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Home My WebLink AboutMINUTES - 07172001 - C.88 BOARD OF SUPERVISORS T` Contra FROM: John Sweeten, County Administrator Costa By: Gary Brown, Interim Director =' s Ay County DATE: July 10, 2001 SUBJECT: Agreement with Employment Development Department for Wage and Employer Information SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION Authorize the Interim Director, County Office of Revenue Collection (ORC) , to enter into an agreement with the State of California, Employment Development Department, under the terms of which ORC will receive wage, claim and employer information on persons who owe outstanding debts to Contra Costa County during the period July 1, 2001 through June 30, 2004. FINANCIAL IMPACT The estimated annual cost of this agreement will be about $2,500 and is fully offset by collection revenue, resulting in no cost to the County General Fund. BACKGROUND This agreement continues ORC's access to certain EDD information which assists ORC in the collection of debts from persons who are delinquent in their payments for certain County services they have received. Under this agreement, EDD will provide ORC with wage, claim, employer address and Unemployment Insurance and Disability Insurance payment histories to assist in the collection of CALWORKS and Food Stamp overpayments and the costs of medical care. This information facilitates ORC's determination of debtors' ability to pay outstanding County debts. CONTINUED ON ATTACHMENT: YES SIGNATURE: i RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(-): yy ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I '� I HEREBY CERTIFY THAT THIS IS A TRUE .UNANIMOUS(ABSENT 1�\ ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISOR ON THE DATE SHOWN. ATTESTED Contact: JOHN S EET CLERK OF THE BOARD OF CC: Gary Brown, Interim Director, O.R.C. SUPERVISORS AND COUNTY ADMINISTRATOR Sara Hoffman, Asst. County Administrator BY DEPUTY CUSTOMER.CODE: E00025 PROJECTWCTIVITY CODE:215/051 APPROVED BY CONTRACT NUMBER AM.NO. STANDARD AGREEMENT STD.2(REV.9.89) M276013 GENERAL M276013 CONTRACTOR FEDERAL I.D.NUMBER THIS AGREEMENT,made and entered into this 1 St day of July,2001 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 Director ]Employment Development Department ,hereafter called the State,and CONTRACTORS NAME Contra Costa County,Office of Revenue Collections hereafter called the contractor WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter e.Vressed 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 oontractor,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 Contra Costa County,Office of Revenue Collections, hereinafter referred to as Contra Costa. 1. PURPOSE This Agreement is established for the purpose of EDD producing and providing Contra Costa with wage,claim, Unemployment Insurance(UI)/Disability Insurance (DI) payment history information, and employer address.data as specified herein. Contra Costa shall use the specified data for the purpose of: 1) assisting in the.collection of California Work Opportunity and Responsibility to Kids Act (CaIWORKs) and Food Stamp overpayments;2) assisting in the collection for the County's expenditures for medical assistance services rendered. 2. LEGAL AUTHORITY EDD shall make this information available to Contra Costa pursuant to Sections 1095 (f) and(h) of the California Unemployment Insurance Code(CUIC). Contra Costa shall request and use the specified information pursuant to Sections (f) and (h)of the CUIC and the provisions of Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. CONTINUED ON 5 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER The provisions on the reverse side hereof consdUe a part of this agreement IN WITNESS WHEREOF,this agreement has been enejtLby the partles hereto, dw date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(N war ftn an IrmrfdwL wu v*wlhw a cwpa bm pw wwp..te) Employment Development Department Contra Costa County,Office of Revenue Collections BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING CHARLES A.HOREL,Chief :Gary. Brown Director n TITLE Business Operations Planning and.Support ADDREss:2530 Arnold. Dr. , Ste. 350 Division Martinez CA. 94553 AMOUNT ENCUMBERED BY THIS PROGRAM CATEGORY(CODE AND TITL ) FUND TITLE 0 POATMW OF 006ERAL 39AMEN DOCUMENT waaKr $20,000 SFY 01-02 (OPTIONAL USE) $20,000 SFY 02-03 $20,000 SFY 03-04 PRIOR AMOUNT ENCUMBERED ITEM CHAPTER STATUTE FlSCAL YEAR $ TOTAL AMOUNT ENCUMBERED OBJECT OF EXPENDITURE(CODE AND TITLE) $60,000.00 I hereby certify upon my own personal knowledge that budgeted funds are T"10, OA M° available for the period and purpose of the expenditure started above. SIGNATURE OF ACCOUNTING OFFICER °ATI CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER EDD Contract No. M276013 EDD/Contra Costa County, Office of Revenue Collections • July 1, 2001 Page 2 of 5 3. TERM OF AGREEMENT The term of this agreement is July 1, 2001 through June 30, 2004. 4.. FISCAL PROVISIONS a. The maximum amount of this Agreement shall not exceed Sixty Thousand and No/100 Dollars ($60,000.00). 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 Contra Costa shall reimburse EDD the total amount due, based on the following product rate structure plus administrative costs for contracting: Transaction Rate Structure If the cumulative number.,I Then the cost for "Then the cost for , of requested products Current Data per Archive Data per quarter is: I requested products shall (UI/DI/ Wage) per be: € .requested products shall .be:. 100 or less $1.0375 $2.075— _ .._........__._.-...._................ ...................._..------....._._._ ._-------- --.._.....__.........__.._._...—._._._._... . . ; 101 -500 .4375 .875 ' ...................................................................................;........................._...................._......................._._.......;.................._...................................._..._....................s 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 numbers (SSNs) submitted may generate 4 products. Contra Costa 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. The invoice must reference EDD Contract Number M276013 and EDD Customer Code E00025 and shall be submitted to: Peter Hurd, Collection Manager Contra Costa County, Office of Revenue Collections 2530 Arnold Drive, Suite 350 Martinez, CA 94553 Phone: (925) 335-8556 FAX: (925) 335-8580 d. Payment must reference the EDD Contract Number M276013 and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 EDD Contract No. M276013 EDD/Contra Costa County, Office of Revenue Collections July 1, 2001 Page 3 of 5 5. EDD'S RESPONSIBILITY EDD shall prepare and forward to Contra Costa the following EDD abstracts for those individuals whose SSNs have been forwarded to EDD by Contra Costa using the Request for Confidential Information form, DE 8720 and/or DE 8720A, under the previously assigned customer code (E00025): a. Wage and Claim Abstract(DE 507); 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. CONTRA COSTA'S RESPONSIBILITIES a. Contra Costa shall only request the abstract(s) authorized in this Agreement on form DE 8720 or DE 8720A, on an as needed basis, during the period specified herein. b. Contra Costa agrees to submit requests for wage, claim, and employer address data to EDD under this Agreement only for the following purposes: (1) As a representative for the Department of Public Social Services, to enable the collection of CalWORKs and Food Stamp overpayments, as part of the administration of public social services provided pursuant to the Welfare and Institutions Code as authorized by Section 1095 (f) of the CUIC; and/or (2) To enable the collection of the county's expenditures for medical assistance services rendered pursuant to Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code, as authorized by Section 1095 (h) of the CUIC. 7. PROTECTION OF CONFIDENTIALITY It is agreed that Contra Costa shall: a. Keep all information furnished by EDD 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. EDD Contract No. M276013 EDD/Contra Costa County, Office of Revenue Collections July 1, 2001 Page 4 of 5 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 Section 2111, California Civil Code Section 1798.55, and Penal Code Section 502. h. Peter Hurd is responsible for the security and confidentiality of the data and will immediately notify EDD in writing of any designee changes. 8. ACCURACY ASSESSMENT The information in the State's files is reported to the State by individual employers and claimants. Since the State is not the originator of the data disclosed, the State 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. Contra Costa agrees to comply with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101 et. seq.), which prohibits discrimination on the basis of disability, and all applicable Federal and State laws and regulations, guidelines, and interpretations issued thereto. e. The EDD contact person shall be: Lorna Fong or designee Information Security Office, MIC 33 Employment Development Department P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 654-6231 FAX: (916) 654-8272 f. Contra Costa's contact person shall be: Peter Hurd, Collection Manager Contra Costa County, Office of Revenue Collections 2530 Arnold Drive, Suite 350 Martinez, CA 94553 Phone: (925) 335-8556 FAX: (925) 335-8580 g. In the event of a dispute between EDD and Contra Costa over any part of this Agreement, the dispute may be submitted to nonbinding arbitration upon the consent of both EDD and Contra Costa. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. EDD Contract No. M27601.3 EDD/Contra Costa County, Office of Revenue Collections July 1, 2001 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 Bureau of State Audits for a period of three years after final payment. j. This Agreement is not valid until signed by both of the parties hereto, and when applicable, approved by or on behalf of the Director of the Department of General Services. EDD Contract No. M276013 EDD/Contra Costa County, Office of Revenue Collections • July 1, 2001 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.