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HomeMy WebLinkAboutMINUTES - 09092003 - C.118 Cod,TO: BOARD OF SUPERVISORS � . ontrr Costaw: FROM: William J. Pollacek 3r„y DATE: Sept. 9, 2(}03 $rte-----1- County SUBJECT: UPDATE DIRECT DEPOSIT PROGRAM AGREEMENT WITH THE CONTRA COSTA FEDERAL CREDIT UNION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVAL of the updated agreement between the County and the Contra Costa County Employees' Federal Credit Union to provide for direct deposit of employee paychecks and retiree benefit checks. BACKGROUND/REASON (S) FOR RECOMMENDATION (S): Pursuant to the Board Order of June 24, 1986, item number 1.82, subject: Direct Deposit of Employee Paychecks, a contractual agreement was signed between the County and the Contra Costa County Employees' Federal Credit Union to provide for direct deposit of employee paychecks. Since 1986 to date, changes have occurred which necessitate an updated contract. The changes are: 1) the inclusion of the monthly checks of the Contra Costa County Retirement System to participating retirees since 1994, 2)the elimination of the one-time set-up fee of$5.00, 3) the organizational name change of Calwestern Automated Clearing House Association (CACHA)to Western Payments Alliance (WesPay), 4) the inclusion of the United States Office of Foreign Assets Control ({ FAC) mandate in compliance with the U.S. Patriot Act of 2001 as number 11 on page 3 of 3, and 5)the inclusion of the upcoming privacy act issues as number 13 on page 3 of 3. Copies of the June 24, 1986 Board order, the draft of the updated agreement with the changes in bold italic letters, and the revised/updated agreement, are submitted to the board for review and approval. CONTINUED ON ATTACHMENT: YES SIGNATURE: l r Z', { RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES �a ACTION OF BOARD ON j,ti fit APPROVED AS RECOMMENDED i OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. UNANIMOUS(ABSENT ) —' -- AYES: NOES: ABSENT: ABSTAIN: Contact: � _ M Cc: Treasurer-Tax Collector's Office ATTESTED JOHN 8WEETEN,CLERK OF THE BQARD OFSUPERVISORS AND COUNTY ADMINISTRATOR DEPUTY BOARD OF SUPER! FRAM: Phil Batchelor, County Administrator Cwtra Costa DATE', June 24 , 1986 ourty SUBJECT: Direct Deposit of Employee Paychecks SPECIFIC REQUEST(S) OR RECOMMEND,AT I ON(S) & BACKGROUND AND JUSTIFICATION RECC3 TMATION Authorize Chair, Board of Supervisors, to sign a contractual agreement between the County and Contra Costa County Employees' Federal Credit Union to provide for direct deposit of employee paychecks. BACKGROUND One of the items negotiated with representatives of employee organizations last summer pertained to development of a plan providing for direct deposit of employee paychecks. This matter has been discussed with representatives of employee organizations and financial institutions, and a plan worked out which makes the direct deposit program possible utilizing the resources of the Contra Costa County Employees'Federal Credit Union. A contract providing for implementation of the program is attached and information about the program will be distributed with the employee paychecks on July 10, 1986. To participate in the program, employees must agree to deposit all net pay from their regular 10th and 25th payroll into a single ,account, pay a one-time set-up fee of $5.00, and provide the Personnel Department with a deposit slip identifying the account to be credited with employee deposits. Instead of a paycheck, participating employees will receive a deposit receipt on payday similar to the current 10th paycheck stub. This deposit receipt will identify all earnings and deductions, and will indicate the amount of net pair forwarded to the employee' s bank or other financial institution. CONT 1 UED,,,ON ATTACHMENT: YES SIGNATURE: C:OMMENDAT I ON OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE _ r OTHER aa(:9 S1GNAT y ACTION OF BOARD ON June 24 , 1�$� APPROVED AS RECOM#IENDEp OTHER 1 VOTE OF SUPERVISORS ' I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ASSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES. AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CC. County Administrator ATTESTED �r Personnel Director _ . ,, .. Auditor-Controller PH1L A`I'CHELOR, CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR BY ollil M382/7--83 DEPUTY AGREEMENT—FOR—DIRECT DEPOSIT PROGRAM r,. Effective on June , 1986 , and continuing until terminated as provided herein , Contra Costa County (hereafter "County" ) and the Centra Crista County Employees ' Federal Credit Union (hereafter "Credit Union" ) agree as follows : 1 . The following definitions shall govern this contract . a . "Direct deposit program" means a program whereby the pay warrants of an employee of a company can be deposited directly in a financial institution of the employee' s choice by means of an electronic data transmission system operated in accord with the NACHA Rules using a PDFI and ODFI . . b. "County direct deposit program" means the direct deposit program for deposit of County employees ' pay warrants , as implemented by this Agreement . c . "NACHA" means the National Automated Clearing house Association . d. "CACHA" means the Calwestern Automated Clearing House Association . e . "NACHA Rules" means the Operating Rules of the National Automated Clearing House Association , including any amendments that may be made thereto. f . "CACHA Rules" means the Rules of the Calwestern Auto- mated Clearing house Association , which incorporate the NACHA Rules , including any amendments that may be made thereto . g. "Rules" means the NACHA .Rules , CACHA Rules , the Federal Electronic Fund Transfer Act (15 USC 551693 et seg. ) , the Federal Credit Union Act (12 USC 551751 et . seq. ) , and any other law, rules and regulations adopted by a governmental or quasi-governmental body, which govern electronic fund transfers occurring under this Direct Deposit Program. r h . "PDFI " means participating depository financial institution as defined in the NACHA Rules . i . "ODFI" means originating depository financial institution as defined in the -NACHA Rules . j . 11RDFI " means receiving depository financial insti - tution as defined in the NACHA Rules . ie . "Company" and "originator" hes the meaning set forth in the NACHA Rules . I . "CACHA-CU contract" means the agreement between Credit Union and CACHA which ( inter alfa ) authorizes Credit Union to act as PDF1 and ODF1 to implement a direct deposit program for its originator customers and which incorporates the CACHA Rules . M. "Transaction" means the transmission of a credit or debit entry in the amount of an employee' s warrant to effect deposit to the employee ' s account in the financial institution designated by the employee , along with all parts of the direct deposit program related to that transmission ( . , running totals for balancing purposes , tracing and correcting errors ) . n . "Effective entry date" has the meaning specified In the Glossary of the NACHA Rules and shall be the twice monthly County payday . o . "ACH" means Automated Clearing House as defined in the NACHA Rules . 2. Credit Union will allow County to use Credit Union' s transit/routing number so that County may implement a direct depo- sit program for employee warrants . 3 . Within 25 days of Credit Union' s billing County for the prior month' s charges , County will pay to Credit Union the total amount determined according to Exhibit A hereto . 4. By each effective entry date (payday) , County agrees to pay to Credit Union in collected funds the total amount of employee deposits. for the subject payroll . 5. Except as otherwise specified herein, County agrees to perform all obligations specified under the Rules for a Company or Originator , and Credit Union agrees to perform all obligations specified under the Rules for an ODFI , PDFl or other financial institution (except for the obligations of another financial institution receiving an employee' s warrant deposit ) . Credit Union agrees that it will promptly notify County of any changes in the Rules . 6. To the extent required by the Rules , the CACHA-CU contrast or applicable law, Credit Union agrees to take all steps necessary to inform CACHA, NACHA, the Federal Reserve or any other entity or person that may need to know that County will be acting as its agent as set forth in Paragraph 7 herein . 7 . For purposes of carrying out the County' s direct deposit program, County is hereby authorized to act and agrees to act as Credit Union ' s agent to transmit entries (credit and debit ) to an ACH, and Credit Union warrants that such transmission by a non- -2- financial institution agent of a PDFl or ODF'I is proper under the Rules and CACHA--CU contract . To the extent allowed by the Rules and the CACHA-CU contract and insofar as required for County to perform such transmission of entries and any related duties as Credit 'Union ' s agent , Credit Union hereby assigns to County all rights that Credi t Union has as a PDFl and ODF'I under the Rules and CACHA-CU contract . 8. By the end of the day fallowing each transmission (file create ) date , County will provide Credit Union with a register/ list of all transaction records sent to an ACH. 9. Credit Union shell promptly pay County the amount of any entry (e .g . , deposit ) returned by a Receiving Depository Financial institution . 10. County and Credit Union hereby each agree to defend, save , indemnify and hold harmless the other from all damages or injury ( including attorneys fees ) �occurring to anyone as a result of any breach of this Agreement by County or Credit Union or as a result of any error or omission of County or Credit Union occurring when performing their obligations under this contract . 11 . County and Credit Union agree that this Agreement may be terminated by either party upon 30 days advance written notice to the other . Contra Costa. County Employees Federal Credit Union County of Contra Costa By Title. r , y Title.- Chair. Board of 9upervTsot;s Approved as to form: ATTEST : Victor J. Wes tman Phil batchelor, Clerk of the oaf ofCount y Counsel Supervisors and CountyAdministratof By jy�:- ennis CGraves , Deputy —3— EXHIBIT A AUTOMATED WARRANT DEPOSIT SCHEDULE OF CHARGES I . MONTHLY MAINTENANCE CHARGE The County agrees to pay to the Credit Union a monthly maintenance charge of $125.00 for participation in the ACH program. II . TRANSACTION PROCESSING CHARGES A. The County agrees to pay to the Credit Union a pro- cessing charge of 60 for each ACH transaction transmitted by the County. B. In the event that County requests transmission of deposits through the Federal Reserve one day pro- cessing window, the County agrees to pay to the Credit Union the Federal Reserve 30 per transaction surcharge for accelerated processing, in addition to the normal transaction processing charge specified above . 111 . ADDITIONAL CHARGES To the extent contemplated by this Agreement or the Rules , County agrees to pay to Credit Union any direct costs (eg. , documented ACEI processor charges or RDFI charges to Credit Union ) in addition to the foregoing that are incurred by Credit Union due to County' s par- ticipation in the ACEI program. July 10, 1986 ANNOUNCEMENT! ! ! "AUTOMATED PAYCHECK DEPOSITING" The County is now in the final stages of testing a new automated check deposit- ing program. The new electronic fund transfer capability will be operational for the August 10, 1986 payroll , and will allow permanent, salaried employees to have net pay normally reflected on their regular paychecks automatically transferred into their account at a participating Bank, Savings and Loan, Credit Union or other financial institution. Instead of a paycheck, participating employees will receive a deposit receipt on payday, similar to the current 10th paycheck stub. This deposit receipt will identify all earnings and deductions and will indicate the amount of net pay forwarded to the employee's bank or other financial institution. Employees are cautioned that due to the number of institutions and variable pro- cessing schedules involved, the County cannot guarantee timely availability of deposits electronically transferred. In order to participate in this program, employees must agree to deposit all net pay from their regular 10th and 25th payrolls into a single account, pay a one time set-up fee of $5.00, and provide the Personnel Department with a deposit slip identifying the account to be credited with employee deposits. To participate in direct depositing call or write the CONTRA COSTA COUNTY PERSONNEL DEPARTMENT, COUNTY ADMINISTRATION BUILDING, THIRD FLOOR, 651 PINE ST. , MARTINEZ, CA 94553, Phone(372-4145) . The Personnel Department has a supply of the new "AUTOMATED CHECK DEPOSIT AUTHORIZATION" forms which must be completed and returned to them with the $5.00 set-up fee. An employee's first automatic payroll deposit must be initiated on a regular 10th of the month payroll , so the following processing schedule must be maintained: READ THIS CAREFULLY. Completed "AUTOMATIC CHECK DEPOSIT AUTHORIZATION" forms received by the Personnel Department prior to the 15th of the month (commencing July 15 of this month) will then be forwarded to the Auditor' s Payroll Section by the 20th of the month. The Payroll Section will send a "dummy" deposit with no money through the system to the employee' s account on the 25th payroll to verify account accessability. (The employee will receive a 25th paycheck on payday as usual . ) If everything is in order, the first actual automatic deposit transfer will be made on the subsequent 10th payroll , and will continue on future 10th and 25th payrolls until cancelled by the employee. Employees wishing to sign up for Automated Check Depositing, or desiring further information, are encouraged to contact the PERSONNEL DEPARTMENT by calling 372-4145. cc: County Auditor-Controller Department Heads Recognized Employee Organizations AGREEMENT FOR DIRECT DEPOSIT PROGRAM (DRAFT) This agreement supercedes the agreement dated June 24, 1986, and continuing until terminated and provided herein, Contra Costa County(hereafter"County') and Contra Costa Federal Credit Union(hereafter"Credit Union") agree as follows: 1. The following definitions shall govern this contract: a. Direct D�osit Program means a program whereby the pay warrants of an employee of a company can be deposited directly in a financial institution of the employee's choice by means of an electronic data transmission system operated in accord with the NACHA Rules using a PDFI and ODFI. b. County Direct Deposit Program means the direct deposit program for deposit of County employees' pay warrants, as implemented by this agreement. c. NACHA means the National Automated ClearingHouse Association. d. WesPaE means the Western Payments Alliance. e. Federal.Reserve means the Federal.Reserve .Dank of,fan Francisco. f. NACHA Rules means the Operating Rules of the National Automated ClearingHouse Association, including any amendments that may be made thereto. WesPay.Rules means the Mules of the Western Payments Alliance, which incorporate the NACHA rules, including any amendments that may be made thereto. h. Rules means the NACHA Rules, WesPay Rules, the Federal Electronic Fund Transfer Act (15 USC §§1693 et seq.),the Federal Credit Union Act(12 USC §§1751 et. seq.), and any other law,rules, and regulations adopted by a governmental or quasi- governmental body,which govern electronic fund transfers occurring under this Direct Deposit Program. i. PDFI means participating depository financial institution as defined in the NACHA Rules. j. ODFI means originating depository financial institution as defined in the NACHA Rules. k. RDFT means receiving depository financial institution as defined in the NACHA Rules. 1. Company and Orieinator have the meaning set forth in the NACHA Rules. m. WesPay-CU contract means the agreement between Credit Union and WesPay, which (inter alfa) authorizes Credit Union to act as PDFI and O DFX to implement a direct deposit program for its originator customers, and which incorporates the WesPay Rules. Page 1 of 4 n. Transaction means the transmission of a credit or debit entry in the amount of an employee's warrant to affect deposit to the employee's account in the financial institution designated by the employee, along with all parts of the direct deposit program related to that transmission(e.g., running totals for balancing purposes,tracing and correcting errors). o. Effective entry date has the meaning specified in the Glossary of the NACHA Rules and shall be the twice-monthly County payday and the monthly Contra Costa Retirement Association payday. p. ACH means Automated ClearingHouse as defined in the NACHA Rules. q. OFAC"is the United,States Office of Foreign Assets Control. 2. Credit Union will allow County to use Credit Union's routing and transit number so that County may implement a direct deposit program for employee warrants and other processing on behalf of County agencies and departments. 3. Within 15 days of Credit Union's billing County for the prior month's charges, County will pay Credit Union the total amount determined according to Exhibit A hereto. 4. By each effective entry date(payday), County agrees to pay to Credit Union in collected funds the total amount of employee deposits for the subject payroll. 5. Except as otherwise specified herein, County agrees to perform all obligations specified under the Rules for a Company or Originator, and Credit Union agrees to perform all obligations specified under the Rules for an ODFI,PDFI, or other financial institution(except for the obligations of another financial institution receiving an employee's warrant deposit). Credit Union agrees that it will promptly notify County of any changes in the Rules. 6. To the extent required by the Rules,the WesPay-CU contract, or applicable law, Credit Union agrees to take all steps necessary to inform NACHA, WesPay,Federal Reserve, or any other entity or person that may need to know that County will be acting as its agent as set forth in Paragraph 7 herein. 7. For purposes of carrying out the County's direct deposit program, County is hereby authorized to act and agrees to act as Credit Union's agent to transmit credit and debit entries to an ACH, and Credit Union warrants that such transmission by a non-financial institution agent of a PDFI or ODFI is proper under the Rules and WesPay-CU contract. To the extent allowed by the Rules and the WesPay-CU contract and insofar as required for County to perform such transmission of entries and any related duties as Credit Union's agent, Credit Union hereby assigns to County all rights that Credit Union has as a PDFI and ODFI under the Rules and WesPay-CU contract. 8. By the end of the day following each transmission(file create)date, County will provide Credit Union with a register/list of all transaction records sent to an ACH. 9. Credit Union shall promptly pay County the amount of any entry(e.g., deposit)returned by a RDFT. Page 2 of 10. County and Credit Union hereby each agree to defend, save, indemnify, and hold harmless the other from all damages or injury(including attorney fees)occurring to anyone as a result of any breach of this Agreement by County or Credit Union or as a result of any error or omission of County or Credit Union occurring when performing their obligations under this contract. 11. In accordance with OF'AC, County acknowledges that it may not initiate entries that violate the laws of the United States. 12. County and Credit Union agree that either party upon 30 days advance written notice to the other may terminate this Agreement. 13. Each party acknowledges that the confidential information of the other shall remain the property of the other, and agree that such confidential information is made available on a limited use basis solely in connection with this agreement. Each party further agrees it will not sell, disclose, or otherwise make available any such information, in whole, or in part, to any third party, except in the performance of the agreed--upon services detailed in this agreement. .This confidentiality agreement shall survive termination of this agreement. Contra Costa Federal Credit Union County of Contra Costa By: By: Title: President/Chief Executive Officer Title: Approved as to form: By: By: Title: Title: Page 3 of 4 EXIHIBIT A AUTOMATED WARRANT DEPOSIT SCHEDULE OF CHARGES I. MONTHLY MAINTENANCE CHARGE The County agrees to pay to the Credit Union a monthly Maintenance charge of$125.00 for participation in the ACH program. II. TRANSACTION PROCESSING CHARGES The County agrees to pay to the Credit Union a processing charge of 6 cents for each ACH transaction transmitted by the County. In the event that County requests transmission of deposits through the Federal Reserve one day processing window, the County agrees to pay to the Credit Union the Federal Reserve 3 cents per transaction surcharge for accelerated processing, in addition to the normal transaction processing charge specified above. III. ADDITIONAL CHARGES To the extent contemplated by this Agreement or the Rules, County agrees to pay to Credit Union any direct costs (e.g. Documented ACH processor charges or RDFI charges to Credit Union) in addition to the foregoing that are incurred by Credit Union due to Count's participant in the ACH program. Page 4 of 4 AGREEMENT FOR DIRECT DEPOSIT PROGRAM This agreement supersedes the agreement dated June 24, 1986, and continuing until terminated and provided herein, Contra Costa County(hereafter"County") and Contra Costa Federal Credit Union(hereafter"Credit Union') agree as follows: 1. The following definitions shall govern this contract: Direct Deposit Proararn means a program whereby the pay warrants of an employee of a company can be deposited directly in a financial institution of the employee's choice by means of an electronic data transmission system operated in accord with the NACHA Rules using a PDFI and ODFI. County Direct Deposit Program means the direct deposit program for deposit of County employees' pay warrants, as implemented by this agreement. NACHA means the National Automated ClearingHouse Association. WesPay means the Western Payments Alliance. Federal Reserve means the Federal Reserve Bank of San Francisco. NACHA Rules means the Operating Rules of the National Automated ClearingHouse Association, including any amendments that may be made thereto. WesPay Rules means the Rules of the Western Payments Alliance, which incorporate the NACHA rules, including any amendments that may be made thereto. Rules means the NACHA Rules, WesPay Rules,the Federal Electronic Fund Transfer Act (15 USC $$1693 et seq.),the Federal Credit Union Act(12 USC $$1751 et. seq.), and any other law,rules, and regulations adopted by a governmental or quasi- governmental body, which govern electronic fund transfers occurring under this Direct Deposit Program. PDFI means participating depository financial institution as defined in the NACHA Rules. ODFI means originating depository financial institution as defined in the NACHA Rules. RDFT means receiving depository financial institution as defined in the NACHA Rules. Company and Ori inator have the meaning set forth in the NACHA Rules. WesPay-CLT contract means the agreement between Credit Union and WesPay, which (inter glia) authorizes Credit Union to act as PDFI and ODFI to implement a direct deposit program for its originator customers, and which incorporates the WesPay Rules. Pagel of 3 Transaction means the transmission of a credit or debit entry in the amount of an employee's warrant to effect deposit to the employee's account in the financial institution designated by the employee, along with all parts of the direct deposit program related to that transmission(e.g.,running totals for balancing purposes, tracing and correcting errors). Effective entre has the meaning specified in the Glossary of the NACHA Rules and shall be the twice-monthly County payday and the monthly Contra Costa Retirement Association payday. ACH means Automated ClearingHouse as defined in the NACHA Rules. OFAC is the United States Office of Foreign Assets Control. 2. Credit Union will allow County to use Credit Union's routing and transit number so that County may implement a direct deposit program for employee warrants. 3. Credit Union will not charge County a fee for the Direct Deposit Program. Credit Union may impose fees at a later date,not less than ninety(90) days written notice to County. 4. By each effective entry date, County agrees to pay to Credit Union in collected funds the total amount of employee deposits for the subject payroll. 5. Except as otherwise specified herein, County agrees to perform all obligations specified under the Rules for a Company or Originator,and Credit Union agrees to perform all obligations specified under the Rules for an ODFI, PDFI, or other financial institution (except for the obligations of another financial institution receiving an employee's warrant deposit). Credit Union agrees that it will promptly notify County of any changes in the Rules. 6. To the extent required by the Rules,the WesPay-CU contract,or applicable law, Credit Union agrees to take all steps necessary to inform NACHA, WesPay, Federal Reserve, or any other entity or person that may need to know that County will be acting as its agent as set forth in Paragraph 7 herein. 7. For purposes of carrying out the County's direct deposit program, County is hereby authorized to act and agrees to act as Credit Union's agent to transmit credit and debit entries to an ACH, and Credit Union warrants that such transmission by a non-financial institution agent of a PDFI or ODFI is proper under the Rules and WesPay-CU contract. To the extent allowed by the Rules and the WesPay-CU contract and insofar as required for County to perform such transmission of entries and any related duties as Credit Union's agent, Credit Union hereby assigns to County all rights that Credit Union has as a PDFI and ODFI under the Rules and WesPay-CU contract. 8. By the end of the day following each transmission (file create) date,County will provide Credit Union with a register/list of all transaction records sent to an ACH. 9. Credit Union shall promptly pay County the amount of any entry(e.g., deposit) returned by a RDFI. Page 2 of 3 lo, County and Credit Union hereby each agree to defend, save, indemnify, and hold harmless the other from all damages or injury(including attorney fees) occurring to anyone as a result of any breach of this Agreement by County or Credit Union or as a result of any error or omission of County or Credit Union occurring when performing their obligations under this contract. 11. In accordance with OFAC, County acknowledges that it may not initiate entries that violate the laws of the United States. 12. County and Credit Union agree that either party upon 30 days advance written notice to the other may terminate this Agreement. 13. Each party acknowledges that the confidential information of the other shall remain the property of the other, and agree that such confidential information is made available on a limited use basis solely in connection with this agreement. Each party fin Cher agrees it will not sell, disclose, or otherwise make available any such information, in whole, or in part,to any third party, except in the performance of the agreed-upon services detailed in this agreement. This confidentiality agreement shall survive termination of this agreement. Contra Costa.Federal Credit Union County of Contra Costa By: By: Title: President/Chief Executive Officer Title: Approved as to form: By: Title: Page 3 of 3