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Consent-Law & Justice Services # 24.
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| Board of Supervisors |
Sheriff-Coroner/Public Administrator |
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| Subject |
| Approve a data sharing agreement with the California Employment Development Department to provide wage, claim and employment information and ensure that confidentiality provisions for that information are met with a not-to-exceed amount of $747 through July 31, 2022. (No general fund impact) (Lopez/Johnson) |
| Recommended Action |
| Approve a data sharing agreement with California Employment Development Department (EDD) to provide wage, claim and employment information and ensure that confidentiality provisions are met for a not to exceed amount of $747 from the final approval date of the Agreement through July 31, 2022. |
| Strategic Plan Goal(s) |
Operational Excellence
Safe Communities |
| Reason for Recommended Action/Background |
When examining the suitability of a potential new employee, the Yolo County Sheriff’s Office (Sheriff’s Office) collects several historical and current pieces of information on the candidate as part of the pre-employment background investigation. This can include information on wages, claims and dates of employment, which can be supplied by the California Employment Development Department (EDD). Wage, claim and employment information is collected to verify an applicant’s work history and help determine whether the Sheriff’s Office is hiring the best possible candidate to fulfill sworn and non-sworn duties. While the EDD has historically provided this information to the Sheriff’s Office without a contract document in place, the EDD has concluded that a reimbursable data sharing agreement (DSA) is required due to the increasing number of requests for such information from the Sheriff’s Office. The Sheriff’s Office will reimburse the EDD for the costs associated with the preparation of disclosures. The DSA will also ensure that the Sheriff’s Office follow applicable security and confidentiality requirements. The confidentiality portion in the DSA adopts the requirements under Title 20 Code of Federal Regulations, Part 603 and other Federal and State statutes. The term of the proposed Agreement is three years, from August 1, 2019, or upon final approval date, through July 31, 2022.
The EDD will invoice the Sheriff’s Office on a quarterly basis for wage, claim and employment information provided at the per unit rate of $1.0375. The Sheriff’s Office estimates requesting wage and claim information for approximately thirty (30) social security numbers (SSN) per quarter, which can generate 1-2 pieces of information per request. Based on such estimate, the DSA is set for a maximum not to exceed amount of $747 for the three-year period, which is based on the EDD formula (30 SSN information requests x two pieces of information returned x billable rate $1.0375 x four quarters x three-year agreement).
Under the proposed DSA, the Sheriff’s Office agrees to comply with all applicable Federal and State statues, rules, and regulations regarding the security of the confidential information, including but not limited to:
Title 20 Code of Federal Regulations, Part 603
California Unemployment Insurance Code §1094 (Disclosure Prohibitions)
Title 20, Code of Federal Regulations §603.9 and §603.10 (Federal Unemployment
Compensation Safeguards and Security Requirements)
California Civil Code §1798, et seq. (Information Practices Act)
California Penal Code §502 (Computer Fraud Act)
Title 5, U.S. Code §552a (Federal Privacy Act Disclosure Restrictions)
Title 42, U.S. Code §503 (Social Security Act)
Title 18, U.S. Code §1905 (Disclosure of Confidential Information)
The Sheriff’s Office will designate an employee to be the Information Security Officer who will be responsible for ensuring the confidentiality provisions outlined in the DSA are followed. All Sheriff’s Office staff assigned to work with the information provided by EDD will sign a Confidentiality Statement, which acknowledges their responsibility for knowing and following the confidentiality and security requirements, policies, and administrative processes.
Because this Agreement is between two government entities, Board of Supervisors approval is now requested. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Sheriff’s Office staff assigned to perform background investigations have assisted with matters relating to the implementation of this Agreement. County Counsel has approved the attached contract and approved as to form. |
| Competitive Bid Process |
As the vendor is requiring this Agreement and no other vendor can provide the confidential information required, a competitive bid process did not occur.
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| Due to the low dollar amount of this Agreement, budgeted fiscal year 2019-20 funds should be able to absorb the previously non-billed expenses. The per fiscal year dollar amount of $249.00 can be added in subsequent budget years. |
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