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HomeMy WebLinkAboutMINUTES - 06222004 - C.56-C.60 TO: BOARD OF SUPERVISORS FROM: John Sweeten, County Administrator Contra DATE: ,tune 22, 2004Costa SUBJECT: APPROVE Contract with EORM, Inc. j 5County SPECIFIC REQUEST(S)Ott RECOMMENDATION(S)1 BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Frisk Manager to execute a Contract with EORM, Inc. to provide professional on-site environmental health and safety consulting support effective July 1, 2004 through June 30, 2005 in the amount not to exceed $130,000. The breakdown of costs shall be shared among the following departments: Risk Management DOIT Animal Services $140,000 $20,000 $20,000 FINANCIAL IMPACT: Costs for consulting services are funded through the Workers' Compensation Self-Insurance Trust Fund. BACKC NDIREASONS FOR RECOMMENDATION: EORM, Inc. is a consulting firm consisting of staff possessing specialized technical skills in such areas as indoor air quality, infectious disease control, industrial hygiene, as well as general and environmental compliance. It is requested that technical consulting in the form of two part-time EH&S specialists a total of 3 days a week, continue for the fallowing reasons: Consulting services have assisted in dealing with OSHA compliance inspections and responses on behalf of our departments. CONTINUED ON ATTACHMENT: x YES SIGNATURE: ,,,,RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA D COMMITTEE ,--APPROVE �.- OTHER SIGNATURE(S): Yrr. ACTION OF BOAIKD�IN APPROVED AS RCOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTESS OF THE BOARD UNANIMOUS (ABSENT 1 ) OF SUPERVISORS ON THE DATE SHOWN, AYES: NOES: ABSENT: _ - ABSTAIN: ATTESTED L:arttt. +�-i D:Wy Documents\Board Docs\BO-EORM contract.doc JOHN SWEETEN,CLERK OF THE BOARD OF Contact: Ron Harvey(335-1443) SUPERVISORS AND COUNTY ADMINISTRATOR Cc: Risk Management Auditor-Controller BY 0 DEPUTY Q, t*C,, EORM,Inc. SUBJECT: APPROVE Contract with EORM, Inc. PAGE: 2 GATE: June 22, 2004 BACKGROUND/REASONS FOR RECOMMENDATION (Continued) ■ Facility and program assessments are being requested by specific departments, as well as ergonomic and air quality investigations. ■ Development and distribution of federal and state required safety and training tools, continued training of loss control coordinators, and assisting in the implementation of safety/loss control programs for our departments. • Department requests regarding research and interpretation of federal, state and local health and safety regulations. TO: BOARD OF SUPERVISORS FROM: John Sweeten, County AdministratorContra DATE: June 22, 2004Costa Y SUBJECT: Contract with Essential Staffing, Inc. for j on and Staffing ! i r"' Consultation g Services ty Spec-77 RIEQt11E'ST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RLC OMMENPATION: APPROVE and AUTHORIZE the Risk Manager to execute a contract with Essential Staffing, Inc. for consulting services and workers' compensation staffing services for the period July 1, 2004 through June 30, 2005 in an amount not to exceed $100,0000. FINANCIAL IMP CT. Costs for workers' compensation claims administration services are funded through the Workers' Compensation Self-Insurance Trust Fund. BACKGROUNt71RENS FOR RECO. MMENClATIO Essential Staffing, Inc. is a firm that specializes in providing highly experienced claims adjusters. Their services are necessary to deal with the high volume of claims, provide temporary services for adjusters on vacation and Substitute for one adjuster who is out for medical reasons. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD•GbMMITTEE tom- APPROVE OTHER SIGNATURE S: r, rye 1 ACTION OF BO/ N APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS i HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD UNANIMOUS (ABSENT i } OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ,r}-� ry / ATTESTED �}(�y L.�•I LLO C:1Documents and Settings\Jgric\My Documents\Board JOHN SWEETEN,CLERK OF THE BOARD OF Orders1BO20041BO-ESsStatf1705.doc SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Ron Harvey(335-1443) Cc: CAO—Risk Management Auditor-Controller Essential Staffing,Inc. BY i���+s.� DEPUTY TO: BOARD OF SUPERVISORS Contra sta FROM: Silvano B. Marchesi �r .. `` Co �. County Counsel County DATE: June 22, 2004 rsl SUBJECT: Approval of Legal Service Contract with Pamela J. Zaid SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION APPROVE and authorize County Counsel or designee to execute a temporary legal services contract with Pamela J. Zaid for the period from July 1, 2004, through June 30, 2005 at the rate of$65.00 per hour as utilized. 11. FINANCIAL. IMPACT This contract will be funded from the County Counsel's recommended FY 2004-2005 budget and can be terminated upon three days' notice during its term should revenue fee charges no longer be available. Ill. BACKGROUND The approval of this contract will allow the County Counsel's staff to provide continuity of legal services for General Law Assignment actions during its term. SBM:wrm a �' a CONTINUED ON ATTACHMENT': YES SIGNATURE: t-- COMMENDATION OF COUNTY ADMINISTRATOR ,RECOMMENDATION OF BOARD COMMITTEE 4-0—PROVE OTHER _..�. � 'mss` SIGNATURE(S): �✓ ACTION OF BOLD June 22,2004 APPROVED AS RECOMMENDED X OTHER t. VOTE OF SUPERVISORS { J I HERESY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY G UNANIMOUS{ASSENT 1 t•{ } of AN ACTION TAKEN AND ENTERED IN THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: C"" ATTESTED c, ,Y . . 22—, 2_ 7 JOHN SWEETEN, CLERK OF THE BOARD OF NOES: SUPERVISORS AND COUNTY ADMINISTRATOR ABSENT: y/� ABSTAIN: BY 0,W1 {C__r}' i.X.�� ,DEPUTY cc: County Counsel Auditor HAWMCAD\CONTRACT Zald2aid Sd Order 7-2004.wpd TO: BOARD OF SUPERVISORS 4. Contra FROM: David Coleman Costa DATE: June 22, 2004 + gra_.. ... County CrVJ1 SUBJECT. PUBLIC DEFENDER-- DEPENDENCY CASE ASSISTANT ' SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Public Defender to execute a contract with Graham Johnson in an amount not to exceed $58,500 to continue to provide dependency case assistance for the period June 1, 2004 through May 31, 2005. FISCAL IMPACT: No impact on the General Fund. The cost of dependency cases services is reimbursed 100% by the Superior Court under the California Rules of Court, 810, which identifies eligible costs for the Trial Court Funding Program. BACKGROUNDfREASON(S) FOR RECOMMENDATION: Attorneys assigned to represent minors in dependency cases are obligated by state law to visit the minor clients in the homes and placement settings at least once every 6 months. Such `home visits' may also entail consultations with families or other professionals such as social workers, teachers and psychologists. The home/school visits provide information from and consultation with the minor child that, in turn, form the basis for advocacy on behalf of the dependent children clients in W&I 300 proceedings. Dependency Case Assistants (DCA) work with, and under the supervision of, attorneys in the Public Defender's Office assigned to handle Welfare and Institutions Code section 300 cases for minors in Juvenile Court. Utilizing contract DCAs is both cost-efficient and sensible: (1) attorneys are paid more on an hourly basis than contract DCAs and such home visits involve travel time and other scheduling duties which can be carried out by DCAs at a lower hourly cost; and (2) DCAs often have backgrounds in social work, child development, education, criminal justice, and other allied fields which gives them an expertise not necessarily possessed by attorneys in the Public Defender's Office. The tasks of the DCA often require work on weekends and in the evenings and sometimes at locations that require lengthy automobile trips. Given the alternative and irregular work schedules required, as well as other work experience characteristics of the DCAs, recruitment, retention and payment as contract employees works best for the Department. Hopefully, too, in the best interests of continuity in their interaction with younger minors, a bond of trust will be established with these clients. CONTINUED ON ATTACHMENT: YES SIGNATURE: ----------- -------------------------_------------- _-- ------ ---------------- ------------ ___--- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,APPROVE OTHER SIGNATURES} Action of Beard on: l Approved as Recommended Other VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT V ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: C ATTESTED CONTACT: David Coiaman(5-6079) JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY �`CJV -- DEPUTY TO: BOARD OF SUPERVISORS `....:." ;�- ',` CONTRA FROM: J. W. Jeffers n, Director s I4 COSTA r ` 'k' 'a, COUNTY Office of Revenue Collection _ too DATE: June 1, 200 �yt�"t�i�vz� c C t SUBJECT: Agreement with State Employment Development Department(EDD) SPECIFIC'REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIOWSI AUTHORIZE the Director, Office of Revenue Collection (DRC) to enter into an agreement with the State of California Employment Development Department (EDD) for an estimated cost of $5,393.40 for the purpose of providing, wage, claim and employer data on individuals who have incurred debts with Contra Costa County through June 30, 2007. FINANCIAL IMPACT Actual cost to the County is dependent upon use of EDD data, with an estimated annual cost of $1,787.80. BACKCROUNDIREASON(S) FOR RECOMMENDATION(S): The State of California, Employment Development Department will provide confidential wage and claim information to local government entities pursuant to the Provision of Sections 1095 (e) and (i) of the California Unemployment Insurance Code to assist counties in locating employment history and asset information, and determining a debtor's ability to pay outstanding county debts. The EDD provides information for the collection of past-due accounts owed to Contra Costa County by individuals who have not paid their obligations to the qounty. CONTINUED ON ATTACHMENT: YES SIGNATURE: s RECOMMENDATION OF COUNTY ADMINISTRATOR R C MM --APPROVE OTHER E A F BOARD COMMITTEE �_ SIGNATURE(S): ACTION OF B Ail ON c#{1 I �_� APPROVED AS RECOMMENDED)k OTHER VOTE OF SUPERVISORS #HEREBY CERTIFY THAT THIS IS A UNANIMOUS(ABSENT_. } TRUE AND CORRECT COPY OF AN YES: _ NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN:_ ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Johnny Jefferson,335-8554 ATTESTED -(0,,it - .. JOHN SWEETEN,CLEW& THE BOARD OF SUPERVISORS cc; ORC AND COUNTY ADMINISTRATOR CAO Audltar Employment t)eveiopment c Repartnnent Arnold Schwarzenegger State of California Governor May 27, 2004 Contra Cosh, County, Office of Revenue Collections 2530 Arnold Drive, Suite 350 Martinez, CA 94553 Attn.: Peter Hurd, Collection Manager SUBJECT: EDC?AGREEMENT NO. M589458 x Enclosed are three copies of the above Agreement. Please have all copies signed by an authorized signatory of your Agency and return them to this office for final processing. We will send you a fully executed Agreement. Enclosed are copies of the above-referenced Agreement which have been signed on behalf of EDD. When approved, please return one executed signatory copy to EDD Contract Services group. Please initial the changes(s) on all copies of the Agreement on page(s) ,then return all copies for further processing to EDD Contract Services Croup. Enclosed is one original signature copy of the above referenced Agreement for your files. Please also provide a copy of the Board Resolution or Certification Regarding Signatory Authority for this contract. Please return the signed contract and Board Resolution to: Business Operations Planning and Support Division, Employment Development Department 800 Capitol Mall, MIC 62-C Sacramento, CA 95814 Attn: Rose Liu If you have any questions, please contact me at(916)654-64001 Rt�SE LIU Contract Analyst Enclosure STATE, OF CALIFORNIA EDIT CUSTOMER CODE: E00025 STANDARD AGREEMENT Std 213 PROJECT/ACTVITYCODE 661/090 AGREEMENT NUMBER M589458 1. _This Agreement is entered into between the Agency and the State of California Contractor named below - - REQUESTER AGENCY NAME Contra Costa County, Office of Revenue Collections STATE OF CALIFORNIA—CONTRACTOR AGENCY NAME Employment development Department 2. The term of this July 1, 2004 through June 30, 2007 Agreement is: 3. The maximum amount $5,393.40 of this Agreement is: (Five Thousand, Three Hundred Ninety Three Dollars and Forty Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A Scope of Work, Specifications and Payment Provisions 4 Pages Exhibit B Payment Provisions 2 Pages "Exhibit C General Terms and Conditions GTC 304 Exhibit D Confidentiality Requirements 1 Page Attachment No. D-1 Confidentiality Statement 1 Page Attachment No. D-2 Indemnity Agreement 1 Page "View at http://www.ols._dgs.ca.gov/Standard+Langoage/defauft.htm. IN WITNESS WHEREOF this Agreement has been executed by.the parties hereto. STATE OF CALIFORNIA CONTRACTOR Services Use fa separtmentoteeneraf e Ortfy CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.) Employment Development Department BY(Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Sheri S. Huber, Chief, Procurement Section ADDRESS P.O. Box 826880, MIC 62-C Sacramento, CA 94280-0001 AGENCY AGENCY NAME Contra Costa County, Office of Revenue Collections BY(A-uttwfized Signature) DATE SIGNED(Do not type) L ` `Z.. r PRIN E NAM AN TIT O RSON SIGNING ❑ Exempt per: t Joh y Jefferso rector ADDRESS 2530 Arnold Drive, Suite 350 Martinez, CA 94553 EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No.M589458 07/01/2004 to 06/30/2007 Page 1 of 4 EXHIBIT A This Agreement is entered into by and between the Employment Development Department hereinafter referred to as EDD and the Contra Costa Office of Revenue Collections, hereinafter referred to as the Requester. It sets forth the terms and conditions for the release and use of EDD°s confidential information. SCOPE OF WORK i. Purpose The EDD agrees to provide confidential employer address, wage, and benefit payment information as described within to the Requester. The Requester agrees to use the confidential information provided by EDD for the purpose of assisting in the collection of: 1) assisting in the collection of California Work Opportunity and Responsibility to Kids Act (CalWORKs) and Food Stamp overpayments; 2) assisting in the collection for the County's expenditures for medical assistance services rendered. ll, Legal Authority EDD shall make this information available to the Requester pursuant to Sections 1095 (f) and (h) of the California Unemployment Insurance Code (CUIC). The Requester 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 for the following purposes: (1) To enable the County in collection of California Work Opportunity and Responsibility to Kids Act (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 170300) of Division 9 of the Welfare and Institutions Code, as authorized by Section 1095(h) of the CUIC; and/or (3) To assist in the collection of money owed to the County or to the state by any person who has been directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a result of a violation of law, as authorized by Section 1095(n)(1) of the CUIC. EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No.M589458 07/01/2004 to 06/3012007 Exhibit `€A" Page 2 of 4 Ill. Contract Representatives 1. EDD's contact persons are: CONTRACT NEGOTIATION TECHNICAL ASSISTANCE Stephanie Barnes Robert Mortensen or designee Employment Development Department Employment Development Department Information Security Office, MIC 33 Enterprise and Tax Systems Division, MIC 79-5 P.O. Box 826880 P.O. Box 826880 Sacramento, CA 94280-0001 Sacramento, CA 94280-0001 Tel: (916) 654- Tel: (916) 654-8261 7979 Sbarnes2 0 edd.ca.gov rmortensen C edd.ca.gov FISCAL: CONFIDENTIALITY & DATA SECURITY Angela Yu or designee Employment Development Department Employment Development Department Information Security Office, MIC 33 Accounts Receivable Unit, MIC 70 P.O. Box 826880 P.O. Box 826880 Sacramento, CA 94280-0001 Sacramento, CA 94280-0001 Tel: (916) 654-6231 Tel: (916) 653-4227 InfoSec@edd.ca.gov ayuO@edd.ca.gov 2. Requester's contact persons are: CONTRACT NEGOTIATIONS TECHNICAL ASSISTANCE Peter Hard, Collection Manager Same Contra Costa County, Office of Revenue Collections 2530 Arnold Drive, Suite 350 Martinez, CA 94553 (925) 335-8556 Fax (925) 335-8580 FISCAL CONFIDENTIALITY & DATA SECURITY Same Same EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No. M589458 07/01/2004 to 06/30/2007 EXHIBIT «A" Page 3 of 4 IV. METHODOLOGY A. EDD'S RESPONSIBILITIES 1. EDD Agrees To: a) Prepare and forward to the Requester the following EDD abstract(ABS) reports for those individuals whose Social Security plumbers(SSN) have been forwarded to EDD by the Requester on IBM cartridge tape under EDD Customer Code E00025: 1. Wage and Claim Abstract(DE 507) 2. Employer Address (DE 4989) 3. Unemployment Insurance (UI) Claim History (up to 2 years) 4. Disability Insurance (DI) Claim History (up to 2 years) b) EDD will mail tapes to: Peter Hurd, Collection Manager Contra Costa County, Office of Revenue Collections 2530 Arnold Drive, Suite 350 Martinez, CA 94553 B. THE REQUESTER'S RESPONSIBILITIES 1.The Requester agrees to: a) Request only confidential information for the purposes stated in Exhibit A, Section 11, Legal Authority, using IBM cartridge tape format 3480 or 3490. b) Only request the abstracts authorized in this agreement on cartridge tape, on a bi-weekly basis, during the period specified herein. c) To submit requests for wage, claim, employer and client address data to EDD under this Agreement only for the purposes stated in Exhibit A, Section 11, Legal Authority. d) Use the specified ABS reports only for the purpose(s) as stated in Exhibit A, Section 11, Legal Authority. e) Return EDD tape(s) to EDD within forty-five (45) days from the transmittal date to the address on the transmittal. f) Send data requests to: State of California Employment Development Department ATTN: Inventory Control, Unit 11, MIC 23-1A P.O. Box 826880 Sacramento, CA 94280-0001 g) Dispose of EDD's confidential information using an approved method of confidential destruction. h) Comply with the Unemployment Insurance Code on any matters pertaining to the access, use, and/or release of data under this agreement. Failure to comply with this provision shall be deemed a breach of this agreement and shall be grounds for cancellation of this agreement. EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No. M589458 07/01/2004 to 06/30/2007 Exhibit "A" Page 4 of 4 i) Warrant by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, Edd shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability. j) The Requester shall not release EDD's confidential information to any entity, which is a private collection agency, or to any other entity without EDD's prior written consent. k) Cooperate with EDD's authority to monitor this Agreement in accordance with Exhibit D, paragraph {j}. EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No. M589458 07/01/2004 to 06/30/2007 EXHIBIT "E" 'age 1 of 2 PAYMENT PROVISIONS a. The maximum amount of this Agreement shall not exceed Five Thousand, Three Hundred Ninety Three Dollars and Forty Cents ($5393.40. 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 Requester shall reimburse EDIT the total amount due, based on the following transaction rates structure plus administrative costs for contracting: Requested Products Rate Structure The rate structure consists of: • $15.00 (fifteen dollars) set-up charge for each tape submitted; $5.00 (five dollar) charge per quarter for archive wage material searched, if applicable; The following rate chart will apply: t a a•s s -,"3azA1 _ ma xc r a' i PF w xx r C� If a �StOtR � �1 T dd r e ° s Y :.. ,.. ............................._ ..2� ................... . »............$.50101...»,......_......._...».....,$1.002(32...».............._$1..:0©202.,. 251 -2,000 € .12621 .25242 . ..»,._„»•25242 s................................._......_...-........._....................._...............................»...............»......_................:............_.._. ......... ......... ...:.... .... ........` .2,001 - 1 ............,00 .02163 .04326 t .04326 ..............................._............................................._.........»:....................»...................................._..._.»»»»..........._...._..»..........., 10,001 250,000 .Ot}510............................ 0102 0102 t.............»..»...........»....................-.........................»,..»..... .................n......................... �...........................................: 250,001 - 1 Million .00146 .00146 »_ .00146 .............».................................._.._.._..».....................:..........................................._.»».............._.....:................ ........ .....». ...1.... ............ ....,... More than 1 Million .00121 .00121 .00021 C. Each 5SN submitted may generate 1 to 5 products, depending on the types of information requested. Requester shall be charged for the total number of products requested. The maximum amount of this contract has been computed, based on 3,000 SSNs per quarter, accordingly: Wage and Claim Abstract-DE 547 1 product 3000 x.02163 x 40 x 3yrs 778.68 Em to er Address DE 4989 1 product 3000 x .02163 x 40 x 3yrs 778.68 Client Address 1 product 3000 x .02163 x 40 x 3yrs 778.68 Unemployment Insurance Claim History 1 product 3000 x .02163 x 40 x 3yrs 778.68 (up to 2 ears Disability Insurance Claim History 1 product 3000 x .02163 x 40 x 3yrs 778.66 _(uR to 2 ears Administrative Fee 1,500.00 Total for 3-year contract $5,393.40 EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No.M589458 07/01/2004 to 06/80/2007 Exhibit «B., Page 2 of 2 Administrative Costs for Contracting The administrative costs for contracting include the costs for development, processing, and maintenance of a contract that averages$1,500 per contract. The Requester will be charged an administrative cost of$125.00 per quarter for a 3-year contract. a. EDD Invoices will reference the EDD Contract No. M589458 and EDD customer code E00106 and shall be submitted for payment to: Peter Hurd, Collection Manager Contra Costa County, Office of Revenue Collections 2580 Arnold Drive, Suite 350 Martinez, CA 94553 b. Payment must reference the EDD Contract Number M589458 and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. ACCURACY ASSESSMENT Individual employers and claimants report the information in the EDD's files. Since EDD is not the originator of the information disclosed, EDD cannot guarantee the accuracy of the information. TERMINATION CLAUSE This Agreement may be terminated by either party by giving written notice 30 days prior to the effective date of such termination. _. EDD/Contra Costa County,Office of Revenue Collections EDD Agreement No. M589458 07/01/2004 to 06/30/2007 Page 1 of 1 EXHIBIT D CONFIDENTIALITY REQUIREMENTS EDD Confidential information identifies an individual or an employing unit. Confidential information is not open to the public and requires special precautions to protect it from loss and unauthorized access, use, disclosure, modification, and destruction. The confidential information obtained under this Agreement by the Requester remains the property of EDD. The Requester agrees to the following information security and confidentiality provisions: a) Use the confidential employer information only for purposes specifically authorized under this Agreement. Pursuant to California Unemployment Insurance Code section 1094, use of EDD's confidential information as evidence in any legal court proceeding, for taxation, or enforcement purposes is prohibited. b) Make this information available to authorized staff on a "need-to-know" basis and only for the purposes authorized under this Agreement. "Need to know" refers to those authorized employees who need information to perform their official duties in connection with the uses of the information authorized by this agreement. c) Notify the EDD immediately of any information security breaches involving EDD's confidential information. d) Assign security and confidentiality responsibilities for EDD's information to the person (s) named in Exhibit"A"of this contract. e) Immediately notify EDD in writing of any changes in staffing or designations. f) Instruct all individuals authorized access to the confidential information furnished by EDD regarding: (1) in the confidential nature of the information, and (2)the sanctions against unauthorized use or disclosures found in Unemployment Insurance Code Sections 2111, Penal Code Section 502, and Civil Code Section 1798.55. g) Require all Requester employees permitted by the Requester to access the EDD data, to sign a Confidentiality Statement (Attachment D-1) and an Indemnity Agreement (Attachment D-2) attesting to the fact that he/she is aware of the confidentiality of the information and the penalties for unauthorized disclosure thereof. Keep copies of the signed Confidentiality Statements and Indemnity Agreements with this Agreement. Make the completed forms available to EDD staff on request and during on-site reviews. The completed Confidentiality Statements and Indemnity Agreements are hereby made a part of this Agreement. h) Protect'EDD's information against unauthorized access. The information obtained under this Agreement will not be reproduced, published, sold or released in original or any other form without EDD's prior written authorization. The information obtained under this agreement will be used exclusively under provisions set forth and provided by the California Unemployment Insurance Code. i) Stare EDD's confidential information in a place physically secure from access by unauthorized persons. Stored and processed information in electronic format in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means. j) Permit EDD to make on-site inspections to ensure that the terms of this Agreement are being met. EDD/Contra Costa County,Office of Revenue Collections EDC}Agreement No.M589458 07/01/2004 to 06/30/2007 ATTACHMENT D-1 Pace 1 of 1 Confidentiality Statement Information Resources maintained by the State of California Employment Development Department (EDD)and provided to your agency may be confidential or sensitive. Confidential and sensitive information are not open to the public and require special precautions to protect it from unauthorized use, disclosure,modification, and destruction. The EDD strictly enforces information security. If you violate these provisions, you may be subject to administrative, civil, and/or criminal action. Yqy agree to protect the foliowina types of confidential and sensitive Information: • Wage Information • Applicant information • Employer Information . Proprietary Information • Claimant Information • Operational Information (instructional manuals) • Tax Payer Information You agree to protect Et7D's Information Resources by: • Accessing or modifying EDD supplied information only as specified in the Contract. • Never accessing information for curiosity or personal reasons. • Never showing or discussing sensitive or confidential information to or with anyone who does not have the need to know. • Placing sensitive or confidential information only in approved locations. • Never removing sensitive or confidential information from your work site without authorization. You have a responsibility to know the classification of the information you are working with. Refer any questions about the classification of the EDD client information(public, sensitive, confidential) to the Contractor's staff person responsible for security and confidentiality of the EDD data. Unauthorized access, use, modification, or disclosure of confidential information is a crime under state and federal laws, including but not limited to§1735.20 et.seq. of the California Civil Code; §502 of the California Penal Code; and §2111 of the California Unemployment Insurance Code. The penalties for unauthorized access, use, modification, or disclosure may include any or all of the following: • Civil action—fines andlor dismissal • Criminal—fines and/or incarceration • Administrative—loss of employment,salary reduction or demotion You are reminded that these guidelines are designed to protect everyone's right to privacy, including your own. "I certify that I have read the confidentiality statement printed above. I further certify and understand that unauthorized access, use, modification, or disclosure of confidential information may be punishable as a crime and/or result in disciplinary and/or civil action taken against me." ���.St.✓ t`•�""1 �t'� lr �d� E Vit,/F �� ( Print jFull Name(lastj first,MI) p ,,Sign e �,.`.� I��k l i�... 6� ?VQ-�`a�`ti61�— �_�,���.i:�t t�'--• � 6 .. 1���'� r ' Print Name of Governmental Agency Date Signed Contra Costa County, Check the appropriate box: Office of Revenue Collections Employee ❑ Student Print Name of Contractor and/or Subcontractor Subcontractor ❑ Volunteer Other:' Explain EDD/Contra Cosh County,Office of Revenue Collections EDD Agreement No.M589458 07/01/2004 to 06/30/2007 ATTACHMENT D-2 Paae 1 of 1 ---�"�* Development Jj Development �+� Department Indemnity Agreement lent State of California Indemnity In consideration of access to EDD information which is personal, sensitive, or confidential, Contra Costa County, office of Revenue Collections - -- (Enter Name of Research Organization) agrees to indemnify EDD against any and all liability costs, damages, attorney fees, and other expenses EDD may incur by reason of or as a result of any unauthorized use of the personal, sensitive, or confidential information or any violation of the "Confidentiality Statement" by: (Enter name of staff person authorized to access EDD's information) This obligation shall be continuous and may not be changed or modified unless agreed to in writing. In addition, I understand that the following penalties may be incurred for any such misuse of EDD Information: 1. Any individual who has access to returns, reports, or documents maintained by EDD who fails to protect the confidential information from being published or open to the public may be punished by imprisonment in the county jail for up to one year or a fine of $20,000.00 or both. (Unemployment Insurance Code 2111). 2. Any person who intentionally discloses information, not otherwise public, which they knew or should have known was obtained from personal information maintained by a state agency, shall be subject to civil action for invasion of privacy by the individual to whom the information pertains. (Civil Code 1798.53). 3. Any unauthorized access to EDD computer data, computer systems, or unauthorized use of EDD data is punishable by a fine or imprisonment in the county jail or both. (Penal Code 502). i 1 certify that 1 have read and understand the lipidemniT Agrepme t printed above. Print Full Name(last,firs ,MI) Si ature ty, Contra Cosa Counice of Revenue rz 'L, Collections Position and Title Print Name of Contractor and/or Subcontractor (` ff, ( �p l E{Ga— �k" Print Name of Governmental Agency Date Signed Check the appropriate box: �ijll- 171 Employee ❑ Subcontractor ❑ Student ❑ Volunteer Other (Explain)