HomeMy WebLinkAbout1999 S Agreement SS - Contract Award Electronic Benefits Transfer Training for Food Stamp Recipients Mee &AY
State of North Carolina
County of Orange
This Agreement is made and entered into this day of F9bYVJ XT_, 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".
WTTNESSETH:
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 contract,DHR-497-96,reserves unto DHHS the right to allow each County on behalf of its
department of social services to contract 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 parties 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 provide/rent 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 accordance with 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 are over SIX HUNDRED DOLLARS($600.00).The Contractor shall file necessary federal and
state tax forms;
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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 Act 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,or 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 or 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 regard to race,color,religion,sex,
age or national origin and the implementing rules and regulations prescribed by the Secretary of Labor,are
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 the 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 tern 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 the 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 Contractor 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 for default,the Contractor shall be paid for services provided and accepted by
County.
If the contract is terminated for default,the Contractor shall be liable to County for any damages sustained
by County.
County may terminate without cause in whole or 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 for
convenience,the Contractor shall be paid for services as set forth in this contract.
The Contractor may terminate this contract in writing at any time with 30 days notice to County.If the
Contractor as provided herein terminates the contract,the Contractor shall not be liable for any damages that are
attributable in whole or 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,or any right hereunder,shall not be assigned by any party,
nor any duty hereunder delegated by any party without the written consent of the other party,and such assignment
and/or delegation without said consent shall be void;
10. JURISDICTION/CONTROLLING LAW:That this contract shall be governed and construed in
accordance with the laws of the State of North Carolina.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
Carolina;
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II. ENTIRE AGREEMENT:This contract is the entire and only agreement of the parties
concerning the subject matter.It supersedes all prior negotiations,understandings,or agreements whether oral or
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
conflict between a term and condition of this contract and federal and State 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 or change of any provision in this contract shall be made,or 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 or 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 or a change in scope of work.
Waiver of any breach of any term or condition of the contract shall not waive any prior or subsequent
breach.No term or condition of this contract shall be held to be waived,modified or deleted except by written
instrument signed by the parties hereto.
15. PLACE OF CONTRACT:It is agreed between the parties 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,
whether sounding in contract or tort relating to the 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 direct and indirect costs expended under this
contram 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 or federal
audit exceptions and shall return to County all payments made under the contract to which exception has been
taken or 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 Contractor shall agree to the following terms regarding record
retention of contract records and access for government officials.
Unless County specified in writing a shorter period of time,the Contractor agrees to preserve and make
available all other pertinent books,documents,papers,and records of the Contractor involving transactions related
to the contract for a period of five years from the date of expiration or termination of this contract.Records
involving matters in litigation shall be kept for one year following the termination of litigation,including all
appeals if the litigation has not terminated within five years.
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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 accompanied by copy of manufacturers'notice or other evidence that the
change is general in nature.County shall receive full proportionate benefit immediately at any time during the
contract period.
18. INDEMNIFICATION 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 work 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 to,loss of data or information of any kind which the State may experience,or fines or penalties
imposed on State for 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 contract.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 the Contractor,except upon the 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 insurance 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. PERMITS,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 Contractor shall be responsible for the proper
custody and care of any County of 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 comply with site rules and regulations.
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23. INVOICES,PAYMENTS AND CONTRACT WORK:The Contractor 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 standards,
orders,or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1859(h), Section 508 of the
Clean Water Act(33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations(40
CFR Part 15),as well as with all applicable requirements of OMB Circular A-102.
25. FORCE MAJEURE:The Contractor shall not be liable for any excess cost to County if the
failure to perform the contract 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 Carolina 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 Carolina 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. SEVERABILITY: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 the invalid term,condition,or application,to this end the terms and conditions
of this contract are declared 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 authorized.
SERVICE D ASS S,INC.
By:
Dennis Corriveau,Vice President and
Treasurer
ORANG COUNTY
By.
Cou y anager
'ITES
Clerk
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Exhibit A
COUNTY OF ORANGE
DEPARTMENT OF PURCHASING & CENTRAL SERVICES
PO BOX 8181
132 EAST KING STREET
HILLSBOROUGH, NORTH CAROLINA 27278
BID FORM
ELECTRONIC BENEFIS TRANSFER TRAINING
ITEM DESCRIPTION LUMP SUM
NUMBER COST
I TOTAL LUMP SUM COST TO PROVIDE EBT TRAINING
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 Design Associates, Inc.
Address: 225 Hillsborough Street
Suite 290
Ralei-gh, North Carolina 27603.
By:
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 I 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 1 Drop Ship Card Issuance X
4 Personal PIN selection @ training X
5 Hands-on training&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 receptionist/appointment
scheduler
9 Facilities: X
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 will 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 EBT coordinator to supervise Contractor's activities X
16 Provide PIN 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.
t. Agency or Firm Name: Davidson County Deoartment of Social 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._ (336) 242-2562
#Customers trained/date: 3,300 Customers trained/October 1998
2. 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, Winston-Salem, NC 27102
Contact Person: Dr.Ann Hamilton, Director
Telephone Number._ (336) 727-2248
#Customers trained/date: 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_ (919)496-5721
#Customers trained/date:_1,300 Customers trained I November 1998