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HomeMy WebLinkAboutAgreement A-18-247 with EDD.pdfEDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 1 of 2 EXHIBIT A (Standard Agreement) This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and the Fresno County District Attorney’s Office, hereinafter referred to as the FCDA. It sets forth the terms and conditions for the release and use of the EDD’s confidential information. SCOPE OF WORK I. Purpose The EDD agrees to provide confidential Employer Address and Client Address information to the FCDA. The FCDA agrees to use the EDD confidential information for locating victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued, when the information is requested in the course of, and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. II.Legal Authority The EDD shall make this information available to the FCDA pursuant to California Unemployment Insurance Code (CUIC) Section 1095(i). The FCDA shall request and use the specified information in accordance with CUIC Section 1095(i) and California Penal Code 830.1. III.Contract Representatives 1.The EDD’s contact persons are: CONTRACT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE Kendell Groom, or Designee Employment Development Department Information Security Office, MIC 33 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 651-2885 E-mail: Kendell.Groom@edd.ca.gov cc: ISOPrivacyDisclosureUnit@edd.ca.gov FISCAL Erlinda Matienzo or Designee Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 653-4227 E-mail: Erlinda.Matienzo@edd.ca.gov EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 2 of 2 EXHIBIT A (Standard Agreement) 2.The FCDA contact persons are: CONTRACT NEGOTIATIONS AND ADMINISTRATION Ruth Falcon or designee Fresno County District Attorney’s Office 2220 Tulare Street Fresno, CA 93721 Phone: (559) 600-4464 E-mail: rfalcon@co.fresno.ca.us FISCAL MATTERS Fresno County District Attorney’s Office Business Office 2220 Tulare Street Fresno, CA 93721 Phone: (559) 600-4455 CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS Data Security and Integrity: Rod Campbell Internal distribution of the EDD products: Larry Waggle 3.Either party may make changes to the Contract Representatives information above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement. EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 1 of 4 ATTACHMENT A1 (Standard Agreement) SPECIFICATIONS I. METHODOLOGY: OFFICE OF TECHNOLOGY SERVICES (OTECH) SECURE FILE TRANSFER SERVICE (SFT) 1.The FCDA submits a request for LE 1095(i) Locator Reports under Customer Codes E00561 following the EDD specifications through the Secure File Transfer (SFT) service hosted by the California Office of Technology Services (OTech) for the purpose of investigating felony victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued. 2.The EDD retrieves and processes the Social Security Numbers (SSN) submitted by the FCDA. 3.On matching records the EDD produces the data files authorized under this agreement under Customer Code E00561 and submits the data files to the attention of the FCDA through the SFT system. 4.The FCDA retrieves the output data files from the SFT system within twenty (20) days of transfer. 5.On a quarterly basis the EDD invoices the FCDA for all SSN transactions submitted and the cost of the SFT account. I. RESPONSIBILITIES 1.The EDD agrees to: a.Set up a Basic User Account and password under Customer Code E00561 for the FCDA to access the OTech SFT system. b.Assign copies of the OTech SFT Basic User Manual and the EDD Abstract System Customer Instruction Packet to the FCDA to assist the FCDA in the implementation of the SFT process. c.Provide User Account administration to reset password, unlock user account, and/or modify user account. To request User Account support submit an email message to: Kendell.Groom@edd.ca.gov cc: ISOPrivacyDisclosureUnit@edd.ca.gov d.Retrieve the FCDA input file from the SFT temporary file storage repository on a daily basis and run the input file against the EDD databases. e. Provide the FCDA the following Abstract data files for those individuals whose submitted social security numbers match the EDD records: (1) LE 1095(i) Locator Report f.Transfer the response data file to the FCDA, through the SFT system under the output DSN: em_abs_abs251_sftrpts_abs00561 g.Retain the output data file for a period of twenty (20) calendar days in the SFT temporary file repository. On the 21th day, the data file is automatically deleted. h. Invoice the FCDA on a quarterly basis for all SSN transactions submitted and SFT account cost. EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 2 of 4 ATTACHMENT A1 (Standard Agreement) i.Monitor and assess status of the data to ensure that the terms, conditions, and disclosure constraints stipulated in this agreement are followed. This compliance review is part of the EDD contract monitoring process. 2.The FCDA agrees to: a.Request only the EDD information specifically authorized under this Agreement. b.Establish a new password at first logon to the Basic User Account established under Customer Code E00561 for the FCDA to access the OTech SFT system. c.Follow the following SFT Password Policy syntactical requirements: •The password must contain at least 8 characters. •At least one of the characters must be a number. •At least one of the characters must be a symbol (for example: !@#$%). •At least one of the characters must be an uppercase alpha character. d.Change the Basic User Account password on or before 90 days, after which the account will be locked. A limit of five attempts to enter the password is allowed after which the account will be locked. To request User Account support submit an email message to: Kendell.Groom@edd.ca.gov cc: ISOPrivacyDisclosureUnit@edd.ca.gov e.Create the request for LE 1095(i) Locator Reports, following the EDD specifications, for felony victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued. f.Request the file(s) authorized in this Agreement on an as needed basis during the period specified herein. The number of requests (SSNs) shall not exceed 1,000,000 (one million) SSNs on any daily cycle. Requests exceeding 1,000,000 SSNs will process the first 1,000,000 SSNs only. SSNs in excess of 1,000,000 will be discarded and the FCDA will need to resubmit in a future cycle. g.Upload the request file into the SFT temporary file storage repository, on an as needed basis, under the input DSN: em_abs_abs010_absreq_abs00561 h.Retrieve the response data file from the SFT temporary file storage repository within twenty (20) calendar days from submission. On the 21st day, the data file is automatically deleted. i.Delete the retrieved response data file from the SFT temporary file storage repository before submitting a new request. j.Use the EDD information to assist in the investigations of felonies or suspected felonies. k.Comply with the California Unemployment Insurance Code (CUIC) on any matters pertaining to the access, use, and/or release of data under this agreement. Failure to comply with this provision shall be deemed a breach of this agreement and shall be grounds for cancellation of this Agreement. l.Oversee the FCDA staff in their use of confidential information received from the EDD. EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 3 of 4 ATTACHMENT A1 (Standard Agreement) m. Instruct all the FCDA staff with access to the information provided by the EDD under this Agreement regarding the: (1) the confidential nature of the information; (2) the requirements of this Agreement; (3) the need to adhere to the security and confidentiality provisions outlined in Exhibit D – Protection of Confidentiality Provisions; and (4) the sanctions and penalties against unauthorized use or disclosure found in CUIC Sections 1094 and 2111, the California Civil Code Section 1798.55, and the California Penal Code Section 502. n. Ensure that all FCDA staff assigned to work with the information provided by the EDD have signed the EDD Confidentiality Statement (Attachment D1. Rev 05/14/14). o. Comply with Title 20, Code of Federal Regulations Section 603.9 with respect to any of the EDD confidential information. p. Use the information provided by the EDD only as specifically authorized under this agreement. The Unemployment Insurance Code section 1095(u) prohibits a private collection agency from using any EDD information the FCDA obtains under this Contract. Therefore, nothing in this Contract shall be construed to authorize or permit a private collection agency to use the EDD information for any purpose. Violation of this paragraph will be a basis for terminating the Contract. q. Dispose of the EDD’s confidential information using an approved method of confidential destruction. r. Not release the EDD’s confidential information to any other public or private entity without the EDD’s prior written consent. s. Cooperate with the EDD’s authority to monitor this Agreement in accordance with Exhibit D, Section II, paragraphs (e) and (f). t. Pursuant to 20 C.F.R., Part 603.10(c)(1), if the FCDA fails to comply with any provision of this Agreement, including timely payment of the EDD’s costs under this Agreement, this Agreement shall be suspended and no further disclosures will be made until the EDD is satisfied that corrective action has been taken and there will be no further breach. In the absence of prompt and satisfactory corrective action, this Agreement will be cancelled, and the FCDA shall surrender to the EDD all confidential information obtained under this Agreement which has not been previously returned to the EDD, and any other information relevant to the Agreement. 3. Joint Responsibilities. Both parties agree to: a. Designate staff to have primary responsibility for program liaison, coordination of activities, and to meet, when necessary, to further redefine specific program procedures. b. Not disclose any of the EDD or the FCDA information to any person or agency other than those authorize specifically under this Agreement. c. Cooperate fully and furnish such assistance as may be mutually agreed upon by the parties hereto as being necessary and appropriate for proper performance of this Agreement. 4. Disputes: In the event of a dispute between the EDD and the FCDA over any part of this Agreement, the dispute may be submitted to nonbinding arbitration upon the consent of both the EDD and the FCDA. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 4 of 4 ATTACHMENT A1 (Standard Agreement) III.ACCURACY ASSESSMENT Individual employers and claimants report the information in the EDD’s files. Since the EDD is not the originator of the information disclosed, the EDD cannot guarantee the accuracy of the information. IV.TERMINATION CLAUSE This Agreement may be terminated by either party by giving written notice 30 days prior to the effective date of such termination. EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 1 of 2 EXHIBIT B (Standard Agreement) I. BUDGET DETAILS AND PAYMENT PROVISIONS a. The maximum amount of this Agreement shall not exceed Two Thousand Six Hundred Seventy-Six Dollars and No Cents ($2,676.00). b. In consideration of the performance and completion of the foregoing in a satisfactory manner, and upon receipt of a detailed invoice, in triplicate, quarterly in arrears, the FCDA shall reimburse EDD the total amount due, based on the following product rate structure: • $16.00 per month SFT Account Fee • A $1,500.00 Administrative Fee. The administrative costs for contracting include the costs for development, processing, and maintenance of a contract, which averages $1,500 per contract. For a three year contract, the administrative fee will be charged at a rate of $125 per quarter. These costs are computed in accordance with Sections 8752 and 8752.1 of the State Administrative Manual; and • $2.00 per SSN for each LE 1095(i) Locator Report requested. c. The FCDA shall be charged for the total number of products requested. Each Social Security Number (SSN) submitted will generate 1 LE 1095(i) Locator Report. d. The maximum amount of this Agreement has been computed based on an estimated 25 SSNs per quarter, as follows: EDD ABSTRACT FORMULA COST LE 1095(i) Locator report 25 x 2.00 x 12Q $600.00 Administrative Fees $1,500.00 SFT Account Fee 16.00 x 12 Months x 3 yrs $576.00 Total for 3-year contract $2,676.00 e. The EDD invoices will reference the EDD Agreement No. M9109741 and the EDD Customer Code: E00561; and shall be submitted for payment to: Fresno County District Attorney’s Office Business Office 2220 Tulare Street Fresno, CA 93721 (559) 600-4455 f. The FCDA payment must reference the EDD Invoice Number, the EDD Agreement No. M9109741, and the EDD Customer Code: E00561; and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 EDD Agreement No. M9109741 EDD/FCDA Customer Code: E00561 Page 2 of 2 EXHIBIT B (Standard Agreement) g.Payment will be made in accordance with, and within the time specified in, Title 1, Division 3.6, Part 3, Chapter 4.5 of the Government Code. h.Nothing herein contained shall preclude advance payments, pursuant to Article 1, Chapter 3, Part 1, Division 3, Title 2 of the Government Code of the State of California. EDD Agreement No. M9109741 EDD/FCDA Customer Codes: E00561 Page 1 of 3 EXHIBIT D (Standard Agreement) Confidentiality Requirements STD. [Rev 03/08/2016] PROTECTION OF CONFIDENTIALITY Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD’s confidential information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. FCDA must therefore, agree to the following security and confidentiality requirements: I. ADMINISTRATIVE SAFEGUARDS a.Adopt policies and procedures to ensure use of the EDD’s confidential information solely for purposes specifically authorized under this Agreement that meet the requirements of Title 20, Code of Federal Regulations §603.10. b.Warrant by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee. In the event of a breach or violation of this warranty, the EDD shall have the right to annul this Agreement without liability, in addition to other remedies provided by law. c.Warrant and certify that in the performance of this Agreement FCDA will comply with all applicable statutes, rules and/or regulations, and Agreement information security requirements, including but not limited to the following: •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) d.Except for state agencies, agree to indemnify the EDD against any loss, cost, damage, or liability resulting from violations of these applicable statutes, rules and/or regulations, and Agreement information security requirements. e. Protect the EDD’s information against unauthorized access, at all times, in all forms of media. Access and use the information obtained under this Agreement only to the extent necessary to assist in the valid administrative needs of the program receiving such information, and only for the purposes defined in this Agreement. f.Keep all the EDD’s confidential information completely confidential. Make this information available to authorized personnel on a "need-to-know" basis and only for the purposes authorized under this Agreement. “Need-to-know” refers to those authorized personnel who need information to perform their official duties in connection with the use of the information authorized by this Agreement. EDD Agreement No. M9109741 EDD/FCDA Customer Codes: E00561 Page 2 of 3 EXHIBIT D (Standard Agreement) Confidentiality Requirements STD. [Rev 03/08/2016] g.Notify the EDD Information Security Office (ISO) at (916) 654-6231, immediately upon discovery, that there may have been a breach in security which has or may have resulted in compromise to the confidential information. For purposes of this section, immediately is defined within 24 hours of discovery of the breach. The notification shall be by phone and email. It is not sufficient to simply leave a message. The notification must include a detailed description of the incident (such as time, date, location, and circumstances) and identify responsible personnel (name, title and contact information). The verbal notification shall be followed with an email notification to <InformationSecurityOffice@edd.ca.gov>. II.MANAGEMENT SAFEGUARDS a.Acknowledge that the confidential information obtained by FCDA under this Agreement remains the property of the EDD. b.Instruct all personnel assigned to work with the information provided under this Agreement regarding the following: •Confidential nature of the EDD information. •Requirements of this Agreement. •Sanctions specified in federal and state unemployment compensation laws and any other relevant statutes against unauthorized disclosure of confidential information provided by the EDD. c.Require that all personnel assigned to work with the information provided by the EDD complete the EDD Confidentiality Agreement (Attachment D1): d.Return the following completed documents to the EDD Contract Services Group: o The EDD Indemnity Agreement (Attachment D2): Required to be completed by the FCDA Chief Financial Officer or authorized Management Representative, unless FCDA is a State Agency. o The EDD Statement of Responsibility Information Security Certification (Attachment D3): Required to be completed by the Information Security Officer or authorized Management Representative. e.Permit the EDD to make on-site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD staff, on request and during on-site reviews, copies of the EDD Confidentiality Agreement (Attachment D1) completed by personnel assigned to work with the EDD’s confidential information, and hereby made a part of this Agreement. f.Maintain a system of records sufficient to allow an audit of compliance with the requirements under subsection (d) of this part. Permit the EDD to make on-site inspections to ensure that the requirements of federal and state privacy, confidentiality and unemployment compensation statutes and regulations are being met including but not limited to Social Security Act §1137(a)(5)(B). III.USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS a.Use the EDD’s confidential information only for purposes specifically authorized under this Agreement. The information is not admissible as evidence in any action or special proceeding except as provided under §1094(b) of the California Unemployment Insurance Code (CUIC). Section 1095(u) of the CUIC does not authorize the use of the EDD’s confidential information by any private collection agency. b.Extraction or use of the EDD information for any purpose outside the purposes stated in this Agreement is strictly prohibited. The information obtained under this Agreement shall not be reproduced, published, sold, or released in original or any other form not specifically authorized under this Agreement. EDD Agreement No. M9109741 EDD/FCDA Customer Codes: E00561 Page 3 of 3 EXHIBIT D (Standard Agreement) Confidentiality Requirements STD. [Rev 03/08/2016] c.Disclosure of any of the EDD information to any person or entity not specifically authorized in this Agreement is strictly prohibited. Personnel assigned to work with the EDD’s confidential information shall not reveal or divulge to any person or entity any of the confidential information provided under this Agreement except as authorized or required by law. IV.PHYSICAL SAFEGUARDS a.Take precautions to ensure that only authorized personnel are given access to physical, electronic, and on-line files. Store electronic and hard copy information in a place physically secure from access by unauthorized persons. Process and store information in electronic format, such as magnetic tapes or discs, in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means. b.Secure and maintain any computer systems (network, hardware, and software applications) that will be used in the performance of this Agreement. This includes ensuring that all security patches, upgrades, and anti-virus updates are applied as appropriate to secure data that may be used, transmitted, or stored on such systems in the performance of this Agreement. c.Store all the EDD’s confidential documents in a physically secure manner at all times to prevent unauthorized access. d. Store the EDD’s confidential electronic records in a secure central computer facility. Where in-use on a shared computer system or any shared data storage system, ensure appropriate information security protections are in place. FCDA shall ensure that appropriate security access controls, storage protections and use restrictions are in place to keep the confidential information in the strictest confidence and shall make the information available to its own personnel on a "need-to-know” basis only. e. Store the EDD’s confidential data in encrypted format when recorded on removable electronic storage media, or on mobile computing devices, such as a laptop computer. f.Maintain an audit trail and record data access of authorized users and authorization level of access granted to the EDD’s data, based on job function. g.Direct all personnel permitted to use the EDD’s data to avoid leaving the data displayed on their computer screens where unauthorized users may view it. Personnel should retrieve computer printouts as soon as they are generated so that the EDD’s data is not left unattended in printers where unauthorized personnel may access them. h.Dispose of confidential information obtained from the EDD, and any copies thereof made by FCDA, after the purpose for which the confidential information is disclosed is served. Disposal means return of the confidential information to the EDD or destruction of the information utilizing an approved method of confidential destruction, which includes electronic deletion (following Department of Defense specifications) shredding, burning, or certified or witnessed destruction.