Title
Health and Human Services Agency recommending the Board:
1) Approve and authorize the Chair to sign Agreement 291-O1810 with TransUnion, LLC, to provide Child Welfare Services access to credit reports for foster youth and non-minor dependent foster youth, with a retroactive effective date of September 7, 2017, for a perpetual term, and no remuneration to either party;
2) Authorize the Purchasing Agent, or designee, to execute further documents relating to these documents, including amendments, that do not increase the maximum dollar amount or term of the Agreements and contingent upon approval by County Counsel and Risk Management; and
3) Authorize the Chair to sign a termination letter cancelling the current perpetual Agreement for Services 373-S1511 with TransUnion LLC.
FUNDING: There is no funding associated with this Agreement.
Body
DEPARTMENT RECOMMENDATION:
Health and Human Services Agency (HHSA) recommending the Board approve Agreement 291-O1810, “Pricing for TransUnion Services and the TransUnion Master Agreement for Consumer Reporting and Ancillary Services” to provide the Child Welfare Services (CWS) program access to consumer report information to assist foster youth in interpreting and resolving any inaccuracies in their credit report in accordance with Welfare and Institutions Code Section 10618.6. To meet the Federal and State mandates, HHSA must contract with each of the three credit reporting agencies, including TransUnion LLC.
In addition, HHSA is also recommending the Board authorize the Chair to sign a termination letter cancelling the current agreement 373-S1511 with TransUnion, LLC.
DISCUSSION / BACKGROUND:
On May 12, 2015, the Board approved perpetual Agreement for Services 373-S1511 with TransUnion, LLC (File ID 15-0486, No. 11). On September 7, 2017, HHSA received the updated and revised Agreement with TransUnion LLC in for form of “Pricing for TransUnion Services and updated Master Agreement for Consumer Reporting and Ancillary Services,” which will replace the current Agreement 373-S1511.Therefore, HHSA is also recommending the Board approve and authorize the Chair to sign a letter terminating Agreement for Services 373-S1511.
On September 30, 2011, Public Law 112-34, known as the Children and Family Services Improvement and Innovation Act, was signed by President Barack Obama. This law requires that each foster youth who has reached the age of 16 years, receive a free copy of any credit report each year until that youth has been discharged from care. This law also requires that the foster youth receive assistance in interpreting and resolving any inaccuracies in the credit reports, including referral to other governmental or nonprofit agencies that provide consumer credit services. On September 30, 2012, California Senate Bill 1521 was approved, which amends Welfare and Institutions Code Section 10618.6 and brings California State law into compliance with the Federal law. In addition to assisting foster youth, the law requires CWS to assist non-minor dependents in obtaining and interpreting their credit reports.
Most foster youth and non-minor dependents should not have any accounts listed on their credit reports, and the existence of an account on the foster youth’s credit report does not necessarily indicate identity theft. However, the law requires CWS to assist foster youth in obtaining, interpreting, and if necessary, resolving inaccuracies in the credit reports, including referral to entities that assist consumers in resolving credit inaccuracies.
While the law does not require CWS to assist non-minor dependents in obtaining their credit report, it does require CWS to assist non-minor dependents in requesting and reviewing the reports. Agreements with the credit reporting agencies, such as TransUnion, LLC, facilitates CWS in this process.
ALTERNATIVES:
Should the Board decline to terminate the existing perpetual agreement 373-S1511 with TransUnion, LLC and approve the new perpetual agreement 291-O1810, the CWS program would be at risk of noncompliance with Welfare and Institutions Code 10618.6.
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
County Counsel, Risk Management, and Information Technologies
CAO RECOMMENDATION:
It is recommended that the Board approve this item.
FINANCIAL IMPACT:
There is no Net County Cost associated with this Agenda item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board to obtain signature of Chair on two (2) originals of the Pricing for TransUnion Services and two (2) originals of the Master Agreement for Consumer Reporting and Ancillary Services.
2) Clerk of the Board to obtain the signature of the Chair on two (2) originals of the letter terminating existing Agreement for Services 373-S1511.
2) Clerk of the Board to return the two (2) signed originals of the Pricing for TransUnion Services, the two (2) partially signed originals of the Master Agreement for Consumer Reporting and Ancillary Services, and one (1) signed original termination letter to the HHSA Contracts Unit at 3057 Briw Road.
STRATEGIC PLAN COMPONENT:
N/A
CONTACT
Patricia Charles-Heathers, Ph.D., MPA, Director