obligations
hereunder. Such performance information shall
be entered into the statewide Contract
Management System at intervals during the term
hereof determined appropriate by the State, and a
final Evaluation, Review and Rating shall be
rendered by the State within 30 days of the end of
the Contract term. Contractor shall be notified
following each performance Evaluation and
Review, and shall address or correct any
identified problem in a timely manner and
maintain work progress.
Gross Failure to Meet Performance Measures. Should
the final performance Evaluation and Review
determine that Contractor demonstrated a gross
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failure to meet the performance measures
established hereunder, the Executive Director of
the Colorado Department of Personnel and
Administration (Executive Director), upon
request by the Department of Human Services,
for good cause shown, may debar Contractor and
prohibit Contractor from bidding on future
contracts. Contractor may contest the final
Evaluation and Review and Rating by: (a) filing
rebuttal statement(s), which may result in either
removal or correction of the evaluation (CRS
§24-105-102(6)), or (b) under CRS §24-105-
102(6), exercising the debarment protest and
appeal rights provided in CRS §§24-109-106,
107, 201 or 202, which may result in the reversal
of the debarment and reinstatement of Contractor
by the Executive Director upon showing of good
cause.
3. CORA Disclosure: To the extent not prohibited
by federal law, this Contract and the performance
measures and standards under CRS §24-103.5-
101 are subject to public release through the
Colorado Open Records Act, CRS §24-72-101, et
seq.
S. Performance Ratings and Guidelines:
The Contractor will be given a Final Contractor
Performance Evaluation at the end of the contract term in
accordance with C.R.S. §24-102-205(6) and General
Provision R. above. The list of available Performance
Ratings, along with guidelines for what final rating will be
given, are as follows:
1. Above Standard: This rating may be given where
Contractor consistently performs in a manner that exceeds
the requirements of this Contract, and where such
performance is measurable against objective factors
specifically identified for use in achieving the purposes of
this provision. If applicable to work performed under this
Contract, the objective factors and performance required to
merit an "Above Standard" rating are specified in a so
dedicated Exhibit to this Contract, which may be included
herein from the start of the contract or subsequently be
added by formal contract amendment at any time before
the end of the contract term. If there is no such dedicated
Exhibit included or subsequently added herein, this rating
is unavailable.
2. Standard: This rating will be given where: I.)
Contractor's performance hereunder meets the
requirements of this Contract in areas of quality, cost, and
timeliness; 2.) Contractor's work is accepted by the State;
and 3.) full payment hereunder is made to Contractor for
such performance.
3. Below Standard: This rating may be given where
Contractor materially fails to perform the requirements of
this Contract and such failure results in the State's
invocation of contract remedies and/or contract
Revised 03/20/2015
termination in accordance with General Provision X.
below
T. Discrimination: The Contractor during the performance
of this contract shall: X.
1. not discriminate against any person on the basis of
race, color, national origin, age, sex, religion and
handicap, including Acquired Immune Deficiency
Syndrome (AIDS) or AIDS related conditions.
2. not exclude from participation in, or deny benefits
to any qualified individual with a disability, by
reason of such disability.
Any person who thinks he/she has been discriminated
against as related to the performance of this contract
has the right to assert a claim, Colorado Civil Rights
Division, C.R.S. §24-34-302, et seq.
U. Criminal Background Check: Pursuant to C.R.S. §27-
90-11 l and Department of Human Services Policy VI -
2.4, any independent contractor, and its agent(s), who
is designated by the Executive Director or the
Executive Director's designee to be a contracting
employee under C.R.S. §27-90-1 l I, who has direct
contact with vulnerable persons in a state -operated
facility, or who provides state -funded services that
involve direct contact with vulnerable persons in the
vulnerable person's home or residence, shall: submit
to a criminal background check, and report any arrests,
charges, or summonses for any disqualifying offense
as specified by C.R.S. §27-90-111 to the State. Any
Contractor or its agent(s), who does not comply with
C.R.S. §27-90-111 and DHS Policy VI -2.4, may, at
the sole discretion of the State, be suspended or
terminated.
V. Litigation: The Contractor shall within five (5)
calendar days after being served with a summons,
complaint, or other pleading which has been filed in
any federal or state court or administrative agency
notify the State that it is a party defendant in a case
which involves services provided under this contract.
The Contractor shall deliver copies of such
document(s) to the State's Executive Director. The
term "litigation" includes an assignment for the
benefit of creditors, and filings in bankruptcy,
reorganization and/or foreclosure.
W. Disputes: Except as herein specifically provided
otherwise, disputes concerning the performance of
this contract which cannot be resolved by the
designated contract representatives shall be referred in
writing to a senior departmental management staff
designated by the department and a senior manager
designated by the Contractor. Failing resolution at
that level, disputes shall be presented in writing to the
Executive Director and the Contractor's chief
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executive officer for resolution. This process is not
intended to supersede any other process for the
resolution of controversies provided by law.
Remedies: Acceptance is dependent upon completion
of all applicable inspection procedures. The State
reserves the right to inspect the goods and/or services
provided under this contract at all reasonable times
and places. The Executive Director of the State or
her/his designee may exercise the following remedial
actions should s/he find the Contractor substantially
failed to satisfy the scope of work found in this
contract. Substantial failure to satisfy the scope of
work shall be defined to mean substantially
insufficient, incorrect or improper activities or
inaction by the Contractor. Without limitation, the
State has the right to:
1. withhold payment until performance is cured,
2. require the vendor to take necessary action to
ensure that the future performance conforms to
contract requirements,
3. request removal of a Contractor's agent from
contract work,
4. equitably reduce the payment due the vendor to
reflect the reduced value of the services
performed,
5. recover payment for work that due to the
Contractor cannot be performed or would be of no
value to the State,
6. modify or recover payments (from payments
under this contract or other contracts between the
State and the vendor as a debt due to the State) to
correct an error due to omission, error, fraud
and/or defalcation,
7. terminate the contract
These remedies in no way limit the remedies available
to the State in the termination provisions of this contract,
or remedies otherwise available at law.
Y. Termination:
1. Termination for Default: The State may terminate
the contract for cause. If the State terminates the
contract for cause, it will first give ten (10) days
prior written notice to the Contractor, stating the
reasons for cancellation, procedures to correct
problems, if any, and the date the contract will be
terminated in the event problems have not been
corrected. In the event this contract is terminated
for cause, the State will only reimburse the
Contractor for accepted work or deliverables
received up to the date of termination. In the event
this contract is terminated for cause, final
payment to the Contractor may be withheld at the
discretion of the State until completion of final
audit. Notwithstanding the above, the Contractor
Revised 03/20/2015
may be liable to the State for the State's damages.
If it is determined that the Contractor was not in
default then such termination shall be treated as a
termination for convenience as described herein.
Termination for Convenience: The State shall
have the right to terminate this contract by giving
the Contractor at least twenty (20) days prior
written notice. If notice is so given, this contract
shall terminate on the expiration of the specified
time period, and the liability of the parties
hereunder for further performance of the terms of
this contract shall thereupon cease, but the parties
shall not be released from the duty to perform
their obligations up to the date of termination.
3. Immediate Termination: This contract is subject
to immediate termination by the State in the event
that the State determines that the health, safety, or
welfare of persons receiving services may be in
jeopardy. Additionally, the State may
immediately terminate this contract upon
verifying that the Contractor has engaged in or is
about to participate in fraudulent or other illegal
acts.
4. Termination for Financial Exigency: The State
shall have the right to terminate this contract for
financial exigency by giving the Contractor at
least thirty (30) days prior written notice. For the
purposes of this provision, a financial exigency
shall be a determination made by the Colorado
legislature or its Joint Budget Committee that the
financial circumstances of the State are such that
it is in the best interest of the State to terminate
this contract. If notice of such termination is so
given, this contract shall terminate on the
expiration of the time period specified in the
notice, and the liability of the parties hereunder
for further performance of the terms of this
contract shall thereupon cease, but the parties
shall not be released from the duty to perform
their obligations up to the date of termination.
In the event that the State terminates this contract
under the Termination for Convenience or
Termination for Financial Exigency provisions,
the Contractor is entitled to submit a termination
claim within ten (10) days of the effective date of
termination. The termination claim shall address
and the State shall consider paying the following
costs:
a. the contract price for performance of work,
which is accepted by the State, up to the
effective date of the termination.
b. reasonable and necessary costs incurred in
preparing to perform the terminated portion
of the contract
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c. reasonable profit on the completed but
undelivered work up to the date of
termination
d. the costs of settling claims arising out of the
termination of subcontracts or orders, not to
exceed 30 days pay for each subcontractor
e. reasonable accounting, legal, clerical, and
other costs arising out of the termination
settlement.
In no event shall reimbursement under this clause
exceed the contract amount reduced by amounts
previously paid by the State to the Contractor.
Z. Venue: The parties agree that venue for any action
related to performance of this contract shall be in the
City and County of Denver, Colorado.
AA. Understanding of the Parties:
I. Complete Understanding: This contract is
intended as the complete integration of all
understandings between the parties. No prior or
contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect
whatsoever, unless embodied herein in writing.
No subsequent novation, renewal, addition,
deletion, or other amendment hereto shall have
any force or effect unless embodied in a written
contract executed and approved pursuant to the
State Fiscal Rules. Descriptive headings as used
herein are for convenience and shall not control
or affect the meaning or construction of any
provision of this contract.
2. Severability: To the extent that this contract may
be executed and performance of the obligations of
the parties may be accomplished within the intent
of the contract, the terms of this contract are
severable, and should any term or provision
hereof be declared invalid or become inoperative
for any reason, such invalidity or failure shall not
affect the validity of any other term or provision
hereof.
3. Benefit and Right of Action: Except as herein
specifically provided otherwise, it is expressly
understood and agreed that this contract shall
inure to the benefit of and be binding upon the
parties hereto and their respective successors and
assigns. All rights of action relating to
enforcement of the terms and conditions shall be
strictly reserved to the State and the named
Contractor. Nothing contained in this agreement
shall give or allow any claim or right of action
whatsoever by any other third person. It is the
express intention of the State and the Contractor
that any such person or entity, other than the State
or the Contractor, receiving services or benefits
Revised 03/20/2015
under this agreement shall be deemed an
incidental beneficiary only.
4. Waiver: The waiver of any breach of a term
hereof shall not be construed as a waiver of any
other term, or the same term upon subsequent
breach.
5. Survival: The State and the Contractor's obligations
under this contract shall survive following
termination or expiration to the extent necessary to
give effect to the intent and understanding of the
parties.
6. Subcontracting: Except as herein specifically
provided otherwise, the duties and obligations of
the Contractor arising hereunder cannot be
assigned, delegated, subgranted or subcontracted
except with the express prior written consent of
the State. The subgrants and subcontracts
permitted by the State shall be subject to the
requirements of this contract. The Contractor is
responsible for all subcontracting arrangements,
delivery of services, and performance of any
subgrantor or subcontractor. The Contractor
warrants and agrees that any subgrant or
subcontract, resulting from its performance under
the terms and conditions of this contract, shall
include a provision that the said subgrantor or
subcontractor shall abide by the terms and
conditions hereof. Also, the Contractor warrants
and agrees that all subgrants or subcontracts shall
include a provision that the subgrantor or
subcontractor shall indemnify and hold harmless
the State. The subgrantors or subcontractors must
be certified to work on any equipment for which
their services are obtained.
BB. Holdover: In the event that the State desires to
continue the services provided for in this Contract and
a replacement contract has not been fully executed by
the expiration date of the Contract, this Contract may
be extended unilaterally by the State for a period of up
to two (2) months upon written notice to the
Contractor under the same terms and conditions of the
original Contract including, but not limited to, prices,
rates, and service delivery requirements. However,
this extension terminates when the replacement
contract becomes effective when signed by the State
Controller or an authorized delegate
CC.Health Insurance Portability & Accountability Act of
1996 ("HIPAA"). Federal law and regulations
governing the privacy of certain health information
requires a "Business Associate Contract" between the
State and the Contractor. 45 C.F.R. Section
164.504(e). If applicable to this Contract, attached
and incorporated herein by reference and agreed to by
the parties is a HIPAA Business Associate Addendum
for HIPAA compliance. Terms of the Addendum shall
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be considered binding upon execution of this contract
and shall remain in effect during the term of the
contract including any extensions.
DD. Colorado Department of Human Services (CDHS)
Fraud Policy. The CDHS Fraud Policy addresses the
need for effective and consistent measures for
preventing, detecting, and deterring fraud. The
relevant parties discussed in the policy include CDHS
employees, CDHS management, CDHS appointees,
and community partners, including contractors,
grantees, vendors, and other sub -recipients. CDHS
employees, clients, and community partners will all
benefit from an effective fraud prevention, detection,
and deterrence policy because fraud can damage the
reputation and public trust of CDHS.
EE.
All appointees and employees of the CDHS must
comply with the standards of conduct set forth in Title
24, Article 18 of the Colorado Revised Statutes,
known as the Code of Ethics, including exposing
corruption or impropriety in government, whenever
discovered. The CDHS Fraud Policy outlines how the
CDHS employees and community partners should
report fraud and how fraud will be investigated once it
is reported.
The full text of the CDHS Fraud Policy, which
Contractor hereby agrees to be subject to and abide by,
can be found on the CDHS Fraud Policy and Training
web page at:
http://www.colorado.gov/cs/Satellite/CDH S-
Emp/CBON/ 1251610724004.
Performance Outside the State of Colorado and/or the
United States: Not applicable if Contract Funds
include any federal funds] Following the Effective
Date, Contractor shall provide written notice to the
State, in accordance with General Provision E.
(Notices and Representatives), within 20 days of the
earlier to occur of Contractor's decision to perform, or
its execution of an agreement with a Subcontractor to
perform, Services outside the State of Colorado and/or
the United States. Such notice shall specify the type
of Services to be performed outside the State of
Colorado and/or the United States and the reason why
it is necessary or advantageous to perform such
Services at such location or locations. All notices
received by the State pursuant to this requirement shall
be posted on the Colorado Department of Personnel &
Administration's website. Knowing failure by
Contractor to provide notice to the State under this
requirement shall constitute a material breach of this
Contract
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FF. C-Stat - Performance Based Program Analysis and
Management Strategy (C-Stat Strategy): For the sole
purpose of providing support to the State's internal
C-Stat Strategy, the parties understand and agree that
upon request from the State, and without any
additional cost to the State, the Contractor shall
collect, maintain, and provide to the State certain
contract performance data determined by the State
during the term hereof to assist the State to measure
and assess the programmatic effectiveness of the
Contractor's performance hereunder, all in support of
the State's internal continuous quality improvement
working towards positive outcomes and managing its
performance for the betterment of all Colorado
residents.
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SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made
available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as
a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the
Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent
contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed
to be an agent or employee of the State. Contractor and its employees and agents are not entitled to
unemployment insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance
benefits will be available to Contractor and its employees and agents only if such coverage is made available by
Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to
bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall
(a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts
and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws,
rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to
discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated
herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be
valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any
provision rendered null and void by the operation of this provision shall not invalidate the remainder of this
contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by
any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer
software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and
warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place
appropriate systems and controls to prevent such improper use of public funds. If the State determines that
Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or
under this contract, including, without limitation, immediate termination of this contract and any remedy
consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507.
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest
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whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire
any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's
services and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to intergovernmental
agreements] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child
support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et
seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts
required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a
result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to
the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored
projects, intergovernmental agreements, or information technology services or products and services]
Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who
will perform work under this contract and will confirm the employment eligibility of all employees who are
newly hired for employment in the United States to perform work under this contract, through participation in the
E -Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall
not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract
with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E -Verify Program
or Department program procedures to undertake pre -employment screening of job applicants while this contract
is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if
Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work
under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting
with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado Department
of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the
contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation,
affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the
other requirements of the Department program. If Contractor fails to comply with any requirement of this
provision or CRS §8-17.5-101 et seq., the contracting State agency, institution of higher education or political
subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural
person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is
a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the
provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-
76.5-103 prior to the effective date of this contract.
Revised 1-1-09
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Contract Routing Number:
17 1HGA
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge
that the State is relying on their representations to that effect.
By:
Title:
.
CONTRACTOR
Weld County Department of Human Services
Mike Freeman
Chair, Board of Weld County Commissioners
Q
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of Human Services
R gie Bicha, Exec ive Director
1
*Signature
Date: AUG 1 0 2016
By: J lie Krow eputy Executive Director
Signatory avers to the tate Controller or delegate that
Contractor has not begun performance or that a Statutory
Violation waiver has bee requested under Fiscal Rules
Date: l 0 ( 70
By:
Title:
2nd Contractor Signature if Needed
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
By:
Signature - Assistant Attorney General
Date:
*Signature
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below
by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins
performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and/or
services provided hereunder.
By:
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Clint Woodruff, Controller
Date:
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o2a/lo-oz.lor/ 69 )
Exhibit A - 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 $912,256.45, which is based upon an estimated 164,965 income verification requests at
$5.53 per income verification request. 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 Average Previous Usage] / [Total Participating counties' Previous Usage) = County
Percentage
[County Percentage] X [Annual Minimum Payment] = 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 - Page 1 of 3
This table represents each county's financial o
County
County
Average
Previous
Usage
County
Financial
Obligation
Adams
20,445
$113,060.85
Arapahoe
8,177
$45,218.81
Bent
92
$508.76
Boulder
9,920
$54,857.60
Broomfield
831
$4,595.43
Clear Creek
7
$38.71
Conejos
87
$481.11
Crowley
7
$38.71
Delta
364
$2,012.92
Denver
30,040
$166,121.20
Douglas
1,013
$5,601.89
Eagle/Pitkin
551
$3,047.03
El Paso
18,549
$102,575.97
Fremont
814
$4,501.42
Grand
66
$364.98
Gunnison
9
$49.77
Jefferson
20,173
$111,556.69
Kiowa
7
$38.71
Kit Carson
7
$38.71
La Plata
351
$1,941.03
Larimer
21,217
$117,330.01
Las Animas
182
$1,006.46
Mesa
3,914
$21,644.42
Moffat
95
$525.35
Montezuma
476
$2,632.28
Morgan
2,349
$12,989.97
Phillips
12
$66.36
Pueblo
5,198
$28,744.94
Rio Grande
101
$558.53
Routt
571
$3,157.63
San Miguel
139
$768.67
Sedgwick
35
$193.55
Summit
38
$210.14
Weld
19,128
$105,777.84
TOTAL
164,965
$912,256.45
Exhibit A - Page 2 of 3
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.
END OF EXHIBIT A
Exhibit A - Page 3 of 3
UNIVERSAL MEMBERSHIP AGREEMENT
for
The Work Number® Social Services
This Universal Membership Agreement (the "Agreement') is entered into by and between TALX
Corporation (a provider of Equifax Verification Services), a Missouri Corporation, located at 11432 Lackland Road, St.
Louis, Missouri ("EVS"), and the State of Colorado, Colorado Department of Human Services ("CDHS").
RECITALS:
A. EVS operates The Work Number®, a service used to verify employment and income information about an
individual ("Consumers"), and various other services used to verify certain Consumer information (EVS's services
are collectively referred to herein as the "Service"); and
B. CDHS wishes to have Participating Counties use use the Service to verify certain Consumer information.
NOW, THEREFORE, EVS and CDHS agree as follows:
1. SCOPE OF THE AGREEMENT. EVS agrees to allow Colorado's counties to use the Service pursuant to the
terms of this Agreement. In that regard, this Agreement shall be considered a "master agreement" allowing the
said Colorado counties to participate, provided such counties individually execute a Participation Agreement
("Participation Agreement") in the form of Exhibit I attached hereto (including Attachment I to Exhibit 1), along
with an applicable Schedule A. It is further acknowledged by the parties that while this Agreement is with the
State of Colorado Department of Human Services, the use by the said counties will be done by each under its
status as an individual political subdivision of the State and as a separate legal entity pursuant to the terms of this
Agreement; and the Participation Agreement and Schedule A executed by said counties. All references herein, or
any applicable Schedule A, to "party" or "parties" and all references to "Participating County", shall apply equally
and separately to each county executing a Participation Agreement and Schedule A (the "Participating County").
This Agreement consists of the general terms set forth in the body of this Agreement, Exhibit 1, Exhibit 2, and
each Schedule A executed by the parties which may contain additional terms. If there is a conflict between the
general terms and conditions of this Agreement and any Exhibit or Schedule, the provisions of the Exhibit or
Schedule will govern and control. This Agreement specifically supersedes and replaces any agreement between
the parties that predates this Agreement and which relates to the Service as provided in each Schedule A, even if
the prior agreement contains an "entire agreement" or "merger" clause, and any such agreements are terminated.
2. EVS OBLIGATIONS. The Service will provide Participating County with automated access to certain
employment and/or income data ("Data") furnished to EVS by employers.
3. PARTICIPATING COUNTY OBLIGATIONS.
a. Participating County shall comply with the terms set forth in this Agreement which includes Exhibits 1 and 2,
and also each Schedule A executed by the parties which may contain additional terms.
b. CDHS shall pay for the Services on behalf of the Participating Counties and shall promptly notify EVS of any
failure by any Participating County to provide CDHS with sufficient funds to cover the cost of Services. Upon
notification from CDHS of such failure, EVS will suspend and/or terminate the Services for such Participating
County.
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.
If payment is made by credit card, EVS will charge the credit card each month for transactions completed in
the prior month. CDHSwil1 be invoiced electronically through Equifax's Electronic Invoice Presentation &
Payment (EIPP) program. Requests for paper billing are available upon CDHS'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 agreement between CDHS and EVS.
PLEASE FAX TO THE WORK NUMBER' SOCIAL SERVICES at 888-708-6816
August I I, 2015/ CUS-30372 Universal Membership Agreement- The Work Number' Social Services Page 1 of 7
-6,1,40A
g.
EVS and CDHS understand and agree that CDHS is acting as a fiscal agent for the Participating Counties,
passing through payment of all costs from the Participating Counties to EVS. CDHS shall not be liable for any
debt or payment obligation incurred by a Participating County pursuant to this Agreement or any Participation
Agreement, provided, however, that any failure by CDHS to obtain and pass through such payments from any
Particpating County shall constitute a breach of this Agreement by such Participating County; and EVS shall
have the right to terminate this Agreement with respect to such Participating County upon written notice and at
least thirty (30) days in which CDHS may cure the breach. In order to appropriately allocate costs among
Participating Counties using the Service, EVS will provide to CDHS an itemized invoice, detailing activity by
each Participating County.
c. Participating County certifies that it will order Data from the Service only when Participating County intends
to use the Data (i) in accordance with the Fair Credit Reporting Act ("FCRA") and all state law FCRA
counterparts as though the Data is a consumer report, and (ii) for one of the following FCRA permissible
purposes: (1) in connection with a credit transaction involving the Consumer on whom the Data is to be
furnished and involving the extension of credit to, or review or collection of an account of, the consumer, (2)
in connection with a determination of the consumer's eligibility for a license or other benefit granted by a
governmental instrumentality required by law to consider an applicant's financial responsibility or status, or
(3) when Participating County otherwise has a legitimate business need for the information either in
connection with a business transaction that is initiated by the Consumer, or to review an account to determine
whether the Consumer continues to meet the terms of the account; and for no other purpose.
Participating County agrees to only use the Data consistent with the obligations of users of consumer reports
as provided for in the Consumer Financial Protection Bureau (the "CFPB")'s Notice Form attached as Exhibit
1.
d. To the extent Participating County orders any Data relating to Vermont residents, Participating County
certifies that it will comply with applicable provisions under Vermont law. In particular, Participating County
certifies that it will order Data relating to Vermont residents only after Participating County has received prior
Consumer consent in accordance with VFCRA Section 2480e and applicable Vermont Rules. Participating
County further certifies that the attached copy of VFCRA Section 2480e applicable Vermont Rules as
referenced in Exhibit 2 was received from EVS.
e. Participating County may use the Data provided through the Service only as described in this Agreement.
Participating County may reproduce or store the Data obtained from the Service solely for its own use in
accordance with this Agreement, and will hold all Data obtained from the Service under this Agreement in
strict confidence and will not reproduce, reveal, or make it accessible in whole or in part, in any manner
whatsoever, to any others unless required by law, or unless Participating County first obtains EVS's written
consent; provided, however, that Participating County may discuss Consumer Data with the Data subject when
Participating County has taken adverse action against the subject based on the Data. Participating County will
not provide a copy of the Data to the Consumer, except as may be required or permitted by law or approved in
writing by EVS, except in any state where this contractual prohibition would be invalid. Participating County
will refer the Consumer to EVS whenever the Consumer disputes the Data disclosed by Participating County.
Participating County will not interpret the failure of EVS to return Data as a statement regarding that
consumer's credit worthiness, because the failure may result from one or more factors unrelated to credit
worthiness.
f. Participating County may access, use 'and store the Data only at or from locations within the territorial
boundaries of the United States, Canada, and the United States territories of Puerto Rico, Guam and the Virgin
Islands (the "Permitted Territory"). Participating County may not access, use or store the Data or EVS
Confidential Information at or from, or send the Data or Confidential Information to, any location outside of
the Permitted Territory without Participating County first obtaining EVS's written permission.
Participating County represents and warrants it (i) is administering a government funded benefit or program,
(ii) has been given the legal authority to view the Data by the Consumer or by operation of law, and iii) is
requesting the Data in compliance with all laws.
h. Participating County acknowledges it shall employ decision making processes appropriate to the nature of the
transaction in accordance with commercially reasonable standards and will utilize the Data as part of its
process.
August 11, 2015
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Universal Membership Agreement- The Work Number' Social Services Page 2 of 7
i. Participating County represents and warrants it has written authorization from the Consumer to verify income.
Participating County need not use any particular form of authorization or obtain a separate signature for
verifying income provided that the form constitutes Consumer authorization. Notwithstanding the foregoing,
in the event Participating County is using the Service to collect on defaulted child support obligations,
Participating County is not required to obtain such authorization.
j. Participating County may not allow a third party service provider (hereafter "Service Provider") to access, use,
or store the Service or Data on its behalf without first obtaining EVS's written permission and without the
Service Provider first entering into a Client Service Provider Information Use and Nondisclosure Agreement
with EVS.
k. In order to ensure compliance with this Agreement, applicable law and EVS policies, EVS may conduct
reviews of Participating County activities, from time to time, during normal business hours, at all locations
containing relevant records, with respect to Participating County's requests for Data and/or its use of Data.
Participating County shall provide documentation within a reasonable time to EVS as reasonably requested for
purposes of such review. Participating County (i) shall cooperate fully with any and all investigations by EVS
of allegations of abuse or misuse of the Services and allow EVS to access its premises, records, and personnel
for purposes of such investigations if EVS deems such access is necessary to complete such investigation(s),
(ii) agrees that any failure to cooperate fully and promptly in the conduct of any audit constitutes grounds for
immediate suspension of the Service and/or termination of the Agreement, and (iii) shall promptly correct any
discrepancy revealed by such investigation(s). Participating County shall include the name and email address
of the appropriate point of contact to whom such request should be made in the space providedin Participating
County's Participation Agreement . Participating County may change its contact information upon written
notice.
I. Additional representations and warranties as may be set forth in each Schedule A.
4. PARTICIPATING COUNTY USE OF SERVICE.
Data on the Service may be accessed by Participating County to verify Consumer's employment status ("The
Work Number® Employment Verification") or income ("The Work Number® Income Verification") for the
purposes of determining eligibility for receipt of public aid or assistance, prevention or identification of fraud,
overpayments associated with the receipt of public aid or assistance, or the establishment and enforcement of child
support orders and collecting on defaulted obligations that are in effect and valid.
5. DATA SECURITY. This Section 5 applies to any means through which Participating County orders or accesses
the Service including, without limitation, system -to -system, personal computer or the Internet. For the purposes of
this Section 5, the term "Authorized User" means a Participating County employee that Participating County has
authorized to order or access the Service and who is trained on Participating County's obligations under this
Agreement with respect to the ordering and use of the Service, and the Data provided through same, including
Participating County's FCRA and other obligations with respect to the access and use of Data.
a. Participating County will, with respect to handling any Data provided through the Service:
I. ensure that only Authorized Users having a need to know can order or have access to the Service for an
authorized purpose,
2. ensure that Authorized Users do not order Data for personal reasons or provide Data to any third party
except as permitted by this Agreement,
3. inform Authorized Users that unauthorized access to Data may subject them to civil and criminal liability
under the FCRA and other state and federal privacy laws punishable by fines and imprisonment,
4. ensure that all devices used by Participating County to order or access the Service are placed in a secure
location and are accessible only by Authorized Users, and that such devices are secured when not in use
through such means as screen locks, shutting power controls off, or other commercially reasonable
security procedures,
5. take all necessary measures to prevent unauthorized ordering of or access to the Service by any person
other than an Authorized User for permissible purposes, including, without limitation, (i) limiting the
knowledge of the Participating County security codes, user names, User IDs, and any passwords
Participating County may use, to those individuals with a need to know. In addition, the User IDs must be
unique to each person, and the sharing of User IDs or passwords is prohibited.
August 11, 2015
CUS-30372
Universal Membership Agreement- The Work Number' Social Services Page 3 of 7
6. change Participating County's user passwords at least every ninety (90) days, or sooner if an Authorized
User is no longer responsible for accessing the Service, or if Participating County suspects an
unauthorized person has learned the password. Additionally, perform at least quarterly entitlement reviews
to recertify and validate Authorized User's access privileges,
7. adhere to all security features in the software and hardware Participating County uses to order or access
the Services, including the use of IP restriction,
8. implement secure authentication practices when providing User ID and passwords to Authorized Users,
including but not limited to using individually assigned email addresses and not shared email accounts,
9. in no event access the Services via any unsecured wireless hand-held communication device, including but
not limited to, web enabled cell phones, interactive wireless pagers, personal digital assistants (PDAs),
mobile data terminals and portable data terminals
10. only use assets such as personal computer hard drives or portable and/or removable data storage
equipment or media (including but not limited to laptops, zip drives, tapes, disks, CDs, and DVDs) owned
by Participating County to store the Data. In addition, Data must be encrypted when not in use and all
printed Data must be stored in a secure, locked container when not in use, and must be completely
destroyed when no longer needed by cross -cut shredding machines (or other equally effective destruction
method) such that the results are not readable or useable for any purpose. In either case, commercially
reasonable practices for the type of Data received from EVS must be employed,
11. if Participating County sends, transfers or ships any Data, encrypt the Data using the following minimum
standards, which standards may be modified from time to time by EVS: Advanced Encryption Standard
(AES), minimum 128 -bit key or Triple Data Encryption Standard (3DES), minimum 168 -bit key,
encrypted algorithms,
12. not ship hardware or software between Participating County's locations or to third parties without deleting
all EVS Participating County number(s), security codes, User IDs, passwords, Participating County user
passwords, and any consumer information, or Data,
13. monitor compliance with the obligations of this Section 5, and immediately notify EVS if Participating
County suspects or knows of any unauthorized access or attempt to access the Service, including, without
limitation, a review of EVS invoices for the purpose of detecting any unauthorized activity,
14. if, subject to the terms of this Agreement, Participating County uses a Service Provider to establish access
to the Service, be responsible for the Service Provider's use of Participating County's user names, security
access codes, or passwords, and Participating County will ensure the Service Provider safeguards
Participating County's security access code(s), User IDs, and passwords through the use of security
requirements that are no less stringent than those applicable to Participating County under this Section 5,
15. use commercially reasonable efforts to assure data security when disposing of any Data obtained from
EVS. Such efforts must include the use of those procedures issued by the federal regulatory agency
charged with oversight of Participating County's activities (e.g. the Federal Trade Commission, the
applicable banking or credit union regulator) applicable to the disposal of consumer report information or
records,
16. use commercially reasonable efforts to secure Data when stored on servers, subject to the following
requirements: (i) servers storing Data must be separated from the Internet or other public networks by
firewalls which are managed and configured to meet industry accepted best practices, (ii) protect Data
through multiple layers of network security, including but not limited to, industry -recognized firewalls,
routers, and intrusion detection/prevention devices (IDS/IPS), (iii) secure access (both physical and
network) to systems storing Data, which must include authentication and passwords that are changed at
least every ninety (90) days; and (iv) all servers must be kept current and patched on a timely basis with
appropriate security -specific system patches, as they are available,
17. not allow Data to be displayed via the Internet unless utilizing, at a minimum, a three-tier architecture
configured in accordance with industry best practices,
18. use commercially reasonable efforts to establish procedures and logging mechanisms for systems and
networks that will allow tracking and analysis in the event there is a compromise, and maintain an audit
trail history for at least three (3) months for review,
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Universal Membership Agreement- The Work Number"' Social Services Page 4 of 7
19. provide immediate notification to EVS of any change in address or office location and are subject to an
onsite visit of the new location by EVS or its designated representative, and
20. in the event Participating County has a security incident involving EVS Confidential Information,
Participating County will fully cooperate with EVS in a security assessment process and promptly
remediate any finding.
b. If EVS reasonably believes that Participating County has violated this Section 5, EVS may, in addition to any
other remedy authorized by this Agreement, with reasonable advance written notice to Participating County
and at EVS's sole expense, conduct, or have a third party conduct on its behalf, an audit of Participating
County's network security systems, facilities, practices and procedures to the extent EVS reasonably deems
necessary, including an on -site inspection, to evaluate Participating County's compliance with the data security
requirements of this Section 5.
6. CONFIDENTIALITY. Each party acknowledges that all materials and information disclosed by a party
("Disclosing Party") to another party ("Recipient") in connection with performance of this Agreement consist of
confidential and proprietary data ("Confidential Information"). Each Recipient will hold those materials and that
information in strict confidence, and will restrict its use of those materials and that information to the purposes
anticipated in this Agreement. If the law or legal process requires Recipient to disclose confidential and
proprietary data, Recipient will notify the Disclosing Party of the request. Thereafter, the Disclosing Party may
seek a protective order or waive the confidentiality requirements of this Agreement, provided that Recipient may
only disclose the minimum amount of information necessary to comply with the requirement. Recipient will not
be obligated to hold confidential any information from the Disclosing Party which (a) is or becomes publicly
known, (b) is received from any person or entity who, to the best of Recipient's knowledge, has no duty of
confidentiality to the Disclosing Party, (c) was already known to Recipient prior to the disclosure, and that
knowledge was evidenced in writing prior to the date of the other party's disclosure, or (d) is developed by the
Recipient without using any of the Disclosing Party's information. The rights and obligations of this Section 6
with respect to (i) confidential and proprietary data that constitutes a "trade secret" (as defined by applicable law),
will survive termination of this Agreement for so long as such confidential and proprietary information remains a
trade secret under applicable law; and (ii) all other confidential and proprietary data, will survive the termination
of this Agreement for the longer of two (2) years from termination, or the confidentiality period required by
applicable law. Notwithstanding the foregoing, EVS acknowledges that the terms of this Agreement (excluding
any Schedules attached) may be subject to release under the Colorado Open Records Act (the "Act") or similar
acts that may apply to government agencies. If Participating County is compelled to disclose any Confidential
Information under the Act, Participating County will provide EVS with prompt written notice so that EVS may
seek protection of its Confidential Information which may be exempt from disclosure under the Act. If such
protection is not obtained by the date that Participating County must comply with the request, Participating County
will furnish only that portion of the Confidential Information that it is advised by counsel that it is legally required
to furnish, and Client will exercise commercially reasonable efforts to obtain confidential treatment of the
Confidential Information so disclosed.
7. TERM AND TERMINATION. This Agreement shall be for an initial 90 -day trial term ("Trial Term") to allow
CDHS to evaluate the Service. Should CDHS elect to continue using the Service beyond such Evaluation Term,
the Term of this Agreement shall be for an annually renewable term, and shall be automatically renewed for
successive one year terms unless either party provides notice to the other party of its intent not to renew the
Agreement at least ninety (90) days prior to the conclusion of the then current term. CDHS may terminate this
Agreement or any Schedule(s), at any time upon thirty (30) days prior written notice to EVS. Any Participating
County may likewise terminate its Participation Agreement upon thirty (30) days notice to EVS. Unless otherwise
provided for in the relevant schedule, EVS may, with thirty (30) days notice, (i) change the price of the Service
once annually, and/or (ii) change the Service Schedule and/or Description as deemed necessary, in EVS's sole
discretion. CDHS's or Participating County's use of the Service after such thirty (30) day period shall constitute
its agreement to such change(s), without prejudice to its right to terminate this Agreement as provided above. If
EVS believes that CDHS or Participating County has breached an obligation under this Agreement, EVS may, at
its option and reserving all other rights and remedies, terminate this Agreement and/or any Schedules executed by
Participating County immediately upon notice to CDHS and/or Participating County.
8. RIGHTS TO SERVICE. The Service and the Data, including all rights thereto, are proprietary to EVS.
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CUS-30372
Universal Membership Agreement- The Work Number" Social Services Page 5 of 7
9. WARRANTY. EVS warrants that the Service will be performed in all material respects in a reasonable and
workmanlike manner and in compliance with laws and regulations applicable to EVS's performance thereof.
CDHS and Participating County each acknowledge that the ability of EVS to provide accurate information is
dependent upon receipt of accurate information from employers. EVS does not warrant that the Service will be
error free. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, EVS MAKES NO OTHER
WARRANTIES AS TO THE SERVICE OR THE DATA, EXPRESSED OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTY OF GOOD TITLE, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR
PURPOSE EVEN IF EVS KNOWS OF SUCH PURPOSE.
10. LIMITATION OF LIABILITY. In no event shall EVS be liable to CDHS or any Participating County for
indirect, special, incidental, economic, consequential or punitive damages, including but not limited to lost
revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss
of use of software or any portion thereof regardless of the legal theory under which such damages are sought.
Except for (i) death, personal injury, and property damage, and (ii) EVS's indemnification obligations found
herein, damages of any kind payable by EVS shall not exceed the sum paid by Participating County during the
twelve months prior to the act or occurrence which gives rise to the claim.
11. INDEMNIFICATION. EVS agrees to indemnify, defend and hold harmless ("Indemnify") CDHS, the
Participating Counties and their elected officials, officers, agents, and employees (each, an "Indemnified Party"),
from and against claims, demands, liabilities, suits, damages, expenses and costs, including reasonable attorneys',
experts' and investigators' fees and expenses ("Claims") brought by third parties against the Indemnified Party and
arising from EVS's or its directors', officers' or employees' (i)-negligent or intentional, wrongful act or omission,
(ii) violation of applicable law or (iii) infringement on third party proprietary rights.
12. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Colorado, without giving
effect to the principles of conflict of laws thereof.
13. FORCE MAJEURE. Neither party will be liable to the other for any delay, or interruption in performance as to
any obligation hereunder resulting from governmental emergency orders, judicial or governmental action,
emergency regulations, sabotage, riots, vandalism, labor strikes or disputes, acts of God, fires, electrical failure,
major computer hardware or software failures, equipment delivery delays, acts of third parties, or delays or
interruptions in performance beyond its reasonable control.
14. INSURANCE: EVS shall maintain through the Term of this Agreement, at EVS's sole cost and expense, (i) all
insurance coverage required by federal and state laws, including worker's compensation and employer's liability
all with statutory minimum limits, (ii) general and auto liability coverage, and (iii) professional liability (Errors
and Omissions) insurance, with insurance companies with an A.M. Best Rating of at least A -VIII in amounts no
less than those currently in place as of the execution date of this Agreement. Prior to start of work, EVS shall
provide a certificate or adequate proof of the foregoing insurance. Upon execution of this Agreement, EVS shall
add CDHS as additional insured on all applicable policies except Workers Compensation and Errors' and
Omissions.
15. MISCELLANEOUS. This Agreement sets forth the entire agreement between the parties regarding the Service.
Except as otherwise provided in this Agreement, this Agreement may be amended only by a subsequent writing
signed by both parties. This Agreement may not be assigned or transferred by Participating County without EVS's
prior written consent. This Agreement shall be freely assignable by EVS and shall inure to the benefit of and be
binding upon the permitted assignee of either CDHS or EVS. If any provision of this Agreement is held to be
invalid or unenforceable under applicable law in any jurisdiction, the validity or enforceability of the remaining
provisions thereof shall be unaffected as to such jurisdiction and such holding shall not affect the validity or
enforceability of such provision in any other jurisdiction. To the extent that any provision of this Agreement is
held to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be
limited only to the extent required by applicable law and enforced as so limited. Any notice under this Agreement
shall be effective upon personal delivery by an overnight or other courier or delivery service, or three (3) days after
pre -paid deposit with the postal service, in either case to the party's address in the first sentence of this Agreement
or any substitute therefore provided by notice.
16. COUNTERPARTS/EXECUTION BY FACSIMILE. For the convenience of the parties, copies of this
Agreement and Schedules hereof may be executed in two or more counterparts and signature pages exchanged by
facsimile. The parties intend that counterpart copies signed and exchanged as provided in the preceding sentence
August l 1, 2015
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Universal Membership Agreement- The Work Number" Social Services Page 6 of 7
shall be fully binding as an original handwritten executed copy hereof and thereof and all of such copies together
shall constitute one instrument.
CDHS and the Participating County each acknowledge receipt of Exhibit 1, "Notice to Users of Consumer Reports
Obligations of Users". Furthermore, CDHS and the Participating County have read "Notice to Users of Consumer
Reports Obligations of Users"which explains Participating County's obligations under the FCRA as a user of
consumer report information (to be initialed by the person signing on behalf of Participating County).
IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below.
STATE OF COLORADO TALX Corporation,
John W. Hickenlooper, GOVERNOR provider of Equifax Verification Services
Colorado Department of Human Services
Reggie Bicha, Executive Director
By
(signature):
Name
(print):
Title:
Date:
X026•
keoum.La�
By
(signature):
Name
(print):
Title:
Date:
t1/61441 /10A,
v1ce I�irc,dd�r
VI
5'4!C;Opds-,i
This Agreement 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:
cP�
Clint Woodruff, Controller / Valri Gimple, ! e uty Controller
Date:
�bIZ�(15
August 1 I, 2015
CUS-30372
Universal Membership Agreement- The Work Numbers Social Services Page 7 of 7
UNIVERSAL SERVICE AGREEMENT
Exhibit 1
PARTICIPATION AGREEMENT
{Enter County Name} ("Participating County") and TALX Corporation, ("EVS") agree (i) that Participating County
shall receive Services under the provisions of the Universal Membership Agreement dated (the "Agreement"), by
and between EVS and CDHS, which provisions are incorporated herein by reference; and (ii) that each reference to
Participating County in the Agreement shall refer to Participating County separately, as if Participating County had
executed the Agreement itself.
Effective Date:
Participating County Information:
Location ID:
Location Name:
Main Contact:
Main Contact Email Address
Main Contact Phone Number:
Main Contact Fax Number:
Main Contact Address:
Main Contact City:
Main Contact State:
Main Contact Zip:
Audit Contact:
Audit Contact Email Address:
By signing below, Participating County agrees to each and every term and condition of the Agreement. Each person
signing below represents and warrants that he or she has the necessary authority to bind the respective party set forth
below.
Agreed:
Participating County
By (signature):
Name (print):
Title:
Date:
TALX Corporation,
riaAr
Vice- Idvt>' '5.n�cy UPS t-sr^�
By (signature):
Name (print):
Title:
Date:
August I I, 2015
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Universal Membership Agreement -The Work Number" Social Services Page I of 3
Exhibit I
UNIVERSAL MEMBERSHIP AGREEMENT
for
The Work Number® Social Services
Attachment 1 to Exhibit 1
VERMONT FAIR CREDIT REPORTING CON TRACT CERTIFICATION
The undersigned, {Enter County Name} ("Participating County"), acknowledges that it subscribes to receive various
information services from TALX Corporation, provider of Equifax Verification Services ("EVS") in accordance with the
Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999), as amended (the "VFCRA"), and the federal Fair Credit
Reporting Act, 15, U.S.C. 1681 et. seq., as amended (the "FCRA"), and its other state law counterparts. In connection
with Participating County's continued use of EVS services in relation to Vermont consumers, Participating County hereby
certifies as follows:
Vermont Certification. Participating County certifies that it will comply with applicable provisions under Vermont law.
In particular, Participating County certifies that it will order Data relating to Vermont residents, that are credit reports as
defined by the VFCRA, only after Participating County has received prior consumer consent in accordance with VFCRA
§ 2480e and applicable Vermont Rules. Participating County further certifies that the attached copy of VFCRA § 2480e
applicable Vermont Rules were received from EVS.
Participating County:
Signed By:
Printed Name and Title:
Account Number:
Date:
Please also include the following information:
Compliance Officer or Person Responsible for Credit Reporting Compliance
Name:
Title:
Mailing Address: _
E -Mail Address: _
Phone: Fax:
August 11, 2015
CUS-30372
Universal Membership Agreement -The Work Number.' Social Services Page 2 of 3
Exhibit 1
Vermont Fair Credit Reporting Statute, 9 V.S.A. § 2480e (1999)
§ 2480e. Consumer consent
(a) A person shall not obtain the credit report of a consumer unless:
(1) the report is obtained in response to the order of a court having jurisdiction to issue such an order; or
(2) the person has secured the consent of the consumer, and the report is used for the purpose consented to by the
consumer.
(b) Credit reporting agencies shall adopt reasonable procedures to assure maximum possible compliance with subsection
(a) of this section.
(c) Nothing in this section shall be construed to affect:
(1) the ability of a person who has secured the consent of the consumer pursuant to subdivision (a)(2) of this section to
include in his or her request to the consumer permission to also obtain credit reports, in connection with the same
transaction or extension of credit, for the purpose of reviewing the account, increasing the credit line on the account, for
the purpose of taking collection action on the account, or for other legitimate purposes associated with the account; and
(2) the use of credit information for the purpose of prescreening, as defined and permitted from time to time by the
Federal Trade Commission.
VERMONT RULES *** * CURRENT THROUGH JUNE 1999 * * *
AGENCY 06. OFFICE OF THE ATTORNEY GENERAL
SUB -AGENCY 031. CONSUMER PROTECTION DIVISION
CHAPTER 012. Consumer Fraud --Fair Credit Reporting
RULE CF 112 FAIR CREDIT REPORTING
CVR 06-031-012, CF 112.03 (1999)
CF 112.03 CONSUMER CONSENT
(a) A person required to obtain consumer consent pursuant to 9 V.S.A. §§ 2480e and 2480g shall obtain said consent in
writing if the consumer has made a written application or written request for credit, insurance, employment, housing or
governmental benefit. If the consumer has applied for or requested credit, insurance, employment, housing or
governmental benefit in a manner other than in writing, then the person required to obtain consumer consent pursuant to 9
V.S.A. §§ 2480e and 2480g shall obtain said consent in writing or in the same manner in which the consumer made the
application or request. The terms of this rule apply whether the consumer or the person required to obtain consumer
consent initiates the transaction.
(b) Consumer consent required pursuant to 9 V.S.A. §§ 2480e and 2480g shall be deemed to have been obtained in
writing if, after a clear and adequate written disclosure of the circumstances under which a credit report or credit reports
may be obtained and the purposes for which the credit report or credit reports may be obtained, the consumer indicates his
or her consent by providing his or her signature.
(c) The fact that a clear and adequate written consent form is signed by the consumer after the consumer's credit report has
been obtained pursuant to some other form of consent shall not affect the validity of the earlier consent.
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Universal Membership Agreement -The Work Number" Social Services Page 3 of 3
Exhibit I
UNIVERSAL MEMBERSHIP AGREEMENT
for
The Work Numbers' Verifier Services
Exhibit 2
All users of consumer reports must comply with all applicable regulations. Information about applicable regulations currently
in effect can be found at the Consumer Financial Protection Bureau's website, www.consumerfinance.gov/learnmore.
NOTICE TO USERS OF CONSUMER REPORTS: OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that this notice be provided to inform users of consumer
reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set forth in full at the
Consumer Financial Protection Bureau's (CFPB) website at www.consumerfinance.gov/learnmore. At the end of this document is a
list of United States Code citations for the FCRA. Other information about user duties is also available at the CFPB's website.
Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent
sections discuss the duties of users of reports that contain specific types of information, or that are used for certain purposes, and the
legal consequences of violations. If you are a furnisher of information to a consumer reporting agency (CRA), you have additional
obligations and will receive a separate notice from the CRA describing your duties as a furnisher.
I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose
wider the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes under the law. These are;
• As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)((2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's
account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission.
Sections 604(a)(3)(B) and 604(6)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section
604(a) (3) (F) (i)
• To review a consumer's account to determine whether the consumer continues to meet the terms of the account. Section
604(a) (3) (F) (I1)
• To determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by
law to consider an applicant's financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks
associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or modifications and
enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened"
unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of "prescreened" information are described
in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has
certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for
any other purpose.
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Exhibit 2
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term "adverse action" is defined very broadly by Section 603. "Adverse actions" include all business, credit, and employment
actions affecting consumers that can be considered to have a negative impact as defined by Section 603(k) of the FCRA - such as
denying or canceling credit or insurance, or denying employment or promotion. No adverse action occurs in a credit transaction where
the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer
report, Section 6I 5(a) requires the user to notify the consumer. The notification may be done in writing, orally, or by electronic means.
It must include the following:
• The name, address, and telephone number of the CRA (including a toll -free telephone number, if it is a nationwide CRA)
that provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
• A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the
consumer makes a request within 60 days.
• A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any
information provided by the CRA.
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting
Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon
information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section
615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information
that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure
within a reasonable period of time following the consumer's written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on
information of the type covered by the FCRA, and this information was obtained from an entity affiliated with the user of the
information by common ownership or control, Section 615(b)(2) requires the user to notify the consumer of the adverse action. The
notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied upon by making a
written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the
nature of the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates
and then used for an adverse action, the user must make an adverse action disclosure as set forth in I.C. I above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identity theft, or an active duty military alert with a nationwide
consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports
obtained from the consumer reporting agency in certain circumstances, including the establishment of a new credit plan and the
issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable policies and procedures
in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by
the consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information
provided in the consumer's alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when the address for a
consumer provided by the user in requesting the report is substantially different from the addresses in the consumer's file. When this
occurs, users must comply with regulations specifying the procedures to be followed. Federal regulations are available at
www.consumerfinance.gov/learnmore.
F. Users Have Obligations Wizen Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing
this information. Federal regulations have been issued that cover disposal.
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Universal Membership Agreement -The Work Number' Social Services Page 2 of 5
Exhibit 2
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on
material terms that are materially less favorable than the most favorable terms available to a substantial proportion of consumers from
or through that person, based in whole or in part on a consumer report, the person must provide a risk -based pricing notice to the
consumer in accordance with regulations prescribed by the CFPB.Section 609(g) requires a disclosure by all persons that make or
arrange loans secured by residential real property (one to four units) and that use credit scores.
These persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in
Section 609(g)(1)(D) ("Notice to the Home Loan Applicant").
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT
PURPOSES
A. Employment Other Than in the Trucking Industry
If information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the
FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists
solely of the disclosure, that a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may
be obtained at the time of employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in
violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is to be taken based on
the consumer report, a copy of the report and a summary of the consumer's rights will be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of
consumer's rights. (The user should receive this summary from the CRA.) A Section 615(a) adverse action notice should be
sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data)
obtained from an affiliate is used to deny employment. Section 615(b)(2)
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail,
telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an adverse action may be made
orally, in writing, or electronically. The consumer may obtain a copy of any report relied upon by the trucking company by contacting
the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general
reputation, personal characteristics, and mode of living is obtained through personal interviews by an entity or person that is a
consumer reporting agency. Consumers who are the subjects of such reports are given special rights under the FCRA. If a user intends
to obtain an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a
written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not later than three days
after the date on which the report was first requested. The disclosure must include a statement informing the consumer of
his or her right to request additional disclosures of the nature and scope of the investigation as described below, and the
summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by
the CRA that conducts the investigation.)
• The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the
disclosure described below.
• Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the
user must make a complete disclosure of the nature and scope of the investigation. This must be made in a written statement
that is mailed, or otherwise delivered, to the consumer no later than five days after the date on which the request was
received from the consumer or the report was first requested, whichever is later in time.
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Exhibit 2
V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with
Federal, state or local laws and regulations or the rules of a self -regulatory organization, and compliance with written policies of the
employer. These investigations are not treated as consumer reports so long as the employer or its agent complies with the procedures
set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is made to the employee if an adverse action
is taken based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that
appears in a coded form that does not identify the medical provider). If the information is to be used for an insurance transaction, the
consumer must give consent to the user of the report or the information must be coded. If the report is to be used for employment
purposes — or in connection with a credit transaction (except as provided in federal regulations) — the consumer must provide specific
written consent and the medical information must be relevant. Any user who receives medical information shall not disclose the
information to any other person (except where necessary to carry out the purpose for which the information was disclosed, or as
permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF "PRESCREENED" LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers
of credit or insurance under certain circumstances. Sections 603(1), 604(c), 604(E), and 615(d). This practice is known as
"prescreening" and typically involves obtaining from a CRA a list of consumers who meet certain preestablished criteria. If any
person intends to use prescreened lists, that person must (I) before the offer is made, establish the criteria that will be relied upon to
make the offer and to grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on
which the offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous
statement that:
• Information contained in a consumer's CRA file was used in connection with the transaction.
• The consumer received the offer because he or she satisfied the criteria for credit worthiness or insurability used to screen
for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet
the criteria used for screening or any applicable criteria bearing on credit worthiness or insurability, or the consumer does
not furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or
insurance by contacting the notification system established by the CRA that provided the report. The statement must
include the address and toll -free telephone number of the appropriate notification system.
In addition, the CFPB has established the format, type size, and manner of the disclosure required by Section 615(d), with
which users must comply. The relevant regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end -user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end -user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including
procedures to obtain:
(l) the identity of all end -users;
(2) certifications from all users of each purpose for which reports will be used;and
(3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller.
Resellers must make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the
reseller must determine whether this is a result of an action or omission on its part and, if so, correct or delete the information. If not,
the reseller must send the dispute to the source CRA for reinvestigation. When any CRA notifies the reseller of the results of an
investigation, the reseller must immediately convey the information to the consumer.
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Exhibit 2
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include
these in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private
lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false
pretenses may face criminal prosecution. Section 619.
The CFPB's website, www.consumertinance.gov/learnmore, has more information about the FCRA, including publications
for businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 168 IcA
Section 605B 15 U.S.C. 1681cB
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681 j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 16811
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 16810
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681 u
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 168 I y
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Universal Membership Agreement -The Work Numbers Social Services Page 5 of 5
Exhibit 2
UNIVERSAL MEMBERSHIP AGREEMENT
SCHEDULE A - THE WORK NUMBER® EXPRESS SOCIAL SERVICE
FEES AND SERVICE DESCRIPTION
I) AGENCY USE OF SERVICE:
The Work Number® is an employment verification service provided by TALX Corporation (a provider of Equifax
Verification Services), a Missouri corporation ("EVS"), to its employer clients. Data on the Service may be accessed by
agency to verify Consumer's employment status ("The Work Number® Employment Verification") or income ("The
Work Number® Income Verification") for government purposes. EVS shall provide the Service in accordance with the
Universal Membership Agreement ("Agreement"), Exhibit 1 to the Agreement and this Schedule A (which is part of this
Agreement). All defined terms used herein shall have the meaning ascribed to them in the Agreement.
a) Product. The Work Number® Employment Verification includes the Consumer's (i) employer name and (ii)
employment status. The Work Number® Income Verification may include, without limitation, the Consumer's (i)
employer address, (ii) employment dates, where available. (iii) position title, (iv) medical and dental information,
where available, (v) pay rate, (vi) up to three (3) years of YTD gross income details, and (vii) up to three (3) years
of pay period detail.
b) Delivery. The Service provides automated access to requested Data via the Internet or phone. If Data is requested
via the Internet, it will be delivered instantly via the same mode. If Data is requested via the phone, it will be
delivered by fax within one (1) business day.
C) Input Requirements. An Agency may request access to Data by providing the Consumer's social security
number.
PRICING: Fees for Services provided under this Schedule include:
O Onsite Inspection Fee: Waived
Agency Initials:
Verification Fees: Select a pricing plan below and initial by the plan you choose
Xj Pilot Pricing — The Work Number will provide unlimited pilot access for 90 days. Agency Initials: c�.J
II) PAYMENT TERMS AND TAXES: Invoices are due net forty-five (45) days with one (1%) percent interest per month
applied over forty five (45) days. Invoices outstanding over forty five (45) days will result in loss of access to the
Service. 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. If payment is made by credit card, EVS will charge the credit card each month for transactions completed in the
prior month. Client will be invoiced electronically through Equifax's Electronic Invoice Presentation & Payment (EIPP)
program. Requests for paper billing are available upon Client's request and are subject to additional monthly fees. Such
fees are subject to modification by Equifax at intervals of no less than one year. upon prior written notice.
III) MODIFICATION OF SERVICE DESCRIPTION: EVS may modify this Service Description on thirty (30) days
notice to Agency. Agency may terminate the Service within thirty (30) days after notice of a modification to the Service
Description on written notice to EVS. Absence of such termination shall constitute Agency's agreement to the
modification.
SIGNATURE PAGE FOLLOWS
PLEASE FAX TO THE WORK NUMBER® SOCIAL SERVICES at 888-708-6816
October 8, 2014 / CUS-30372 Schedule A - Express Page 1 of 5
LRD August 11, 2015
UNIVERSAL MEMBERSHIP AGREEMENT
SCHEDULE A - THE WORK NUMBER EXPRESS SOCIAL SERVICE
FEES AND SERVICE DESCRIPTION
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Colorado Department of Human Services
Reggie Bicha, Executive Director
By
(signature):
Name
(print):
Title:
Date:
TALX Corporation,
provider of Equifax Verification Services
Name
(print):
Title:
Date:
JN/itc- noel Mot-
t/1'c G f "es : cf/r i% Sc, �ry dperth rots
_//3/ !s
This Agreement 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:
(A)
Clint Woodruff, Controller / Valri Gimple,
Date:
ifrz7J/
t
eputy Controller
PLEASE FAX TO THE WORK NUMBERS SOCIAL SERVICES at 888-708-6816
October 8, 2014 / CUS-30372 Schedule A - Express Page 2 of 5
LRD August 11, 2015
UNIVERSAL MEMBERSHIP AGREEMENT
SCHEDULE A - THE WORK NUMBER® EXPRESS SOCIAL SERVICE
FEES AND SERVICE DESCRIPTION
AGENCY TYPE:
JState or County Social Services uman Services Agency Social Security Administr ion /Medicaid
_Work Program (WIA) Housing Authority (Federal, State or County) Child Support Enforcement
Low -Income Housing (i.e. Sec. 8, Sec. 42)
****Please provide proof of low-income status****
NOTE: IF YOU ARE COMPLETING THIS AGREEMENT FOR AN APARTMENT,
YOU MUST FAX PROOF OF THE APARTMENT'S LOW-INCOME STATUS
(i.e., APPLICATION, OCCUPANCY GUIDELINES, etc.) WITH THIS SERVICE
AGREEMENT OR YOUR ACCOUNT WILL NOT BE ACTIVATED
Other:
SPECIFIC PROGRAMS OR DIVISIONS THAT WILL USE THIS SERVICE (Check ALL that apply):
X Food Stamps X TANF X General Cash Assistance X Low -Income Energy Assistance
IEVS X Fraud Investigations X Quality Control X Housing Assistance
Work -related Assistance X Emergency Assistance Title II Title XVI Title IV -D
Other: Please indicate all other programs that will use the service:
CONTACT INFORMATION
Agency/Organization!
Company Name:
DBA or Management
Company, if different:
Website address:
Main Contact:
Title:
Phone #:
Supervisor.
Userl:
User2:
User3:
User4:
User5:
Colorado Department of Human
Services
http://Colorado.gov/CDHS
Samantha O'Neill -Dunbar
Project Manager
303.866.22864
Levetta Love
Address:
City:
State:
Zip Code:
E-mail:
Fax #:
Supervisor
Phone#
1575 Sherman St, 3rd Floor
Denver
CO
80203
samantha.oneilldunbar@state.co.us
303.866.2054
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
a #
E-mail Address
Please provide the names, fax numbers and e-mail addresses of up to 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 you have additional users, once Agreement is accepted, you will receive more information on how to
register users.
PLEASE FAX TO THE WORK NUMBER® SOCIAL SERVICES at 888-708-6816
October 8, 2014 / CUS-30372 Schedule A - Express
LRD August I I, 2015
Page 3 of 5
BILLING INFORMATION
Billing Contact:
Billing Contact
Title:
Billing Phone #:
Billing Fax #:
Billing E-mail:
Expected Monthly Usage:
Billing Address:
City:
State:
Zip Code:
Your invoice will be sent via E-mail.
Payment Method: ❑ Check ❑ Credit Card
How will you perform verification requests? ❑ Website ❑ Phone
Can we send your Invoice via e-mail? ❑ Yes ❑ No
Is your agency Tax Exempt? ❑ Yes ❑ No
How did you hear about our Social Services program?
❑ From an employer 0 From an applicant ❑ Through an Internet search
❑ I called the Client Service Center for assistance and the representative gave me this option
❑ A Work Number representative called me and explained the service.
Agency Type:
® Federal/State/County/City/Local/Government
❑ Non- Profit Organization
❑ For -Profit Organization
❑ Apartment Complex/Property Management
❑ Social Security Administration
❑ Housing Authority
❑ Third Party Vendor for Government Agency
❑ Other: Please specify
Each program requires documented proof. Specific Program(s) that will use this service:
® Food Stamps ® TANF
® Fraud Investigations ® Child Support Enforcement
® Low -Income Energy Assistance ❑ Pre -Employment
® Low -Income Housing ❑ Mortgage Loans
O Other: (Please indicate other programs that will use this service:
® MEDICAID
® Daycare Assistance
O Work -related Assistance
❑ Collections
If you are an Apartment Complex or Property Management Company, please answer the following questions;
How many units do you have? How many of those are subsidized units?
Note: Subsidized units are those in which the owner receives funds from Federal, State, County or Local
• Government.
Are you affiliated with City/State Housing Authority? ❑ Yes ❑ No
If yes, please include the name:
October 8, 2014 / CUS-30372
LRD August 11, 2015
Schedule A - Express Page 4 of 5
Qualifications: In order to process your application, your agency/organization is required to provide proof
Ssupoorting documentation) of your need for employment and income verifications. Please provide the following:
Federal/State/County/City/Local/Government
1. Copy of program's application
2. Income guidelines to determine eligibility
Social Security Administration
1. Copy of program's application
2. Income guidelines to determine eligibility
Non -Profit / For -Profit Organizations
1. Copy of program's application
2. Income guidelines to determine eligibility
3. Affiliation (contract) with a
Federal/State/County/City/Local/Government
4. Funding source
Third Party Vendor for Government Agency
1. Copy of program's application
2. Income guidelines to determine eligibility
3. Affiliation (contract) with a
Federal/State/County/City/Local/Government
4. Funding source.
Housing Authority
1. Copy of tenant's application
2. Income guidelines for low-income housing
3. Complete HUD Schedule or Rural Development
Rent Schedule or L.U.R.A. (Land Use Restriction
Agreement)
Apartment Complex/Property Management
1. Copy of tenant's application
2. Income guidelines for low-income housing
3. 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 your
agency/organization/company name, may delay processing of your agreement or disqualify your
application.
October 8, 2014 / CUS-30372
LRD August 1 I , 2015
Schedule A - Express Page 5 of 5
UNIVERSAL MEMBERSHIP AGREEMENT
SCHEDULE A - THE WORK NUMBER® EXPRESS SOCIAL SERVICE
FEES AND SERVICE DESCRIPTION
I) USE OF SERVICE:
The Work Number' is an employment verification service provided by TALX Corporation (a provider of Equifax Verification Services), a
Missouri corporation ("EVS"), to its employer clients. EVS shall provide the Service in accordance with the Universal Membership Agreement
between EVS and the State of Colorado, Colorado Department of Human Services ("CDHS") (the "Agreement"), Exhibit 1 to the Agreement
and this Schedule A (which is part of the Agreement). Data on the Service may be accessed by Participating County (as defined in the
Agreement) to verify Consumer's employment status ("The Work Number® Employment Verification") or income ("The Work Number®
Income Verification") for government purposes. All defined terms used herein shall have the meaning ascribed to them in the Agreement.
Notwithstanding any conflicting provisions in the Agreement, the parties acknowledge and agree that this Schedule A to the Agreement, any
future Schedule, or amendments to Schedule A or amendments to the Agreement, may be executed by CDHS without requiring separate
signatures of each Participating County only if CDHS was authorized to take this action through approval by all Participating Counties which is
in writing and signed by a person authorized by the governing body for each Participating County in accordance with such county's local
procedures. CDHS represents to EVS that, prior to executing any such Schedule or amendments to a schedule or the Agreement, CDHS shall
have such written authorization from each Participating County to take such action.
a) Product. The Work Number`' Employment Verification includes the Consumer's (i) employer name and (ii) employment status. The
Work Number Income Verification may include, without limitation, the Consumer's (i) employer address, (ii) employment dates, where
available, (iii) position title, (iv) medical and dental information, where available, (v) pay rate, (vi) up to three (3) years of YTD gross
income details, and (vii) up to three (3) years of pay period detail.
b) Delivery. The Service provides automated access to requested Data via the Internet or phone. If Data is requested via the Internet, it will
be delivered instantly via the same mode. If Data is requested via the phone, it will be delivered by fax within one (I) business day.
c) Input Requirements. A Participating County may request access to Data by providing the Consumer's social security number.
II) TERM: Notwithstanding any conflicting terms in Section 7 of the Agreement, this Schedule A shall be for an initial annual term effective
January 1, 2016 — December 31, 2016 (the "Initial Term"); with four (4) optional annual renewal terms ("Successive Terms") available, upon
written agreement between the parties. For the avoidance of doubt the Term of the Agreement shall remain in effect as long as there is an
outstanding schedule with a term then in effect.
III) PRICING: Fees for Services provided under this Schedule include:
Verification Fees:
® Annual Minimum Payment: CDHS Initials:
Total cost per year
( verifications)
Transaction Type
Annual
Verification
Ceiling
(total # of
verifications)
Cost Above Ceiling
Employment Summary
(SSN Search)
FREE
UNLIMITED
FREE
Income Verification
$912,450.00 per year
165,000
$5.53 per income verification
IV) The request by Participating County and the performance by EVS of an Emp oyment Verification (and/or Income Verification, if applicable)
under this Agreement and Schedule A shall be referred to as "Transaction(s)". The Annual Minimum payment shall be charged to CDHS for all
Transactions up to and including the Annual Transaction Ceiling. For Transactions charged against the Annual Transaction Ceiling, CDHS will
be billed monthly, as transactions occur at the effective rate of $5.53 per Transaction. Each Transaction performed above the Annual
Transaction Ceiling will be charged at $5.53 per Transaction and shall also be billed monthly. In the event the Participating Counties do not
collectively use all Transactions allotted under the Annual Transaction Ceiling by the end of any annual term, EVS shall invoice CDHS for
each Participating County failing to meet its allotted portion of the Annual Transaction Ceiling (as specified in Exhibit 1 hereto) during such
annual term, the remaining portion of such Participating County's corresponding Annual Minimum Payment; and CDHS shall remit payment
for such remaining portion(s) directly to EVS. EVS and CDHS understand that CDHS is acting as a fiscal agent for the Participating Counties,
passing through payment of all costs from the Participating Counties to EVS, including the Annual Minimum Payment. CDHS shall not be
liable for any debt or payment obligation, including the Annual Minimum Payment, incurred by a Participating County pursuant to this
Agreement or any Participation Agreement, provided, however, that any failure by CDHS to obtain and pass through such payments from any
Participating County shall constitute a breach of this Agreement by such Participating County; and EVS shall have the right to terminate this
Agreement with respect to such Participating County upon written notice and at least thirty (30) days in which CDHS may cure the breach.
March 14, 2013 Template Universal Membership Agreement -The Work Number" Social Services
CUS-30372 / FOR EXECUTION Schedule A LRD July 13, 2016
Page 1 of 6
Notwithstanding any conflicting provisions in the Agreement, EVS shall provide written notice of any increase in fees to CDHS at least ninety
(90) days prior to the end of the Initial Term, and each Successive Term. Upon receipt of such notice, CDHS shall within five (5) business days
notify Participating Counties, and CDHS or any Participating County shall have sixty (60) days after receipt of notice to notify EVS and CDHS
of any Participating Counties' election to terminate their Participation Agreement(s). Upon EVS's receipt of any such notice(s), the Annual
Minimum Payment shall be adjusted accordingly for each remaining Successive Term, and the Annual Transaction Ceiling shall likewise be
adjusted for each remaining Successive Term, by deleting the portion of the Annual Transaction Ceiling attributable to each Participating
County terminating its Participation Agreement.
Transactions allotted under the Annual Transaction Ceiling that are not used during the Annual Term will not be available for use in any
Successive Term.
SSN Searches will be free and do not count against the annual ceiling.
V) PAYMENT TERMS AND TAXES: Invoices are due net forty-five (45) days. Invoices outstanding over forty five (45) days will result in loss
of access to the Service. Except to the extent that CDHS has provided an exemption certificate, direct pay permit or other such appropriate
documentation for each Participating County, 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. If payment is made by credit card, EVS will charge the credit
card each month for transactions completed in the prior month. CDHS will be invoiced electronically through Equifax's Electronic Invoice
Presentation & Payment (EIPP) program. Requests for paper billing are available upon CDHS's request and are subject to additional monthly
fees. Such fees are subject to modification by Equifax at intervals of no less than one year, upon prior written notice.
VI) MODIFICATION OF SERVICE DESCRIPTION: EVS may modify this Service Description on ninety (90) days' prior written notice to
CDHS and shall within five (5) business days notify Participating Counties. CDHS may terminate this Schedule A, or any Participating County
may terminate its Participation Agreement, within ninety (90) days after receipt of notice of a modification to the Service Description on written
notice to EVS and CDHS; and, upon CDHS's request, an amendment to memorialize the modification to the Service Description may be
executed by the parties. Absence of such termination or amendment request shall constitute CDHS's and each remaining Participating County's
agreement to the modification.
March 14, 2013 Template
CUS-30372 / FOR EXECUTION
Universal Membership Agreement -The Work Number" Social Services Page 2 of 6
Schedule A [RD July 13, 2016
UNIVERSAL MEMBERSHIP AGREEMENT
SCHEDULE A - THE WORK NUMBER® EXPRESS SOCIAL SERVICE
FEES AND SERVICE DESCRIPTION
IN WITNESS WHEREOF, the parties have executed this Agreement on the date indicated below.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Colorado Department of Human Services
Reggie Bicha, Executive Director
By
(signature):
Name
(print):
Title:
Date:
TALX Corporation,
provider of Equifax Verification Services
By
(signature):
Name
(print):
Title:
Date:
This Agreement 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:
Clint Woodruff, Controller / Vain Gimple, Deputy Controller
Date:
March 14, 2013 Template
CUS-30372 / FOR EXECUTION
Universal Membership Agreement -The Work Number'Social Services Page 3 of 6
Schedule A LRD July 13, 2016
AGENCY TYPE:
® State or County Social Services/Human Services Agency ❑ Social Security Administration Z Medicaid
❑ Work Program (WIA) ❑ Housing Authority (Federal, State or County) ® Child Support Enforcement
❑ Low -Income Housing (i.e. Sec. 8, Sec. 42)
****Please provide proof of low-income status****
NOTE: IF YOU ARE COMPLETING THIS AGREEMENT FOR AN APARTMENT,
YOU MUST FAX PROOF OF THE APARTMENT'S LOW-INCOME STATUS
(i.e., APPLICATION, OCCUPANCY GUIDELINES, etc.) WITH THIS SERVICE
AGREEMENT OR YOUR ACCOUNT WILL NOT BE ACTIVATED
❑ Other:
SPECIFIC PROGRAMS OR DIVISIONS THAT WILL USE THIS SERVICE (Check ALL that apply):
® Food Stamps ® TANF ® General Cash Assistance ® Low -Income Energy Assistance
❑ IEVS ® Fraud Investigations ® Quality Control ❑ Housing Assistance
❑ Work -related Assistance ® Emergency Assistance ❑ Title II O Title XVI ® Title IV -D
® Other: Please indicate all other programs that will use the service: Child Care Assistance and Child Welfare/IV-E
CONTACT INFORMATION
Agency/Organization/
Company Name: Address:
DBA or Management
Company, if different: City:
Website address: State:
Main Contact: Zip Code:
E-mail:
Fax #:
Userl:
User2:
User3:
User4:
User5:
Title:
Phone #:
Supervisor:
Supervisor
Phone#
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
Fax#
E-mail Address
Not Applicable
Please provide the names, fax numbers and e-mail addresses of up to 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 you have additional users, once Agreement is accepted, you will receive more information on how to register users.
March 14, 2013 Template Universal Membership Agreement -The Work Number' Social Services
CUS-30372 / FOR EXECUTION
Schedule A
Page 4 of 6
LRD July 13, 2016
BILLING INFORMATION
Billing Contact:
Billing Contact
Title:
Billing Phone #:
Billing Fax #:
Billing E-mail:
Expected Monthly Usage:
Billing Address:
City:
State:
Zip Code:
Your invoice will be sent via E-mail.
Payment Method: 0 Check ❑ Credit Card
If the Expected Monthly Usage is equal or less than 25 transactions, the method of payment recommended is Credit Card.
How will you perform verification requests'? ® Website ❑ Phone
Can we send your Invoice via e-mail? ❑ Yes ❑ No
Is your agency Tax Exempt? ❑ Yes ❑ No
How did you hear about our Social Services program?
❑ From an employer 0 From an applicant ❑ Through an Internet search
❑ I called the Client Service Center for assistance and the representative gave me this option
® A Work Number representative called me and explained the service.
Agency Type:
® Federal/State/County/City/Local/Government
❑ Non- Profit Organization
❑ For -Profit Organization
❑ Apartment Complex/Property Management
❑ Social Security Administration
O Housing Authority
O Third Party Vendor for Government Agency
O Other: Please specify
Each program requires documented proof. Specific Program(s) that will use this service:
® Food Stamps ® TANF
® Fraud Investigations ® Child Support Enforcement
® Low -Income Energy Assistance ❑ Pre -Employment
❑ Low -Income Housing 0 Mortgage Loans
❑ Other: (Please indicate other programs that will use this service:
® MEDICAID
® Daycare Assistance
❑ Work -related Assistance
❑ Collections
If you are an Apartment Complex or Property Management Company, please answer the following questions:
How many units do you 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.
Are you affiliated with City/State Housing Authority? ❑ Yes
If yes, please include the name:
® No
March 14, 2013 Template
CUS-30372 / FOR EXECUTION
Universal Membership Agreement -The Work Number' Social Services Page 5 of 6
Schedule A LRD July 13, 2016
EXHIBIT 1 TO
SCHEDULE A - THE WORK NUMBER° EXPRESS SOCIAL SERVICE
Partiiciaatinci County Transaction Allocations
County
Per County Transaction Allocation
Per County Financial Obligation
Adams
20,445
$113,060.85
Arapahoe
8,177
$45,218.81
Bent
92
$508.76
Boulder
9,920
$54,857.60
Broomfield
831
$4,595.43
Clear Creek
6
$33.18
Conejos
87
$481.11
Crowley
6
$33.18
Delta
364
$2,012.92
Denver
30,039
$166,115.67
Douglas
1,013
$5,601.89
Eagle/Pitkin
551
$3,047.03
El Paso
18,549
$102,575.97
Fremont
814
$4,501.42
Grand
66
$364.98
Gunnison
9
$49.77
Huerfano
6
$33.18
Jefferson
20,173
$111,556.69
Kiowa
6
$33.18
Kit Carson
6
$33.18
La Plata
351
$1,941.03
Larimer
21,216
$117,324.48
Las Animas
182
$1,006.46
Mesa
3,914
$21,644.42
Moffat
95
$525.35
Montezuma
476
$2,632.28
Montrose
35
$193.55
Morgan
2,349
$12,989.97
Phillips
12
$66.36
Pueblo
5,198
$28,744.94
Rio Grande/Mineral
101
$558.53
Routt
571
$3,157.63
San Miguel
139
$768.67
Sedgwick
35
$193.55
Summit
38
$210.14
Weld
19,128
$105,777.84
TOTAL
165,000
$912,450.00
March 14, 2013 Template
CUS-30372 / FOR EXECUTION
Universal Membership Agreement -The Work Number' Social Services
Schedule A - Exhibit 1
Page 6 of 6
LRD July 13, 2016
Date:
COLORADO
Office of Economic Security
Department of Human Services
November 18, 2016
To: County Human Services Directors
From: Barry Pardus, OES Deputy Director
Regarding: Work Number Agreement for 2017
Key Words: Work Number; IGA
Number: IM-OES-2016-0003
Information Memorandum
Background
As you are aware, the Department of Human Services has fully executed the agreement with
Equifax Verification Services (EVS) in October in order to offer statewide access to the Work
Number. Securing a statewide agreement enables a discounted price, via economies of scale,
compared to what any individual county would likely secure. Simultaneous with signing the
Work Number agreement, the Department has initiated Intergovernmental Agreements (IGAs)
with all counties using the Work Number in 2016. The IGAs essentially set the parameters for
shared statewide usage, including minimum transactions counties are responsible for in order to
avoid any penalty if the statewide usage is below the floor stipulated in the EVS agreement.
(The Department is in the midst of returning a copy of executed IGAs to county offices.)
The Work Number is the largest proprietary database of up-to-date employment and income
data, providing real-time searches for income or employment status among millions of
employment records from more than 4,300 employers nationwide. In Colorado, the Work
Number is a tool available to county workers to verify applicant and participant income for public
programs (including Colorado Works, Adult Financial, Food Assistance, Medicaid, LEAP, Child
Care Assistance, Child Support Programs, and Child Welfare IV -E) enabling counties to serve
customers more efficiently and effectively. Counties using the Work Number are charged $5.53
for each search that returned income or employment information relevant to a case file.
(Searches that return either nothing or outdated information that is not downloaded for a casefile
will incur no fee.) The Department pays the monthly EVS invoice on behalf of the counties, who
are charged for their discrete program usage through the monthly Settlement process.
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w
2017: Next Steps
Given the delayed 2016 execution, the 2017 agreement is already upon us. EVS has agreed to
maintain the same price per transaction ($5.53) and minimum statewide cost of $912,450. This
is an opportunity for counties to choose to opt into or out of the agreement. There are multiple
decision points at this juncture, requiring various actions from counties, as follows:
In 2016, the following 35 counties are participating in the statewide Work Number agreement:
Adams Douglas Larimer Routt
Arapahoe Eagle Las Animas San Miguel
Bent El Paso Mesa Sedgwick
Boulder Fremont Moffat Summit
Broomfield Grand Montezuma Weld
Clear Creek Gunnison Morgan
Conejos Jefferson Phillips
Crowley Kowa Pitkin
Delta Kit Carson Pueblo
Denver La Plata Rio Grand
Status quo: Counties who are currently accessing the Work Number and want to continue
accessing the Work Number in 2017 do not need to do anything at this time. (However, if there
are any counties choose to drop out or sign up, existing counties will need to agree to the
required changes to Schedule A regarding the minimum number of transactions per county.)
Similarly, counties not currently accessing the Work Number in 2016 and do not want to
participate in 2017 do not need to do anything.
Stop access: Any counties currently accessing the Work Number who would like to halt usage
among their employees can choose to do so, effective December 31, 2016, via written
notification to the Department. If any counties drop out, all existing participating counties would
be required to affirm that change to the agreement, as well as the effect of any redistributed
transactions among the participating counties. This would simply require a written affirmation
(by e-mail) to the changes.
The following 29 counties are currently not participating in the statewide Work Number
agreement:
Alamosa Gilpin Ouray
Archuleta Hinsdale Park
Baca Huerfano Prowers
Chaffee Jackson Rio Blanco
Cheyenne Lake Saguache
Costilla Lincoln San Juan
Custer Logan Teller
Dolores Mineral Washington
Elbert Montrose Yuma
Garfield Otero
2
Begin access: If any of the 29 counties not currently accessing the Work Number would like to
begin using that system to support their county processes, it would require the county to sign an
IGA with the Department, as a party to the Work Number agreement, and agree to a number of
annual transactions. (Note: In 2016, Colorado is on pace to exceed the minimum transactions
required by several thousand.) All counties who are current parties to the agreement would
need to affirm their agreement (via e-mail) with the changed distribution of minimum required
transactions by new counties entering the mix.
Next Steps
Counties who are not changing whether they are accessing or not accessing the Work
Number do not need to do anything at this time.
Any county who would like either to start access or stop access needs to alert the
Department (Samantha.oneilldunbar@state.co.us or Barrv.pardus(a�state.co.us) as quickly as
possible, no later than 12:00 noon on Monday. December 5th. If there are any changes to the
county participation, all participating counties will be contacted in order to affirm those changes.
Meanwhile, we will work individually with counties wanting to access the Work Number in order
to enable that access.
We are excited to be able to continue to provide the economies of scale, through a statewide
agreement, to provide the Work Number to support your processes and connect people with
vital resources to meet their families' needs quickly.
If you have any questions about the Work Number or instructions contained in this memo,
please contact:
Samantha O'Neill -Dunbar, Policy and Legislative Analyst
Samantha.oneilldunbar@state.co.us
303-866-2864
Memo Website: https://sites.google.com/a/state.co.us/cdhs-memo-series/home
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