a. The
Board of Supervisors finds that compliance with court-ordered child,
family, and spousal obligations is in the public interest and benefits
all residents of the County of Sacramento. Nonpayment of child, family
and spousal support is a leading cause of childhood poverty and welfare
dependency in the United States. The widespread failure to comply
with court-ordered child, family and spousal support obligations endangers
the public health and welfare of children and families in Sacramento
County.
b. Such
nonpayment of child, family and spousal support increases the burden
on County taxpayers to provide social services for these children.
In order to protect the public health and welfare, the County and
its taxpayers have been required to provide a large array of social,
medical and other services for the benefit of children and families
to whom these support obligations are owed.
c. The
Board of Supervisors finds that it is in the County's interest that
those entities with whom it does business demonstrate financial responsibility,
integrity and lawfulness. The Board of Supervisors further finds that
it is inequitable for those entities with whom the County does business
to receive County funds while failing to pay court-ordered child,
family and spousal support which shifts the support of their dependents
onto the public treasury.
d. The
Board further finds that one of the most serious problems in enforcing
court-ordered child, family and spousal support obligations is keeping
track of the obligors' current places of employment. Therefore, it
is the Board of Supervisors' intent to assist the Department of Child
Support Services in its efforts to collect unpaid court-ordered child,
family and spousal support orders by providing the Department of Child
Support Services with employment information relating to those entities
with whom it does business.
e. The
Board further finds that release of such information to the Department
of Child Support Services is authorized by or consistent with the
provisions of the Public Records Act (
Government Code § 6254(c)),
and
Family Code Sections 17212 and 17505.
f. This
chapter is not intended to and shall not apply to contracts with entities
that do not have a principal owner(s), including, but not limited
to, nonprofit agencies and governmental entities. Nor shall it apply
to County limited purchase orders or department field orders that
are utilized in accordance with the County purchasing policy.
g. This
chapter shall be titled the Child Support Compliance Program.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001; SCC 1237 § 1,
2003)
For purposes of this chapter, the following definitions apply:
a. "Contractor
information" means a new contractor's name, last known business address,
taxpayer identification number, all earnings paid or payable to such
contractor for goods provided to or services performed for or on behalf
of Sacramento County, and whether dependent health insurance coverage
is available to such contractor.
b. "Department
of Child Support Services" means the County department that is responsible
for enforcing child, family and spousal support orders and collecting
any unpaid amounts owed pursuant to such orders.
c. "Governmental
entities" means any Federal, State, County, City, special district,
school district or university.
d. "New
contractor" means any individual, partnership or other entity which
has contracted with, is seeking to contract with, or is renewing or
extending any contract with Sacramento County to provide goods to
or perform services for or on behalf of Sacramento County on or after
the effective date of the ordinance codified in this chapter.
e. "Principal
owner" means any individual who owns an interest of 25% or more in
a new contractor.
f. "Principal
owner information" means a principal owner's name, business telephone
number, last known residence address, last known residence telephone
number, social security number, all earnings paid to or payable to
such principal owner pursuant to any contract with Sacramento County,
and whether dependent health insurance coverage is available to or
provided to such principal owner.
g. "Substantial
compliance" means an individual is current regarding court-ordered
child, family and support obligations or has entered into an agreement
with the appropriate authority to satisfy any delinquency and to assure
future payments.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001; SCC 1237 § 2,
2003)
All County departments and agencies shall report contractor information upon contract renewal or for all new contracts exceeding $600, except as otherwise provided pursuant to Section
2.160.010(f) of this chapter, to the Department of Child Support Services.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001; SCC 1237 § 3,
2003)
At such time as a new contractor submits a bid, proposal or
other offer to provide goods to or perform services for or on behalf
of Sacramento County, the new contractor shall submit therewith a
written certification or affidavit that either: (a) each principal
owner does not have any existing child support orders; or (b) the
new contractor's principal owners are currently in substantial compliance
with any court-ordered child, family and spousal support order, or,
in the alternative, has made a good faith effort to become current
or arrange a payment schedule with the Department of Child Support
Services or the court. Every new contractor shall certify the following:
(a) the new contractor has fully complied with all applicable State
and Federal reporting requirements relating to employment reporting
for its employees; and (b) the new contractor has fully complied with
all lawfully served wage and earnings assignment orders and notices
of assignment and will continue to maintain compliance.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001; SCC 1237 § 4,
2003)
a. County solicitation documents, with the exception of those documents relating to public works contracts which are subject to the
Public Contract Code, shall advise new contractors that failure to submit the certification or affidavit required by Section
2.155.040 shall be grounds for a finding that the bid, proposal or other offer is nonresponsive.
b. All
County contracts, with the exception of public works contracts which
are subject to the
Public Contract Code, shall expressly provide that:
(1) failure to comply with State and Federal reporting requirements
regarding a contractor's employees or failure to implement lawfully
served wage and earnings assignment orders or notices of assignment
constitutes a default under the contract; and (2) failure to cure
the default within 90 days of notice by the County shall be grounds
for termination of the contract.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001; SCC 1237 § 5,
2003; SCC 1490 § 1, 2011)
The provisions of this chapter shall not be applicable to those
contractors who provide services to the County under contracts for
public works which are subject to the
Public Contract Code.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001)
The Department of Child Support Services shall annually report
to the Board of Supervisors concerning the effectiveness of this chapter.
Such report shall contain information on the actions taken under this
chapter.
(SCC 1195 § 1, 2001; SCC
1200 § 1, 2001; SCC 1237 § 6,
2003)