Bill Summary – FastDemocracy

GOVERNMENT OF THE DISTRICT OF COLUMBIA.

                    Office

                       ofthe Chief Financial Officer

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 Fitzroy Lee

 Acting Chief Financial Officer

 October 27, 2021

 The Honorable Phil Mendelson

 Chairperson

 Councilofthe District of Columbia

 1350 Pennsylvania Avenue, NW, Suite 504

 Washington, DC 20004

 Dear Chairman Mendelson:

 Pursuant to D.C. Official Code 2-352.02a, enclosed for consideration and approval by the

 Council of the District of Columbia are the proposed Harris & Harris Settlement Agreement

 Approval and Payment Authorization Emergency Declaration Resolution of 2021 and Harris &

 Harris Settlement Agreement Approval and Payment Authorization Emergency Act of 2021 for

 the proposed settlement agreement with Harris & Harris, Ltd. The proposed settlement agreement

 is in the amountof $1,658,422.54 for the period ofperformance from June 1, 2021 through July

 31, 2021.

 The Office of the Chief Financial Officer, Office of Finance and Treasury has a contract with

 Harris & Harris, Ltd., Contract CEOPD-19-C-003, to provide secondarydelinquent debt collection

 services. In connection with the Districts Fiscal Year 2021 DMV Ticket Amnesty Program, Harris

 & Hants, Ltd. provid  edsimilar services for the collectionof non-delinquent debt to the Office of

 Finance and Treasury from June 1, 2021 through July 31, 2021. The Office of Finance and

 Treasury accepted those services. During this period, $20.5Mof non-delinquent debt was collected

 in connection with the Ticket Amnesty Program. Harris & Harris, Ltd. submitted a claim for

 payment against Contract CFOPD-19-C-003, however the Contracting Officer determined that the

 collection of non-delinquent debt was outside of the scope of the contract and that the services

 provided were an unauthorized commitment. The Parties have determined that settlement of the

 claim is in their mutual best interests.

 As always, I am available to discuss any questions you may have regarding the proposed

 action. In order to facilitate a response to any questions concerning the proposed action, please

 have your staff contact Dorothy Whisler Fortune, Director of the Office of Contracts for the

 Office of the Chief FinancialOfficer at (202) 442-8078.

    perely,

deg Lee

 Fitzroy Lee

 ce: Nyasha Smith, Secretary, Council of the District of Columbia

                John A. Wilson Building* 1350 PennsylvaniaAvenue, NW Suite 203 * Washingion, DC20004,

                              Phone: (202)727-2476*  Fax: (202)727-1643

                                                                     *www.fa de.

                                                             LE Leow

SocwidsHaone

                                                                  Chairman Phil Mendelson

                                                                  at the requestofthe Chief Financial Officer

                                                           ABILL

                                 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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    12

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    15         To approve, on an emergency basis, the proposed Settlement Agreement with Harris & Harris,

    16         Ltd. for non-delinquent debt collection services provided to the Office of Finance and Treasury

    17         in connection with the District's Fiscal Year 2021 DMV Ticket Amnesty Program and to

    18         authorize payment for the services received.

    19

    20                BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,

    21         That this act may be cited as the Harris & Harris Settlement Agreement Approval and

    2          Payment Authorization Emergency Act of 2021.

    23                Sec. 2. Pursuant to Section 451 of the District of Columbia Home Rule Act, approved

    24         December 24, 1973 (87 Stat. 803; D.C. Official Code  1-204.51), and notwithstanding the

    25         requirements of the District of Columbia Procurement Practices Reform Act of 2010, effective

    26         April 8, 2011 (D.C. Law 18-0371; D.C. Official Code 2-352.02), the Council approves the

    27         proposed Settlement Agreement with Harris & Harris, Ltd. for non-delinquent debt collection

    28         services provided to the Office of Finance and Treasury in connection with the District's Fiscal

    29         Year 2021 DMV Ticket Amnesty Program and authorizes payment in the amount of

    30         $1,658,422.54 for the services received.

    31                Sec. 3. The Council adopts the fiscal impact statement provided by theChiefFinancial

    32         Officer as the fiscal impact statement required by section 602(c)(3)ofthe District of Columbia

   33          Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code  1-

206.02(c)(3)).

       Sec. 4. This act shall take effect following approval by the Mayor (or in the event of veto

by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer

than 90 days, as provided for emergency actsofthe Council of the District of Columbia in

section 412(a)of the District of Columbia Home Rule Act, approved December 24, 1973 (87

Stat. 788; D.C. Official Code

                             1-204.12(a)).

                              COUNCIL CONTRACT SUMMARY

                                                    act

Pursuant to Section 202(c) of the Procurement Practices Reform Act of 2010, as amended; D.C.

Official Code 2-352.02(c), the following contract summaryis provided.

(1) The proposed contractor, contract amount, unit and methodof compensation, contract term,

    type of contract and source selection method:

          Prime Contract       Harris & Harris, Ltd

        Contract Amount: The settlement agreement amount is $1,658,422.54. The period of

         performance is June 1, 2021 through July 31, 2021.

       * Unit and methodofcompensation: United States Dollars (USD)in accordance with

         Paragraph 1,ofthe settlement agreement.

           Contract Term: The settlement agreement is a one-time agreement to pay.

           Contract Type: N/A

           Source Selection Method: N/A

(2) The goods or services to be provided, the methods of delivering goods or services, and any

   significant program changes reflected in the proposed contract:

   The Office of the Chief Financial Officer, Office of Finance and Treasury has a contract with Harris

   & Harris, Ltd., Contract CROPD-19-C-003, to provide secondary delinquent debt collection services.

   Inconnection with the Districts Fiscal Year 2021 DMV Ticket Amnesty Program, Harris & Harris,

   Ltd. provided similar services for the collection of non-delinquent debt to the Office of Finance and

   Treasury from June 1, 2021 through July 31, 2021. The Office of Finance and Treasury accepted

   those services. During this period, $20.5Mofnon-delinquent debt was collected in connection with

   the Ticket Amnesty Program. Harris & Harris, Ltd. submitted aclaim for payment against Contract

   CFOPD-19-C-003, however the Contracting Officer determined that the collection of non-delinquent

   debt was outside of the scope of the contract and that the services provided were an unauthorized

   commitment. The Parties have determined that settlement of the claim is in their mutual best

   interests.

(3) The selection process, including the number of offerors, the evaluation criteria, and the

    evaluation results, including price, technical or quality, and past-performance components:

   Not applicable.

GA) A description of any bid protest related to the award of the contract, including whether the

  protest was resolved through litigation, withdrawal of the protest by the protestor, or

  voluntary corrective action by the District, and the identity of the protestor, grounds alleged

  in the protest and any deficiencies identified by the District as a result of the protest:

   There was no protest filed related to this settlement agreement.

(4) The background and qualifications of the proposed contractor, including its organization,

    financial stability, personnel, and performance on past or current government or private-

    sector contracts with requirements similar to thoseof the proposed contract:

   Since 1968, Harris & Harris, Ltd. has been collecting debt for government agencies, utility services

   and healthcare facilities. Harris & Harris, Ltd. maintains the requisiteofstate and local licenses

   nationwide. Harris & Harris, Ltd. has personnel with extensive knowledge and expertise in

   providing debt collection services. The level of expertiseofthe personnel is demonstrated in the

   current performance with the District. Harris & Harris, Ltd. has demonstrated financial stability

   and satisfactory ratings on its recent Dun & Bradstreet (D&B) Report. Harris & Harris, Ltd. has a

   record of satisfactory performance with the District.

(4A) A summary of the subcontracting plan required under D.C. Code 2-218.01 et seq.,

   includinga certification by the District that the subcontracting plan meets the minimum

   requirements and the dollar volume of the portion of the contract to be subcontracted, in

   both total dollars and as a percentage of the total contract amount:

   Since the proposed settlement agreement is the result of a claim, the subcontracting requirements

   pursuant to D.C. Code  2-218.01 et. seq., are not applicable.

( Performance standards and expected outcomes of the proposed contract:

   The proposed settlement agreement authorizes payment to Harris & Harris, Ltd. for its claim in

   accordance with D.C. Official Code 2-359.01(4).

(SA) The amount and date of any expenditure of funds by the District pursuant to the contract

   before its submission to the Council for approval:

   There has been no expenditureoffundsby the District pursuant to the proposed settlement agreement

   before its submission to the Council for approval. The proposed settlement agreement has not been

   executed.

( A certification that the proposed contract is within the appropriated budget authority for the

   agency for the fiscal year and is consistent with the financial plan and budget adopted in

   accordance with D.C. Official Code  47-392.01 and 47-392.02:

   The funding certification is included in this Council package.

(7) A certification that the proposed contract is legally sufficient, including whether the proposed

    contractor has any currently pending legal claims against the District:

   Legal Sufficiency is provided in this Council package.

(8) A certification that the Citywide Clean Hands Database indicates that the proposed

    contractor is current with its District taxes. If the Citywide Clean Hands Database indicates

    that the proposed contractor is not current with its District taxes, (1) a certification that the

    contractor has worked out and is current with a payment schedule approved by the District

    or (2) a certification that the contractor will be current with its District taxes after the

    District recovers any outstanding amount pursuant to D.C. Official Code 2-353.01(9).

   The Clean Hands compliance document is included in this Council package.

(8A)A certification that the proposed contract that it is current with its federal taxes, or has

    worked out and is current with a payment schedule approved by the federal government:

   TheContractor has certified that it is current with its federal taxes.

(9) The status of the proposed contractor as a certified local, small, or disadvantaged business

    enterprise, as defined in the Small, Local, and Disadvantaged Business Enterprise

    Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C.

    Official Code 2-218.01et seq.):

    Harris & Harris, Ltd. is not a Certified Business Enterprise (CBE).

(10) Other aspects of the proposed contract that the CPO considers significant:

   None.

(11) A statement indicating whether the proposed contractor is currently debarred from

    providing services or goods to the District or federal government, the dates of the

    debarment, and the reasons for debarment:

   Harris & Harris, Ltd. does not appear on the Federal Excluded Parties List System (EPLS) or the

   District Excluded Parties List.

(11A) Any determination and findings issued in relation to the contracts formation, including

     any made using the privatization procedures under D.C. Code 2-352.05:

     A determination and findings for price reasonableness is included in this package.

(12) Where the contract, and any amendments or modifications,if executed, will be made

     available online:

     Not applicable.

(13) Where the original solicitation, and any amendments and modifications will be made

     available online:

     Not applicable.

                                       boLh

                                         c. Fect

                                     Dorothy Whisler Fortune, Esq. CPPO

                                     Director

                                     Office of Contracts

*             Government ofthe District of Columbia

*

*

  HEME        fice ofthe Chief Financial Officer                                                    L101 4 Street, SW

  EEE         (Officeof Tax and Revenue                                                             Washington, DC 20024

Date

 ofNotice:    October

                   4,2021                                                   Notice Number: 10006341738                 =

HARRIS

   &HARRIS LTD                                                              EIN: #4440193                              =

111 W JACKSON BLVD STE 400                                                  Case ID: 955492

CHICAGO IL. 60604-4135

                                      CERTIFICATE OF CLEAN HANDS

   As reported in the Clean Hands system, the above referenced individual/entity has no outstanding

   liability with the District of Columbia Office of Tax and Revenue or the Department of Employment

   Services. Asofthe date above, the individual/entity has complied with DC Code  47-2862, therefore

   this Certificate ofClean Hands is issued.

             TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES

                               CHAPTER 28 GENERAL LICENSE,

          SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT

                                  D.C. CODE  47-2862 (2006)

               47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT

    RuthorizedBy MareAronin

    Chief, Collection Division

   To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the

   Validate a Certificate of Clean Hands hyperlink under the Clean Hands section.

                     1101 Ath Street SW, Suite W270, Washington, DC. 20024/Phone: (202) 724-5045/MyTax.DC-gov

                      GOVERNMENT OF THE DISTRICT OF COLUMBIA

                            OFFICE OF THE CHIEF FINANCIAL OFFICER,

                                                     ak *

Office ofManagement

                 & Administration                    

MEMORANDUM

TO:             Dorothy Fortune, Director

                Office of Contracts

FROM: _ Nicole Dean Brown

                Budget Director YokDewBrow

DATE            October 6, 2021

SUBJECT:        Funding Certification: Harris and Harris, Ltd.- Settlement Agreement

This memorandum is to certify that funding is available within the Office of the Chief Financial

Officer (OCFO) FY 2021 annual operating budget, in the amountof$1,658,422.54. The funding

is for the settlement agreement for the collection of the non-delinquent debt from June 1, 2021

through July 31, 2021.

The proposed contract is within the appropriated budget authority for the agency. The proposed.

contract is consistent with the financial plan and budget adopted in accordance with D.C. Code

47-392.01 and 47-392.02

Please contact meif you have any questions or would like additional information.

                      Southwest Waterfont* 1100 4 Street, S.W.* Suite 770E * Washington,DC20024

                               Phone: (202) 442-6523 * Fax: (202) 442-6327 * wor fo. de.gov

                  GOVERNMENT OF THE DISTRICT OF COLUMBIA

                     OFFICE OF THE CHIEF FINANCIAL OFFICER

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                                        Ea

Office of the General Counsel

MEMORANDUM

TO:            Dr. Fitzroy Lee

               ActingChiefFinancial Officer

THRU:          David Tseng

               General Counsel

FROM:          Treva Saunders

               Associate General Counsel,

               Personnel and Procurement

DATE:          October 7, 2021

SUBJECT: Certification of Legal Sufficiency

         Action: Settlement Agreement

         Vendor: Harris & Harris, Ltd.

         Amount: $1,658,422.54

         Purpose: Settlement agreement to pay for non-delinquent debt collection

         services provided to the Office of Finance and Treasury in connection with the

         District's Fiscal Year 2021 DMV Ticket Amnesty Program.

This is to Certify that this Office has reviewed the above-referenced contract and that we

have found it to be legally sufficient. If you have any questions in this regard, please do not

hesitate to contact me at 442-7127.

Treva Saunders

                      SETTLEMENT AGREEMENT AND RELEASE

        THIS SETTLEMENT AGREEMENT AND RELEASE (Agreement) is entered by

and between Harris & Harris, LTD. (Harris & Harris) and the Office of the Chief Financial

Officer (OCFO), Government of the District of Columbia (District), by and through its

authorized representatives (collectively the Parties). This Agreement shall be effective on the

date of its execution by the District of Columbia (Effective Date).

                                        WITNESSETH:

       WHEREAS, Harris & Harris is an Illinois corporation with aplaceofbusiness at 111 West

Jackson Boulevard, Suite 400, Chicago, Illinois, 60604; and

       WHEREAS, the OCFO is a part of the District, which is a municipal corporation; and

        WHEREAS, Harris & Harris has provided services for the collection of non-delinquent

debt in connection with the Districts Fiscal Year 2021 Ticket Amnesty Program to the OCFO,

Office of Finance and Treasury without a valid written contract; and

        WHEREAS, the OCFO, Office of Finance and Treasury has accepted those collection

services; and

       WHEREAS, the services were provided to the OCFO, Office of Finance and Treasury

from June 1, 2021 through July 31, 2021; and

      WHEREAS, the total value of the collection services is $1,658,422.54 (June 2021 in the

amount of $901,837.19 and July 2021 in the amount of $756,585.35); and

       WHEREAS, Harris & Harris submitted a claim on August 16, 2021 against the OCFO,

Office of Finance and Treasury seeking amounts due pursuant to this unauthorized commitment

(Claim); and

       WHEREAS, the Parties hereto have determined that settlement of the Claim is in their

mutual best interests, and

       WHEREAS, the OCFO, Office of Finance and Treasury's Revised Contracting Officer's

Final Decision dated September 22, 2021 approved Harris & Harris Claim and the OCFOs

Director of Contracts authorized payment to Harris & Harris for the Claim in accordance with

D.C. Official Code 2-359.01(d).

         NOW, THEREFORE, in consideration of the mutual promises and covenants contained

herein, and for other good and valuable consideration as hereinafter recited, the receipt and

adequacy of which is hereby acknowledged, it is hereby agreed between the Parties fully and

finally, with the intent to be legally bound, to settle the Claim and to completely dispose