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Consent-Law & Justice Services    # 29.
Board of Supervisors
Sheriff-Coroner/Public Administrator
Meeting Date:
07/11/2023
Brief Title
Reimbursable Data Sharing Agreement
From:
Tom A. Lopez, Yolo County Sheriff-Coroner-Public Administrator, Yolo County Sheriff's Office
Staff Contact:
Matthew Davis, Undersheriff, Yolo County Sheriff’s Office, x5395
Supervisorial District Impact:
Countywide

Subject

Approve agreement with the Employment Development Department in the amount of $1,921 to provide wage and claim information via secure electronic transmittal service as part of pre-employment background investigations and ensure that state and federal confidentiality provisions for that information are met from August 1, 2023, through June 30, 2026. (No general fund impact) (Lopez/Davis)

Recommended Action

Approve agreement with the Employment Development Department in the amount of $1,921 to provide wage and claim information via secure electronic transmittal service as part of pre-employment background investigations and ensure that state and federal confidentiality provisions are met. Term of the contract is from August 1, 2023, through June 30, 2026.

Strategic Plan Goal(s)

Safe Communities

Reason for Recommended Action/Background

When examining the suitability of a potential new employee, the Yolo County 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 dates of employment and is supplied by the state Employment Development Department (EDD) Investigation Division (ID) and the EDD Information Security Office (ISO). Employment date histories are collected in order to verify an applicant’s work history and help us to determine that the Sheriff’s Office is hiring the best possible candidates to fulfill its law enforcement duties.  The EDD has been providing this information to the Sheriff’s Office under a reimbursable data sharing agreement (DSA) since August 2019.  Previously the data was returned to the Sheriff's Office via hard copy, this agreement will supersede our previous agreement expiring June 30, 2025, and allow for information to be returned via secure electronic transmittal service. The DSA allows for the collection of reimbursement from the Sheriff’s Office for the costs associated with the preparation of disclosures and ensure that confidentiality provisions that meet the requirements of Title 20 Code of Federal Regulations, Part 603 and the California Information Practices Act are in place to protect the information contained in the disclosures. The term of the proposed agreement is three years, from August 1, 2023, through June 30, 2026.
 
The EDD will provide confidential wage and claim information, the “product”, to the Yolo County Sheriff’s Office for each Request for Wage and Claim Information and signed Authorization for Release of Records received from the assigned Yolo County Sheriff’s Office Information Security Officer via electronic transmittal. In return, the Yolo County Sheriff’s Office agrees to use the confidential information to conduct law enforcement employment background investigations for sworn and non-sworn candidates.  Yolo County agrees to comply with all applicable statutes, rules, and regulations regarding the security of the confidential information, including but not limited to:
  • 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 Information Security Officer will oversee any staff in their use of the confidential information, and will instruct them of the need to adhere to the security and privacy provisions outlined in the agreement. All Yolo County staff assigned to work with the information provided by EDD will sign a Confidentiality Statement, attached as E-1, which acknowledges the rules, regulations, and safeguards that must be in place by the recipient agency to use, store, process, and dispose of the confidential information and the consequences of their violation.
 
EDD will conduct compliance reviews as part of the contract monitoring process to monitor and assess status of the data to ensure that the terms, conditions, and disclosure constraints stipulated in the agreement are followed. Both parties agree to designate staff to have primary responsibility for program liaison, coordination of activities, and to meet, when necessary, to further redefine specific program procedures, not to disclose any information to any person or agency other than those authorized specifically under the agreement, and to cooperate fully for proper performance of the agreement.
 
The maximum not to exceed amount for this agreement is $1,921, based on the Sheriff’s Office estimate that 30 Request for Wage and Claim Information documents will be submitted each quarter, a $12.00 monthly account fee, and a one-time $1,500 administrative fee.

Because this agreement is between two government entities and the California State Contracting Manual requires a resolution or similar document from the local governing body authorizing execution of the agreement, 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 as to form.

Competitive Bid Process/Vendor Performance

As the vendor is requiring this agreement and no other vendor can provide the confidential information required, a competitive bid process did not occur.

Fiscal Impact

No Fiscal Impact

Fiscal Impact (Expenditure)

Total cost of recommended action:
$    1,921
Amount budgeted for expenditure:
$    1,632
Additional expenditure authority needed:
$    0
On-going commitment (annual cost):
$    144

Source of Funds for this Expenditure

FY 24 Budgeted MGMT Funds
$1,632

Further explanation as needed:

Year one costs have been included in the FY23/24 budget. Future costs will be incorporated into upcoming fiscal year budgets.

Attachments

Form Review

Inbox Reviewed By Date
Matt Davis Julie Dachtler 06/26/2023 01:43 PM
Tom Lopez Tom Lopez 06/27/2023 01:51 PM
Financial Services Laura Liddicoet 06/28/2023 07:44 AM
Financial Services Laura Liddicoet 06/28/2023 08:25 AM
County Counsel Phil Pogledich 07/06/2023 05:14 PM
Form Started By:
Selena Hobbs
Started On:
06/22/2023 04:23 PM
Final Approval Date:
07/06/2023