HomeMy WebLinkAboutC18-041 Colorado Department of Human Services_CONTRACT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency Original Contract Number
State of Colorado for the use and benefit of the 17 IHGA 91550
Department of Human Services
Contractor
Eap.le County Human Services
551 Broadway
Eagle, CO 81631
Amendment
Contract Performance Beginning Date
On or about October 19, 2016
Current Contract Expiration Date
Either upon termination of the Schedule A as specified in the
Work Number Agreement or termination as specified in this
Contract.
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bit
CONTRACT04
Eagle County Human Services
IN� AI ,1W A
his or her
STATE OF COLORADO
John W. Hickenlooper, Governor
Department of I luman Services
Reggie Btcha, ExAttive Director
By'.- t'i Poii-ell Director
Date: a /.9-3 t�i to
0
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jara ,CPA, MBA, JD
By. ..��
Clint Wood 61
Controller
Amendment Effective Date: ra..,,r u, t
1. PARTIES
This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover
Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the
State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Contract shall be construed and interpreted in accordance with the Contract.
Amendment Cnntra,t Number Page 1 of 3
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment and upon full execution of
substantially the same amendment with all counties listed in this Contract. The State shall
not be bound by any provision of this Amendment before that Amendment Effective Date,
and shall have no obligation to pay Contractor for any Work performed or expense incurred
under this Amendment either before or after of the Amendment term shown in §3.B of this
Amendment.
B. Amendment Term
The Parties' respective performances under this Amendment and the changes to the
Contract contained herein shall commence on the Amendment Effective Date shown on the
Signature and Cover Page for this Amendment or upon full execution of substantially the
same amendment with all counties listed in this Contract, whichever is later and shall
terminate on the termination of the Contract.
4. PURPOSE
The purpose of this Amendment is to:
A. Grant CDHS permission to extend and amend its agreement with TALX corporation;
B. Fornially add participating counties to the "annual minimum" table; and
C. Update pricing.
5. MODIFICATIONS
The Contract and all prior amendments thereto, if any, are modified as follows:
A. Exhibit A is hereby replaced with Exhibit A-1, which is attached and incorporated into this
Amendment.
6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Contract, and the Contract and all prior
amendments or other modifications to the Contract, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Contract, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Contract or any prior modification
to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and
control. The provisions of this Amendment shall only supersede, govern, and control over the
Special Provisions contained in the Contract to the extent that this Amendment specifically
modifies those Special Provisions.
Amendment Contract Number. Page 2 of 3
Exhibit A-1— 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 8311 l )(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 THEA 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 I 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 $1,317,750.00, which is based upon an estimated 225,000 income verification requests at
$5.75 per income verification request, plus a $2,000 per month service fee. County's responsibility for its share
of any deficiency survives termination of this Contract or the Work Number Agreement.
County is responsible for its percentage of the Annual Minimum Payment based upon the following formula:
]County's Minimum Usage] / [Total Participating counties' Previous Usage] = County Percentage
[County Percentage[ X [Annual Minimum Payment] + [Admin Feel= County Financial Obligation
IF County's Actual Annual Payment is less than County's Financial Obligation, THEN County is considered a
Deficient County and shall pay any deficiency according to the following formula:
[Annual Minimum Payment] — [Total Actual Annual Payment[ = Total Deficiency
[County Financial Obligation] — [County Actual Annual Payment] = County Deficiency
[County Deficiency] 1 ]Total counties' Deficiency] = Deficient County Percentage
[Deficient County Percentage[ X [Total Deficiency[ = Deficient County Payment to State
This table represents each county's financial obligation:
Exhibit A-1 -Page 3 of 3
County
Minimum
Usage {as a %
of 2017
usage]
Minimum
County Cost
Admin Fee
(Annual)
)
County
Financial
Obligation
Adams
20666
$118,829.50
$2,197.74
$121,033.24
Alamosa
30
$172.50
$12.00
$175.86
Arapahoe
40022
$230,126.50
$4,261.31
$234,395.81
Archuleta
29
$166.75
$12.00
$169.90
Boulder
9438
$54,268.50
$999.80
$55,274.30
Broomfield
1771
$10,183.25
$183.28
$10,372.26
Clear Creek
10
$57.50
$12.00
$59.50
Conejos
43
$247.25
$12.00
$251.93
Crowley
86
$494.50
$12.00
$503.76
Delta
359
$2,064.25
$34.35
$2,102.60
Denver
48895
$281,146.25
$5,206.78
$286,361.03
Douglas
944
$5,428.00
$96.81
$5,528.81
Eagle
670
$3,852.50
$67.62
$3,924.12
Elbert
10
$57.50
$12.00
$59.50
El Paso
23552
$135,424.00
$2,504.57
$137,935.57
Fremont
1462
$8,406.50
$152.05
$8,562.55
Grand
93
$534.75
$12.00
$544.82
Gunnison
85
$488.75
$12.00
$497.91
Jefferson
21440
$123,280.00
$2,279.25
$125,566.25
Kiowa
10
$57.50
$12.00
$59.50
Kit Carson
10
$57.50
$12.00
$59.50
Lake
98
$563.50
$12.00
$574.08
La Plata
865
$4,973.75
$88.37
$5,066.12
Larimer
15585
$89,613.75
$1,655.74
$91,275.49
Las Animas
159
$914.25
$13.09
$931.34
Mesa
2990
$17,192.50
$311.12
$17,509.62
Moffat
162
$931.50
$13.40
$948.90
Montezum
a
1092
$6,279.00
$112.58
$6,395.58
Morgan
2030
$11,672.50
$210.68
$11,889.18
Park
10
$57.50
$12.00
$59.50
Phillips
32
$184.00
$12.00
$187.56
Pitkin
36
$207.00
$12.00
$210.97
Pueblo
7229
$41,566.75
$764.20
$42,336.95
Rio Grande
48
$276.00
$12.00
$281.19
Routt
217
$1,247.75
$19.30
$1,271.05
San Miguel
79
$454.25
$12.00
$462.80
Sedgwick
34
$195.50
$12.00
$199.26
Summit
212
$1,219.00
$18.69
$1,241.69
Weld
24497
$140,857.75
$2,605.28
$143,470.03
Exhibit A-1 - Page 4 of 3
TOTAL 1 225,000 1 $1,293,750 1 $24,000 1 $1,317,750
D. Miscellaneous Provisions
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 Contractor 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 tlue annual minimum for the subsequent annual term.
6. County hereby grants the State authority to do the following:
a. Extend until February 28, 2019 the State's agreement with TALX corporation; and
b. Amend, in ac.coidauce with this AnitndnlCnt, the State's aglcement with TALX Corporation.
END OF EXHIBIT A-1
Exhibit A-1 - Page 5 of 3
