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HomeMy WebLinkAboutAgenda - 01-19-1999 - 8eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 19, 1999 Action Agenda Item No. $ - SUBJECT: Contract Award- Electronic Benefits Transfer Training for Food Stamp Recipients DEPARTMENT: Purchasing DSS PUBLIC HEARING: (Y/11n ~© BUDGET AMENDMENT: (Y/N) ATTACHMENT(S): TABULATION INFORMATION CONTACT: Pam Jones, ext 2650 Marti Pryor-Cook, ext 2800 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To consider awarding a contract for Electronic Benefits Transfer (EBT) training for food stamp recipients. BACKGROUND: Vice President Gore issued a report in September 1993, From Red Tape to Results, that called for the development of a nationwide system to electronically deliver government benefits. The desired outcome was to replace the paper-based benefit delivery system with a single, integrated system that delivered benefits electronically for a full range of federal and state government programs. In February 1995, North Carolina joined with eight other states to develop a multi- state, multi-program EBT network North Carolina began implementation of the EBT program for food stamps in 1998, utilizing aphase-in process for the counties. Orange County is required to implement the EBT program for food stamps on March 1, 1999. The Food Stamp EBT program will provide access to benefits through automated teller machines (ATM's) and retail point-of sale terminals. The current paper-based coupons will be eliminated Each recipient will receive a plastic card and a secret PIN number to access his or her account. Once implemented, this system will provide many advantages for recipients such as the elimination of coupon theft and the stigma attached to the use food stamp coupons. This program will also benefit Orange County by eliminating the $26,000 yearly food stamp issuance expenditure and the cost of replacing lost coupons. Food Stamp recipients in Orange County are required to receive training in February 1999 on the use of the EBT system. Training will occur over a two-week period in both Chapel Hill and Hillsborough. The request for proposals for the conversion training was mailed out in December 1998 to three vendors. Two vendors responded Service Design Associates, Inc. of Raleigh, North Carolina submitted the lowest responsible proposal at a lump sum cost of $28,175. Funds necessary for the training centract were approved in the Fiscal Year 1998/99 budget. The County is eligible to receive 50% federal reimbursement for all a *+>inicrrative costs associated with converting to the EBT program. RECONQ1~iENDATION(S): Award a contract to Service Design Associates, Inc., Raleigh, NC, in the amount of $28,175; and authorize the Manager to sign, contingent upon Attorney and staff review. BID TABULATION BID FOR: ELECTRONIC BENEFITS TRANSFER BID AWARDED TO: TRAINING CLOSING DATE: 12-29-98 BID PRICE: CLOSING TIME: 3:00 PM BUDGETED AMOUNT: VENDOR SERVICE DESIGN ASSOCIATES CITIBANK & LOCKHEED MARTIN I~T~~ [~1~Ii~1 $28,175.00 $28,275.00 O/~/~~99 /~.~~" State of North Carolina County of Orange This Agreement is trade and entered into this '~ day of FP1~r1JU.rT, 1999, by and between Service Design Associates, Inc., hereinafter referred to as "the Contractor," and Orange County, North Carolina on behalf of the Orange County Department of Social Services, hereinafter referred to as "County". WITNESSET[i: Whereas, the North Carolina Department of Health and Human Services ("DHHS") entered into a contract with Citibank F.S.B. of Florida to implement an electronic benefits transfer ("EBT") system for delivery of certain benefits to its clients; and Whereas, the cattract, DHR-497-96, reserves twto DHHS the right to allow each County on behalf of its department of social services to cottract for training services outside of the primary contract; and Whereas, the Orange County Department of Social Services, hereinafter "DSS," has requested and received a Proposal for Training services from the Contractor; and Whereas, the parties hereto desire to reduce the terms of this contract to writing; and Now, therefore, in consideration of the mutual promises set forth herein, the parries agree as follows: 1. The Contractor agrees to provide training services for EBT clients of DSS as described and as indicated on the Contractor completed "Bid Form" which is attached hereto as Exhibit A and incorporated herein by reference. The following description of services to be provided by the Contractor is intended to supplement the description and list of Exhibit A services: Scheduling and preparation will be located within DSS so that appointment scheduling, tracking, and rescheduling can be coordinated. This will be handled by one scheduler and manager, and will require the use of one agency office and a telephone provided by the Contractor. Additional staff will be utilized as necessary. In the 30 days prior to EBT implementation, one training team will perform 5-6 training sessions per day, 35-45 customers per session, to ensure training availability to all customers. The Contractor will schedule appointments, mail two appointment letters, reschedule appointments for customers, and send a 3rd appointment notice to customers who miss their initial appointments. The Contractor will have the capacity to conduct EBT training for 2,780 customers. DSS will provide the required space to conduct the training. DSS will provideJrent one (1) POS machines and two (2) PIN selection devices to be used by the Contractor during the customer conversion training and the required written training materials and training videos provided by the State. 2. That the Contractor shall act as an independent contractor and shall not represent himself as an agent or employee of County for any purpose in the performance of the Contractor's duties under this contract. Accordingly, the Contractor shall be responsible for all federal, state, and local taxes arising out of the Contractor's activities in acxordance wiW this contract, including federal and state income tax, social security tax, unemployment insurance taxes, and any other taxes or business license fees as required; 3. That the Contractor shall complete a W-9 form at the time the contract is signed. If this form is not received in County's Finance Office, backup withholding will be initiated. The Contractor will be issued a 1099 if payments aze over SIX HUNDRED DOLLARS ($600.00). The Contractor shall file necessary federal and state tax forms; 4. That the Contractor is an equal opportunity employer and it is in compliance with all laws and regulations governing the requirements of the Equal Employment Opportunity Act, the Department of Labor and Title VI of the Civil Rights Ad of 1964. The Contractor hereby assures that it shall comply with Title VII of the Civil Rights Act to the end that no person shall, on the grounds of age, race, creed, sex, s national origin be excluded from participation in, be denied the benefits of, be otherwise subjected to discrimination under this contract or under any project, program a activity supported by this contract. The nondiscrimination clause contained in Section 202 Executive Order 11246, as amended by Executive Order 11375, relating to Equal Employment Opportunity for all persons without regazd to race, color, religion, sex, age s national origin and the implementing rules and regulations prescribed by the Secretary of Labor, aze incorporated herein. Program for Employment of the Handicapped (Affirmative Action); regulations issued by the Secretary of Labor of the United States in Title 20, Part 741, Chapter VI, subchapter "c" of We Code of Federal Regulation, pursuant to the provisions of Executive Order 11758 and Section 503 of the Federal Rehabilitation Act of 1973 and the American Disabilities Act of 1992 are incorporated herein. 5. That the Contractor warrants and certifies that it is in full compliance with the Drug-Free Workplace Act of 1988; 6. TERM: That the term of this contract shall be for the period of time beginning January 1, 1999 and shall continue until February 28, 1999, unless terminated pursuant to We terms of this contract contained hereinafter; 7. TERMINATION: If the Contractor shall fail to perform its contractual obligations and duties, after having been given a reasonable opportunity to do so, County shall thereupon have the right to terminate this contract by mailing written notice to the Contracts of such termination and specifying the effective date thereof. A reasonable opportunity to perform under this contract is defined as within (15) days of the date of notification. In the event of termination fs default, the Contracts shall be paid fs services provided and accepted by County. If the contract is terminated fs default, the Contracts shall be liable to County fs any damages sustained by County. County may terminate without cause in whole s in part whenever for any reason, in its sole discretion, County shall determine that such termination is in County's best interest. If County terminates this contract fs convenience, the Contractor shall be paid fs services as set forth in this contract. The Contracts may terminate this contract in writing at any time with 30 days notice to Cotmty. If the Contractor as provided herein terminates the contract, the Contracts shall not be liable fs any damages that aze attributable in whole s in part to County's failure to perform its responsibilities. 8. MODIFICATION IN WRITING: That this contract may be modified upon mutual consent of both parties by a written amendment at any time; 9. ASSIGNMENT: That this contract, s any right hereunder, shall not be assigned by any party, ns any duty hereunder delegated by any party without the written consent of the other party, and such assignment ands delegation without said consent shall be void; 10. JURISDICTION/CONTROLLING LAW: That this contract shall be governed and construed in accsdance with the laws of the State of North Cazolina. All actions relating in any way to this contract shall be brought in the General Court of Justice of the State of North Carolina, venue to be in Orange County, North Cazolina; 2 11. ENTIRE AGREEMENT: This contract is the en[tre and only agreement of the parties concerning the subject matter. It supersedes all prior negotiations, understandings, s agreements whether oral s written, concerning the subject matter. 12. SERVICE PAYMENTS: County agrees to pay to the Contractor for the contracted services the amount of $28,175 as specifically provided in paragraph number 23 of this contract. This compensation is full and complete compensation for services rendered under the terms of this contract. The parties agree that all payments shall be paid to Service Design Associates, Inc., 225 Hillsborough St., Suite 290, Raleigh, N.C. 27603 13. GENERAL: This contract contains its terms and conditions. This contract is also subject to the provisions of all applicable federal and State laws, regulations, policies, and standards. If in the event there is a cottflict between a term and condition of Wis contract and federal and Slate law, federal and State law shall prevail. The Contractor agrees that all DSS case files will be maintained and used solely for the intended purposes of this contract and safeguarded and their confidentiality maintained as provided in federal law and in N.C. Gen. Stat. § 108A-80. 14. AMENDMENT: No modification a change of any provision in this contract shall be made, s be construed to have been made, unless such modification is agreed to in writing by the Contractor and County, and incorporated into a written amendment to the contract. Except County has the right to require revisions made in the scope of work necessary to meet new s revised rules, regulations, laws, policies, and standards. County's Contract Administrator shall make such written requests. Any request made by any other person(s) shall not be binding as an amendment to the contract s a change in scope of work. Waiver of any breach of any term a condition of the contract shall not waive any prior or subsequent breach. No term s condition of this contract shall be held to be waived, modified s deleted except by written instrument signed by the parties hereto. 15. PLACE OF CONTRACT: It is agreed between the parries hereto that the place of this contract, its situs and forum, shall be Orange County, North Carolina, and in said County and State shall all matters, wheWer sounding in contract s tort relating to We validity, construction, interpretation, and enforcement of this contract be determined. 16. RECORD RETENTION, INSPECTION, AND AUDITS: The Contractor agrees to maintain fiscal books, records, documents, and other evidence which reflect all duect and indirect costs expended under this contract. The Contractor shall maintain an accounting system in accordance with generally accepted accounting principles. The County, State or the federal government shall have the right to inspect such records at its convenience. It is understood and agreed by the Contractor that the Contractor shall be liable for any State s federal audit exceptions and shall return to County all payments made under the contract to which exception has been taken s which has been disallowed because of such an exception. The Contractor agrees to the conditions of 45 CFR, Part 74.24(a), (b), and (d) regarding retention and access requirements relating to all financial and programmatic records, support documents, statistical records, and other records of this contract. In addition, the Contracts shall agree to the following terms regarding record retention of contract records and access fs government officials. Unless County specified in writing a shster period of tone, the Contracts agrees to preserve and make available all other pertinent books, documents, papers, and recsds of the Contracts involving transactions related to the contract fs a period of five years from the date of expiration s termination of this contract. Records involving matters in litigation shall be kept fs one year following the termination of litigation, including all appeals if the litigation has not terminated within five years. 3 The parties agree that the records subject to audit shall be limited to records related to this project, and specifically excludes records relating to Contractor's general policies and information on Contractor's overhead and profit rates. 17. PRICE PROTECTION: The quoted prices shall not change during the term of this contract except as set forth in this subsection. Any downward price changes during the contract period must be general, either by reason of market change or on the part of the Contractor to other customers. Notification shall be given to the Contract Administrator in writing, concerning any proposed price adjustments. Such notification shall be acxompanied by copy of manufacturers' notice ~ other evidence that the change is general in nattue. County shall receive full proportionate benefit immediately at any time during the contract period. 18. INDEMNI>~TCATION AND RELATIONSHIP OF PARTIES (A) The Contractor is an independent Contractor, licensed and bonded and solely responsible for the employment, acts, omissions, control, and direction of its employees. The Contractor shall save and keep harmless and indemnify County against any and all liability arising out of the operations or performance of the wok by the Contractor or its employees in connection with the contract. The Contractor shall not be deemed an employee of County. (B) In no event shall the Contractor be liable to State or to any third party for consequential, special, indirect or incidental damages arising out of the use or inability to use any software and/or services including, but not limited t0. loss of data or information of any kind which the State may experience, or fines or penalties imposed on State fa failure to meet a governmental law, regulation or requirement for which the software and or services are directly or indirectly used by State. 19. INSURANCE: The Contractor shall maintain general liability insurance coverage in sufficient amount to protect County, its agencies including DSS, its employees, its customers, and the general public against any loss, damage, and/or expense associated with the performance of its duties. The Contractor shall defend at Contractor cost, any and all claims asserted against County, its agents, or employees arising from the performance of this contracK. County will cooperate with the Contractor and may participate in any defense at County's expense, in County's sole discretion. No settlements in any claims against County, its agencies or employees will be entered into by We Contracxor, except upon We prior written consent of County. The insurance coverage shall include general liability, malpractice insurance, and other appropriate professional liability. County shall be named as a co- insured and entitled to all notices issued under the policy, to cover claims that may arise out of or result from the Contractor's services hereunder. Written evidence of insurance shall include, but shall not be limited to effective dates of coverage, limits of liability, insurer's names, policy numbers, and endorsement of representatives of the insurance company. The evidence of insuuance must be submitted upon award of the contract. In the event the insurance coverage is canceled, County must be notified at least thirty (30) days prior to the cancellation of any coverage under the policy. 20. PIItMITS, LICENSE, TAXES, AND STATE REGULATION: The Contractor shall procure all necessary permits and licenses and abide by all applicable laws, regulations and ordinances or all federal, State, and local governments in which work under this contract is performed. 21. STATE AND/OR COUNTY PROPERTY: The Contracts shall be responsible for the proper custody and care of any County a State owned property furnished for the Contractor's use in connection with the performance of this contract and the Contractor shall reimburse County and/or State for its loss or damage, normal wear and tear excepted. 22. SITE RULES AND REGULATIONS: The Contractor shall use its best efforts to ensure that its employees and agents, while on State or County premises, shall canply with site rules and regulations. 4 23. INVOICES, PAYMENTS AND CONTRACT WORK: The Contracts shall be paid in accordance with the following payment schedule. The Contractor shall be paid one half of the contract price when the scheduling and preparation tasks have been completed and the balance of the contract price when the classroom training is completed. County shall make a reasonable effort to achieve the Contractor payment within 30 workdays after receipt and approval of invoice. 24. CLEAN AIR AND WATER ACTS: The Contractor shall comply with all applicable standazds, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Exec:udve Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15), as well as with all applicable requirements of OMB Circulaz A-102. 25. FORCE MAJEURE: The Contractor shall not be liable for any excess cost to County if We failure to perform the coatracx arises out of cause beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God, fires, quarantine restriction and freight embargoes. The Contractor shall take all possible steps to recover from such occurrences. 26. NOTICES: All notices and invoices shall be delivered to Orange County care of the Orange County Department of Social Services, 300 West Tryon Street, Hillsborough, North Cazolina 27278, Attention of Martha Pryor-Cook and to Pam Jones, Director of Purchasing and Central Services, Orange County, P.O. Box 8181 (132 E. King Street), Hillsborough, North Cazolina 27278. Either party may change its address for notification purposes by giving notice of the change and setting forth the new address and an effective date. 27. SEVERABILTTY: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without We invalid term, condition, or application, to this end the terms and conditions of this contract aze declazed severable. 28. CONTRACT ADMINISTRATOR: The Contract Administrator is the Director of Purchasing and Central Services. Such other designation shall be in writing. IN WITNESS HEREOF, the parties have caused this instrument to be executed in duplicate originals in their respective names, and have sealed the same, on that date and year first above written, by person duly a prized. SERVICED ASS S, INC. .~ r' By: Dennis Corriveau, Vice President and Treasurer TTES Clerk ORANG COUNTY By. Cou~y onager Exhibit A COUNTY OF ORANGE DEPARTMENT OF PURCHASING & CENTRAL SERVICES PO BOX 8181 132 EAST KING STREET HILt_sBOROUGH, NORTH CAROLINA 27278 BID FORM ELECTRONIC I3ENEFIS TRANSFER TRAINING 1TEM NUMBER DESCRIPT)ON LUMP SUM COST 1 TOTAL LUMP SUM COST TO PROVIDE EBT TRAINfNG PER THE ATTACHED DETAILED SPECIFICATIONS $ 28.175 By signing below, vendor is certifying that he/she can meet all specifications and dates listed. Company: Service l]esian Associates lnc Address: 225 Hillsborough Street Suite 290 Ralei h North Carolina 27603.. / %! Dennis Corriveau, Vice President and Treasurer Phone: 919-832-9363 Fax: 919-832-9716 BID ENVELOPES TO BE MARKED, "BID NO.1135, DUE 3:00 PM DECEMBER 29,1998" COUNTY OF ORANGE DEPARTMENT OF PURCHASING & CENTRAL SERVICES 132 EAST KING STREET P.O. BOX 8181 HILLSBOROUGH, NC 27278 It is the intention of the Orange County DSS to obtain training services for Electronic Benefits Transfer clients. The specifications listed below are intended to describe Orange County's needs. Please answer "Y" for "yes" and "N" for "no" to the questions listed below as to whether minimum specifications are met. Slight deviations may be accepted. Please use the space provided to the right to list any and/or all variances to the specifications. ITEM DESCRIPTION YES NO VARIANCE ITEMS TO BE DONE BY CONTRACTOR 1 At least two appointment notices will be sent to each Food X Stamp case. The first will be mailed 20 days prior to actual training date. The second notice will be mailed 10 days prior to actual training date (Board will award January 18, 1998) 2 Follow up appointment letter for no shows (2x) X 3 On-site card issuance I Drop Ship Card Issuance X 4 Personal P!N selection training X 5 Hands-on training 8 practice sections X 6 Distribution of bulk training materials X 7 Off site contractor support staff: X One training manager, one assistant manager, three training coordinators, one technical support position 8 On site contractor classroom staff: X one trainer, two card issuers, one recepiionist/appointment scheduler 9 Facilities: )( Technical equipment set-up. 10 Vendor should be knowledgeable in North Carolina Food X Stamp Policy and EBET policy and technology (see attached reference form) 11 Train 100% of all on-going Food Stamp case loads providing X 100% schedules and on-hands training and practice sessions using PIN and POS 100% offered machines. At present there is approximately 1500 cases. training 12 There wilt be training for special populations. X 13 The vendor will provide Orange county with written training X This material material to be distributed to each benefit recipient. All provided to the benefit recipient training materials should be produced at a County by NCDHHS 5'" grade reading level in both English and Spanish versions. 14 Two POS machines per training site, phone for X One POS and two Demonstrating the ARU customer assistance, EBT posters, PIN selection TV, VCR ~ stand, card encryption equipment for PIN devices per training selection. site ITEM DESCRIPTION YES NO VARIANCE ITEMS TO BE DONE BY ORANGE COUNTY 15 Identify E6T coordinator to supervise Contractor's activities X 16 Provide P!N Equipment X PIN and POS equipment 17 Locate available/suitable facilities X Coordinate county approval of facilities, prepare leases, insurance bonds, legal review, order and set up phone lines (incur costs, perform site readiness 18 Provide chairs and tables X REFERENCES FORM Prospective contractors must supply references of government agencies (excluding the County of Orange) and or private firms for whom they have provided Contractual janitorial Services during the last three years. 1. Agency or Firm Name: Davidson County Department of Sociat Services Business Address: P.O. Box 788, Lexington NC 27292 Mailing Address: P.O. Box 788, Lexington NC 27292 , Contact Person: Ms. Catherine Lambeth Director Telephone Number. .1336} 242-2562 # Customers trained/daie:_ 3.300 Customers trained /October 1998 3. Agency or Firm Name: Forsyth County Department of Social Services Business Address: P.O. Box 999. Winston-Salem, NC 27102 Mailing Address:_ P.O. Box 999. Wrnston-Salem. NC 27102 Contact Person: Dr. Ann Hamilton, Director Telephone Number. 1336) 727-2248 # Customers trainedldate: 9.000 Customers trained !October 1998 3. Agency or Firm Name: Franklin County Department of Social Services Business Address: P.O. Box 669, Louisburg. NC 27549 Mailing Address: P.O. Box 669. Louisburg. NC 27549 Contact Person: Ms. Angela Harris, Director Telephone Number. (9191496-5721 # Customers trained/date: 1.300 Customers trained !November 1998