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HomeMy WebLinkAboutMINUTES - 09161997 - C63 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Richard J. Martinez,Executive Director DATE: September 16, 1997 SUBJECT: APPROVE RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT BETWEEN THE EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA AND THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE Resolution No.4018 authorizing the Executive Director to execute a contract between the Employment Development Department(EDD), State of California and the Housing Authority of the County of Contra Costa as recommended by the Advisory Housing Commission at its regular meeting on September 15, 1997. II. FINANCIAL IMPACT: The Housing Authority will pay the Employment Development Department, State of California a contract amount not to exceed$4,000 for a contract period of one year from October 1, 1997 through September 30, 1998 for services as described in the contract. III. REASONS FOR RECOMMENDATIONBACKGROUND This agreement is designed to assist the Housing Authority verify wages data through the Employment Development Department. The information obtained will be used for determining eligibility of program applicants' and participants in accordance with Title 24,Code of Federal Regulations. EDD will make this information available to the Housing Authority pursuant to Title 42,United States Code, Section 503(I). The Housing Authority shall request and use the specified information in accordance with the provisions of Title 24,Code of Federal Regulations,Part 760,and Sections 813.109 and 913.109. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to adopt Resolution No.4018,the Housing Authority would be unable to screen applicants for housing assistance according State and Federal regulations. CONTINUED ON ATTACHMENT: YES SIGNATURE hi RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ,aa.�., �. �Lo, qT(I_ APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS / I HEREBY CERTIFY THAT THIS IS A J UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED L / 7 P IL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY DEPUTY Bo-edd.board THE BOARD OF COMMISSIONERS HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO.4018 Resolution Authorizing execution of a contract between the Employment Development Department, State of California and The Housing Authority of the County of Contra Costa WHEREAS,it has been presented to the Board of Commissioners of the Housing Authority of the County of Contra Costa County for its consideration and acceptance a contract, whereby the State of California,Employment Development Department has agreed to provide the Housing Authority of the County of Contra Costa such information as set forth in the referenced contract for the purposes as set forth in the referenced contract; and, WHEREAS,the Housing Authority of the County of Contra Costa Board of Commissioners has been presented with a copy of such contract and the Board of Commissioners has examined and approved the contract as to both form and content and desires to enter into same, NOW,THEREFORE,BE IT RESOLVED,by the Board of Commissioners of the Housing Authority of the County of Contra Costa that: 1. The Executive Director of the Housing Authority of the County of Contra Costa is hereby authorized and directed to execute said Agreement for and on behalf of the Housing Authority of the County of Contra Costa. 2. This Resolution shall be effective immediately. PASSED AND ADOPTED ON SPntPmhPr 16, 1997 by the following vote of the Commissioners. AYES: Commissioners Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED September 16, 1997 PHIL BATCHELOR,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR BY CUSTOMER CODE:E00162 PROJECTWCTIVITY CODE:215/051 STANDARD AGREEMENT APPROVED BY THE CONTRACT NUMBER AM.NO. STD.2(REV.9-89) ATTORNEY GENERAL M800458 THIS AGREEMENT,made and entered into this 1st day of October, 1997; CONTRACTORS FEDERAL I.D.NUMBER in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Employment ',hereafter called the State,and Director Development Department CONTRACTORS NAME Housing Authority, County of Contra Costa hereafter called the Contractor WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and,stipulations of the State hereinafter expressed does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid contractor,time for performance or completion,and attach plans and specifications,if any.) This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as EDD, and the Housing Authority, County of Contra Costa, hereinafter referred to as the Housing Authority. 1. PURPOSE This Agreement is established for the purpose of EDD producing and providing the Housing Authority with wage, claim, and employer address data as specified herein. The Housing Authority will use the information for the purpose of verifying applicants' and tenants' eligibility for and continued entitlement to housing assistance in accordance with Title 24, Code of Federal Regulations. 2. LEGAL AUTHORITY EDD shall make this information available to the Housing Authority pursuant to Title 42, United States Code, Section 503(i). The Housing Authority shall request and use the specified information in accordance with the provisions of Title 24, Code of Federal Regulations, Part 760, and Sections 813.109 and 913.109. CONTINUED ON 5 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF.this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(if other than an aMtviduat.state whatnot a corporation,pannershm.etc.) Employment Development Department The Housing Authority of the County of Contra Costa BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING RICHARD LOPEZ Richard J. Martinez Executive Director TITLE Chief, Procurement and Asset Management Section ADDRESS 3133 Estudillo Street Martinez, CA 94553 AMOUNT ENCUMBERED BY THIS PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE DUMTK"T OF GENERAL SERVICES use ONLY DOCUMENT $2,000.00 SFY 97/98 $2,000.00 SFY 98/99 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED ITEM CHAPTER STATUTE FISCAL YEAR S - TOTAL AMOUNT ENCUMBERED OBJECT OF EXPENDITURE(CODE AND TITLE) $4,000.00 I hereby certify upon my own personal knowledge that budgeted funds are available for the T.B.A.NO. B.R.NO. period and purpose of the expenditure started above. SIGNATURE OF ACCOUNTING OFFICER DATE O CONTRACTOR 0 STATE AGENCY 7 DEPT.OF GEN.SER. CONTROLLER 0 �-i HNUARO AGREEMENT STD.2(R6.5-91)(REVERSE) 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the term of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. EDD Contract No. M800458 EDD/ Housing Authority, County of Contra Costa October 1, 1997 Page 2 of 5 3. TERM OF AGREEMENT The term of this Agreement is October 1, 1997 through September 30, 1998. 4. FISCAL PROVISIONS a. The maximum amount of this Agreement shall not exceed Four Thousand and No/100 Dollars ($4,000.00). b. In consideration of the performance and completion of the foregoing in a satisfactory manner, and upon receipt of a detailed invoice, in triplicate, quarterly in arrears, the Housing Authority shall reimburse EDD the total amount due, based on the following product rate structure: Transaction Rate Structure .....f.......th.e.......... ..ul....a.._-tiv--.e......n....--mber..-.. ......._...................... n...t...he..........---.t.....for......----....- ..............e...n.... ..e... .i co....-s--.t or"o—..............Icum.. uThecosThth.... of requested products Current Data per Archive Data per quarter is: requested products shall i (UI/DI/Wage) per be: requested products shall be: :..............................................................:.............................................................. ..............................................................s 100 or less $1.0375 $2.075 :.............................................................. .............................................................................................................................: 101 -500 .4375 .875 :.................................................................................................I...........................; 501 or more 25 .50 .....................................................................................................•----.........---.......................---............................................... When requesting archive wage data, a$5.00 dollar charge per quarter of material searched will be applied. Each social security number (SSN) submitted may generate 4 product. The Housing Authority shall be charged for the total number of products requested. These costs are computed in accordance with Sections 8752 and 8752.1 of the State Administrative Manual. Nothing herein contained shall preclude advance payments, pursuant to Article 1, Chapter 3, Part 1, Division 3, Title 2 of the Government Code of the State of California. c. Invoices must reference the EDD Contract Number and shall be submitted to: Edward Sido Internal Auditor Housing Authority, County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 Phone: (510) 372-7400 Fax: (510)'372-0236 5. EDUS RESPONSIBILITY EDD shall prepare and forward to the Housing Authority the following EDD abstract for those individuals whose SSNs have been forwarded to EDD by the Housing Authority using the Request for Confidential Information form, DE 8720 and DE 8720A, under the assigned customer code (E00162): a. Wage and Claim Abstract (DE 507); EDD Contract No. M800458 EDD/ Housing Authority, County of Contra Costa October 1, 1997 Page 3 of 5 b. Employer Address (DE 4989); c. Unemployment Insurance (UI) Claim History (up to 2 years old); and/or d. Disability Insurance (DI) Claim History (Up to 2 years old). 6. HOUSING AUTHORITY'S RESPONSIBILITIES a. The Housing Authority shall only request the abstract(s) authorized in this Agreement on form DE 8720 and DE 8720A on an as needed basis, during the period specified herein. b. The Housing Authority shall submit only the names and SSNs of individuals who authorized the disclosure of wage data information through valid consent forms. The Housing Authority shall maintain valid consent forms meeting the requirements of Title 24, Code of Federal Regulations, Part 760. c. The Housing Authority shall use the specified data for the purpose of verifying applicants' and tenants' eligibility for and continued entitlement to housing assistance pursuant to Title 24, Code of Federal Regulations. 7. PROTECTION OF CONFIDENTIALITY It is agreed that the Housing Authority shall: a. Keep all EDD information in the strictest confidence, and shall make the information available to its own employees only on a"need to know" basis as provided in the Agreement. b. Use the information only for purposes specifically authorized under this Agreement. c. Not disclose any individually identifiable EDD information to any person outside its own staff. There is no provision in the Agreement for redisclosing information. d. Store EDD information in a place physically secure from access by unauthorized persons. Information in electronic format, such as magnetic tapes or discs, shall be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal or other means. e. Destroy all individually identifiable EDD information when its use ends utilizing an approved method of confidential destruction, which includes: shredding, burning, or certified or witnessed destruction. Magnetic tapes are to be degaussed or returned to EDD. f. Permit EDD to make on-site inspections to ensure that the terms of this Agreement are being met. g. Instruct all employees with access to the information furnished by EDD regarding: (1) the confidential nature of the information, and'(2) the sanctions against unauthorized use or disclosures found in the California Unemployment Insurance Code Sections 2111 and the California Civil Code Section 1798.55. h. Edward Sido will be responsible for the security and confidentiality of the data and immediately notify EDD in writing of any designee changes. EDD Contract No. M800458 EDD/ Housing Authority, County of Contra Costa October 1, 1997 Page 4 of 5 8. ACCURACY ASSESSMENT The information in the EDD's files is reported to the EDD by individual employers and claimants. Since the EDD is not the originator of the data disclosed, the EDD cannot guarantee the accuracy of the data. 9. GENERAL PROVISIONS a. This Agreement may be amended at any time by written mutual consent of both parties. b. Either party may terminate this Agreement upon thirty (30) days written notice to the other party. c. The conduct of the parties to this Agreement shall be in accordance with Title VI of the Civil Rights Act of 1964, and the rules and regulations promulgated thereunder, and in accordance with the Nondiscrimination Clause, Std. 17A, attached hereto as Exhibit A and made a part hereof. d. The Housing Authority agrees to comply with the Americans with Disabilities Act(ADA) of 1990 (42 U.S.C. 12101 et seg.), which prohibits discrimination on the basis of disability, and all applicable Federal and State laws and regulations, guidelines, and interpretations issued thereto. e. EDD's contact person shall be: Lyn Bailey or designee Information Security Analyst Information Security Office Employment Development Department P.O. Box 826880, MIC 33 Sacramento, CA 94280-0001 Phone: (916)654-9381 Fax: (916) 654-8272 f. Housing Authority's contact person shall be: Edward Sido Internal Auditor Housing Authority, County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 Phone: (510) 372-7400 Fax: (510) 372-0236 g. In the event of a dispute between EDD and the Housing Authority over any part of this Agreement, the dispute may be submitted to nonbinding arbitration upon the consent of both EDD and the Housing Authority. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. EDD Contract No. M800458 EDD/Housing Authority, County of Contra Costa October 1, 1997 Page 5 of 5 h. This Agreement and the performance hereunder, shall be construed in accordance with, and the rights of the parties governed by, the laws of the State of California. Any action under this Agreement shall be brought in a court of competent jurisdiction located in the State of California. i. This Agreement shall be subject to the examination and audit of the State Auditor for a period of three years after final payment. j. This Agreement is not valid until signed by both of the parties hereto, and, if applicable, approved by or on behalf of the Director of the Department of General Services. EDD Contract No.M800458 EDD/Housing Authority,County of Contra Costa October 1, 1997 Page 1 of 1 EXHIBIT A STATE OF CALIFORNIA NONDISCRIMINATION CLAUSE (OCP-1) STD. 17A(REV. 3-95) 1. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.