Court filing
Exhibit 3 to the Chestnut Declaration — Bofa Ca Unemployment (Dkt. 84.7)
Filed October 1, 2021 in Bofa Ca Unemployment; one of 1415 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of California |
|---|---|
| Filed | 2021-10-01 |
U.S. District Court for the Southern District of California · No. 3:21-md-02992-GPC-MSB · Doc. 84-7 · 2021-10-01 · Docket on CourtListener
Full text
Exhibit 3
Case 3:21-md-02992-GPC-MSB Document 84-7 Filed 10/01/21 PageID.627 Page 1
of 6
----
BANK OF AMERICA q ~
Dawn Haddock
Senior Client Manager
August 24, 2020
Sandra Mendes
Contracts Division Chief
Employment Development Department
State of California
800 Capitol Mall
Sacramento, CA 95814
Attn: Sandra Mendes
Public Sector Banking
555 Capitol Mall, Suite 765
Sacramento, CA 95814
T 916.326.7825 M 480.287.1848
dawn.e .haddock@BofA.com
This Letter Agreement (this "Letter") is made by the State of California Employment Development
Department (the "EDD") and Bank of America, N.A. (the "Bank") in reference to EDD Agreement Number
M6100352 (as amended, the "Agreement"). This Letter is effective August 24, 2020 ("Effective Date").
The EDD and Bank agree as follows.
I. Temporary Modifications. From the Effective Date through June 30, 2021 (as such period may be
extended by the parties hereto in writing (email is sufficient)):
a. Any failure of the Bank to perform any of the obligations under the Agreement listed in
Appendix 1 hereto will be excused if such failure occurs despite the Bank's use of efforts that
are commercially reasonable in the context of the COVID-19 pandemic.
b. Certain accommodations to the Agreement requirements as listed in Appendix 2 hereto shall
apply.
c. The Bank's obligation to produce cards (for newly created accounts and re-issued cards for
existing accounts) for UI and SDI benefits, inclusive, per business day, is a maximum of
50,000 cards; provided that the Bank may issue additional cards.
For clarity, the waivers in this Section 1 are for events occurring during the time period running
from the Effective Date through June 30, 2021.
2. Events Prior to the Effective Date. The EDD waives any remedies it has under the Agreement with
respect to any failure of the Bank to have met any specific obligations or service levels under the
Agreement ( despite exercising commercially reasonable efforts to meet them amidst the COVJD-19
pandemic conditions) during the period from March 16, 2020 through the Effective Date.
EXHIBIT 3
12
Case 3:21-md-02992-GPC-MSB Document 84-7 Filed 10/01/21 PageID.628 Page 2
of 6
Sandy Mendes
BOPSD Chief
......
BANK OF AMERICA~~
Dawn Haddock
Senior Client Manager
This Letter may be executed in counterparts.
State
of
California
Employment
Development Department
(Signature)
(Print Name)
(Print Title)
(Signature)
Dawn Haddock
(Print Name)
Senior Client Manager
(Print Title)
EXHIBIT 3
13
Case 3:21-md-02992-GPC-MSB Document 84-7 Filed 10/01/21 PageID.629 Page 3
of 6
Appendix 1
Requirement
Number
Requirement
36
The Contractor shall allow the EDD 15 working days for the review and approval of all artifacts developed by the Contractor in
completion of these requirements.
40
The Contractor’s administrative application shall, on average, process and respond to 98 percent of administrative inquiries
within two (2) seconds and 100 percent of administrative inquiries, on average, within five (5) seconds, on a monthly basis.
156
The Contractor shall provide the EDD a service capacity and performance data report on a weekly basis in accordance with an
approved DED. This report shall include at a minimum: IVR capacity, call center capacity, website capacity, transaction
processing platform capacity
171
The Contractor shall develop, provide and maintain IVR documentation for the EDD approved scripts.
174
The Contractor shall provide to the EDD an updated EDD Customer Service Manual within 30 days from the date of any change
to the EBP service.
181
The Contractor shall have the ability to process records 30% above highest production peak workload during the term of the
contract.
202
The Contractor’s blocked IVR calls shall be less than 5% of total calls on a monthly average.
203
The Contractor shall ensure that no call is transferred to voicemail or automatically disconnected from the queue.
204
The Contractor shall ensure that calls are not immediately placed on hold. A call immediately placed on hold when answered by
a CSR does not meet the definition of "answered."
213
The Contractor shall have a EDD approved process for handling calls that exceed the IVR call capacity.
226
The Contractor shall, limit the average wait time to speak to a live CSR to no more than 30 seconds for 70 percent of the calls,
and no more than two (2) minutes for all calls.
480
The Contractor shall report time slices at least hourly, for a 24 hour period beginning at 12 am for all IVR, CSC, and Website
reports.
487
As required by EDD, the Contractor shall report on the number of calls abandoned in the IVR by inquiry type (options), language
type, and the IVR scripting location.
490
As required by EDD, the Contractor shall report on the number of unique Automatic Number Identifications (ANIs) and the
frequency they are accessing the toll free number.
EXHIBIT 3
14
Case 3:21-md-02992-GPC-MSB Document 84-7 Filed 10/01/21 PageID.630 Page 4
of 6
Appendix 2
Requirement
Number
Requirement
39
The Contractor’s Website shall be available seven (7) days per week, twenty-four (24) hours per day and be available and
operational 99.0% of the time as described in Attachment V.2 Statement of Work – EBP Service Requirements.
49
The Contractor shall ensure scheduled maintenance to the Administrative Applications will not exceed, in aggregate, four
(4) hours of down time per month; unless agreed to with the EDD.
80
The Contractor shall process payment data within six (6) hours of receipt to disburse benefit payments.
82
The Contractor shall distribute the entire benefit amount to the EDD’s benefit claimants within six hours of cash settlement
in the Contractor’s bank account.
90
The Contractor shall transmit, within six hours of cash settlement, benefit payment data back to the EDD.
92
The Contractor shall return exception data, within six hours of receipt of the demographic data, to the EDD indicating
which accounts could not be established, including the error codes describing the reasons for exceptions.
98
The Contractor shall notify the EDD within two business days of any changes to EBP services that would affect the
processes and activities presented in the EDD- approved Change Management Plan.
106
All enhancements to the EBP service shall follow the EDD's approved processes. In the event of emergency enhancements
to the EBP service that deviate from previously approved processes, the enhancements shall be disclosed to the EDD
within two business days.
164
The Contractor shall submit to the EDD for approval, prior to release, any material associated with the EBP service that is
available to the public or the EDD’s claimants via the Contractor's Website. In the event of emergency changes to material
that deviate from previously approved processes, the changes shall be disclosed to the EDD within two business days.
169
The Contractor shall use the EDD approved scripts for the claimant IVR. In the event of emergency changes to IVR scripts
that deviate from previously approved scripts, the changes shall be disclosed to the EDD within two business days.
EXHIBIT 3
15
Case 3:21-md-02992-GPC-MSB Document 84-7 Filed 10/01/21 PageID.631 Page 5
of 6
170
The Contractor shall use EDD approved scripts in the Contractor’s IVR and Call Centers for unanticipated events related
to EBP processes and transactions. In the event of emergency changes to IVR and Call Center scripts that deviate from
previously approved scripts, the changes shall be disclosed to the EDD within two business days
201
The Contractor shall provide and maintain a U.S.- based claimant IVR that is operational seven (7) days per week, twenty-
four (24) hours per day, except for routine scheduled maintenance not to exceed four (4) hours per month.
224
The Contractor shall provide and maintain a CSC seven (7) days a week, twenty-four (24) hours per day, except for routine
scheduled maintenance not to exceed four (4) hours per month.
225
The Contractor shall provide and maintain a CSC seven (7) days a week, twenty-four (24) hours per day, except for routine
maintenance not to exceed four (4) hours per month.
274
The Contractor shall inform the EDD within two (2) hours of the loss of any contracted services including the service(s)
disrupted and estimated time of recovery.
492
As required by EDD, the Contractor shall report on the number of calls to CSRs by inquiry type (options), language type,
and IVR scripting location. Inquiry type reports do not have to be overlaid with language. Reports on inquiry type and
language will be separate.
494
As required by EDD, the Contractor shall report on the average wait time (Average Speed of Answer) and total wait time
to speak with a CSR by language type.
495
As required by EDD, the Contractor shall report on the average and total wait time in queue before abandoning while
waiting to speak to a CSR by language type.
498
As required by EDD, the Contractor shall report on the number of calls answered by the CSR without being placed in a
queue by language type.
499
As required by EDD, the Contractor shall report on the number of calls deflected (no available CSRs or queues are full)
by total and by language type.
500
As required by EDD, the Contractor shall report on the number of calls abandoned while in queue by language type.
EXHIBIT 3
16
Case 3:21-md-02992-GPC-MSB Document 84-7 Filed 10/01/21 PageID.632 Page 6
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