Chapter 2.160 CHILD SUPPORT COMPLIANCE PROGRAM

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 (Gov. 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 1237 § 1, 2003: SCC 1200 § 1, 2001; SCC 1195 § 1, 2001.)

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 this Chapter.
e. “Principal owner” means any individual who owns an interest of twenty-five percent (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 1237 § 2, 2003: SCC 1200 § 1, 2001; SCC 1195 § 1, 2001.)

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 1237 § 4, 2003: SCC 1200 § 1, 2001; SCC 1195 § 1, 2001.)

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) principal owner information shall be provided by contractors; (2) 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 (3) failure to cure the default within ninety (90) days of notice by the County shall be grounds for termination of the contract. (SCC 1237 § 5, 2003: SCC 1200 § 1, 2001; SCC 1195 § 1, 2001.)