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Agenda Item
ASR
Control 21-000275 |
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MEETING DATE: |
04/27/21 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
District Attorney
(Approved) |
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Department contact
person(s): |
Glenn Robison (714) 347-8778 |
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Ron Seman (714) 347-8814 |
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Subject: Approve Agreement for
Locator Information
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$1,373 |
Annual Cost:
FY 2021-22 $5,492 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 2/6/2018
#4 |
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RECOMMENDED ACTION(S):
Authorize the County Procurement Officer or authorized Deputy to execute Agreement with Employment Development Department for Locator Information for the Orange County District Attorney’s Office in an amount not to exceed $5,492 annually and $16,476 cumulatively for the term of April 27, 2021, through February 29, 2024.
SUMMARY:
Approval of this Agreement will allow the Orange County District Attorney’s Office to use Locator Information to assist with locating victims of crime, suspects, missing persons, potential witnesses or persons for whom a felony arrest warrant has been issued.
BACKGROUND INFORMATION:
The Orange County District Attorney’s Office (DA) requires the use of Locator Information from the Employment Development Department (EDD) for locating victims of crime, suspects, missing persons, potential witnesses or persons for whom a felony arrest warrant has been issued.
Section 1095(m) of the California Unemployment Insurance Code (CUIC) authorizes EDD to provide federal, state or local governmental agencies with information that will assist in locating crime victims who, by state mandate or court order, are entitled to restitution that has been or can be recovered. CUIC Section 1095(n)(1) also authorizes EDD to provide such information concerning individuals who are directed by state mandate or court order to pay restitution as a result of law violations.
The automated process of requesting the information from EDD allows for a 24-hour turnaround time after the request has been submitted. The rates for these services are detailed in Exhibit B of this Agreement and include costs for Secured File Transfer accounts fees, administrative contracting fees and per product charges for requests for current and archived data. The Agreement amount is based on an estimated 600 Social Security Numbers to be submitted per quarter to the EDD for locator information.
The services provided under this Agreement will help ensure that the needs and interests of victims are addressed in the criminal justice process, as well as assist case investigation that would lead to relevant evidence. Obtaining the Locator Information from EDD will allow the DA to continue that mission.
On February 6, 2018, the Board of Supervisors (Board) approved State of California Standard Agreement Number M8107940 in the amount not to exceed $16,476 for the three-year term of March 1, 2018, through February 28, 2021, for Locator Information.
This Agreement contains an Indemnification provision for EDD, but not for the County, which requires approval by the Board. EDD may also terminate the Agreement if the DA fails to perform specified requirements in the Agreement. This Agreement does not contain any insurance requirements, as EDD and the County have self-insurance programs. County Executive Office-Risk Management has reviewed these non-standard terms and conditions and found them to be acceptable for these services. A Risk Assessment or Modification of Insurance Terms form is attached herein as Attachment D.
The DA requests the Board's approval of this Agreement for Locator Information with EDD for the period of April 27, 2021, through February 29, 2024, in the cumulative maximum amount of $16,476.
This Agreement does not currently include subcontractors or pass through to other providers. See Attachment B for Contract Summary Form.
This Agreement is being brought to the Board with less than 30 days prior to the Agreement start date as the negotiations of non-standard terms and conditions with EDD took longer than expected.
FINANCIAL IMPACT:
Appropriations for this Agreement are included in the DA’s FY 2020-21 Budget for Budget Control 026 and will be included in the budgeting process for future fiscal years. This Agreement may be terminated by EDD or DA with 30 days’ notice.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - State of California EDD Agreement Number
0000000209
Attachment B - Contract Summary Form
Attachment C - California Unemployment Insurance Code sections 1095(m) and
1095(n)(1)
Attachment D - Risk Assessment or Modification of Insurance Terms Form