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Home My WebLink AboutAgreement A-21-210 with EDD.pdfSCO ID: Agreement No . 21-210 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES ,--------------..----------------, ST ANDAR D AGREEMENT STD 2 1 3 (Re v. 04/2020) AGREEMENT NUMBER 0000000228 PURCHASING AUTHORITY NUMBER (If Applicable ) EDD-7100 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Employment Development Department CONTRACTOR NAME Fresno County District Attorney's Office 2 . The term of this Agreement is : START DATE July 1, 2021 or upon final approval THROUGH END DATE June 30, 2024 3. The maximum amount of this Agreement is: $2,676.00 Two Thousand Six Hundred Seventy-Six Dollars and Zero Cents 4 . The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 2 Attachment Specifications 4 A-1 Exhibit B Budget Detail and Payment Provisions 2 + -Exhibit C * General Terms and Conditions GTC 04/2017 - + -Exhibit D Protection of Confidentiality 3 - + Attachment -D-1 Confidentiality Agreement 1 - + Attachment -D-2 Indemnity Agreeement 1 - + Attachment -D-3 Statement of Responsibility 1 - Items shown with an asterisk(*), are hereb' inco~ orated b reterence and made art of this a reement as it attached hereto. y p y p g These documents can be viewed at https://www.dqs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO . CON TRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation , partnersh ip, etc.) Fresno County District Attorney's Office CONTRACTOR BUSINESS ADDRESS 2100 Tulare Street PRINTED NAME OF PERSON SIGNING Steve Brandau ATTEST: BERNICE E . SEI DEL Clerk of the Boa rd of Supervis ors Count~ of Fresn o, State of Ca lifornia By ~~ CITY Fresno TITLE Chairman, Board of Supervisors DATE SIGNED STATE ZIP CA 93721 Page 1 of 2 Rebecca Martin Digitally signed by Rebecca Martin Date: 2021.06.29 10:46:07 -07'00' EDD Agreement No. 00000000228 EDD/FCDA Customer Codes: 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 section 1095(i) of the Unemployment Insurance Code (UIC). The FCDA shall request and use the specified information in accordance with section 1095(i) of the UIC and section 830.1 of the California Penal Code. III. Agreement Representatives 1. The EDD’s contact persons are: AGREEMENT 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 Sen Vue or Designee Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 654-9210 E-mail: Sen.Vue@edd.ca.gov EDD Agreement No. 00000000228 EDD/FCDA Customer Codes: 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 2100 Tulare Street Fresno, CA 93721 Phone: (559) 600-4464 E-mail: rfalcon@fresnocountyca.gov FISCAL MATTERS Fresno County District Attorney’s Office Business Office 2100 Tulare Street Fresno, CA 93721 Phone: (559) 600-4447 CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS Data Security and Integrity: Colin Spence Internal distribution of the EDD products: Charles Almaraz 3. Either party may make changes to the Agreement Representatives information above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement. EDD Agreement No. 0000000228 EDD/FCDA Customer Code: E00561 Page 1 of 4 ATTACHMENT A-1 (Standard Agreement) SPECIFICATIONS I. METHODOLOGY: DEPARTMENT OF TECHNOLOGY SERVICES SECURE FILE TRANSFER 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 Department of Technology Services (CDT) 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 (SSNs) 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. II. 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 CDT SFT system. b. Assign copies of the CDT 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: LE 1095(i) Locator Report: 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 21st 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. 0000000228 EDD/FCDA Customer Code: E00561 Page 2 of 4 ATTACHMENT A-1 (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 CDT SFT system. c. Follow the following SFT Password Policy syntactical requirements: • The password must contain at least 15 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 one million (1,000,000) SSNs on any daily cycle. Requests exceeding one million (1,000,000) SSNs will process the first one million (1,000,000) SSNs only. SSNs in excess of one million (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 UIC 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. 0000000228 EDD/FCDA Customer Code: E00561 Page 3 of 4 ATTACHMENT A-1 (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 sections 1094 and 2111 of the UIC, section 1798.55 of the California Civil Code, and section 502 of the California Penal Code. n. Ensure that all FCDA staff assigned to work with the information provided by the EDD have signed the EDD Confidentiality Statement (Attachment D-1). o. Comply with section 603.9, Title 20 of the Code of Federal Regulations Section with respect to any of the EDD confidential information. p. Use the information provided by the EDD only as specifically authorized under this Agreement. Section 1095(u) of the UIC prohibits a private collection agency from using any EDD information the FCDA obtains under this Agreement. Therefore, nothing in this Agreement 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 Agreement. 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: Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. EDD Agreement No. 0000000228 EDD/FCDA Customer Code: E00561 Page 4 of 4 ATTACHMENT A-1 (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. 0000000228 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 Zero 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 an Agreement, which averages $1,500 per Agreement. For a three year Agreement, 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 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 (billing will be at actual value based on volume), 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. 0000000228, and the EDD Customer Code: E00561; and shall be submitted for payment to: Fresno County District Attorney's Office Business Office 2100 Tulare Street Fresno, CA 93721 (559) 600-4447 f. The FCDA payment must reference the EDD Invoice Number, the EDD Agreement No. 0000000228, 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. 0000000228 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. 0000000228 EDD/FCDA Customer Code: E00561 Page 1 of 3 EXHIBIT D (Standard Agreement) Confidentiality Requirements (Spec Rev 030321] PROTECTION OF CONFIDENTIALITY Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) and the FCDA information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD’s and the FCDA’s confidential information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. Both, the EDD and the 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 and the FCDA’s confidential information solely for purposes specifically authorized under this Agreement that meet the requirements of section §603.10, Title 20 of the Code of Federal Regulations. 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, the EDD and the 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.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 that meet section 5305.8 of the State Administrative Manual. e. Protect the EDD’s and the FCDA’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 and the FCDA’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. 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 EDD Agreement No. 0000000228 EDD/FCDA Customer Code: E00561 Page 2 of 3 EXHIBIT D (Standard Agreement) Confidentiality Requirements (Spec Rev 030321] 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 the EDD and the FCDA under this Agreement remains the property of the original owner, the EDD and the FCDA respectively. b.Instruct all personnel assigned to work with the information provided under this Agreement regarding the following: •Confidential nature of the EDD and the FCDA information. •Requirements of this Agreement. •Sanctions specified in federal and state unemployment compensation laws, section §10850 of the Welfare and Institutions Code (WIC), and any other relevant statutes against unauthorized disclosure of confidential information provided by the EDD and the FCDA. c.Require that all personnel assigned to work with the information provided by the EDD and the FCDA complete the EDD Confidentiality Agreement (Attachment D-1). d.Return the following completed documents to the EDD Contract Services Group: o EDD Indemnity Agreement (Attachment D-2): Required to be completed by the FCDA Chief Financial Officer or authorized Management Representative. o EDD Statement of Responsibility Information Security Certification (Attachment D-3): Required to be completed by the Information Security Officer or authorized Management Representative. e.Permit the EDD and the FCDA to make on-site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD and the FCDA staff, on request and during on-site reviews, copies of the EDD Confidentiality Agreement (Attachment D-1) completed by personnel assigned to work with the EDD’s and the FCDA’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 (e) of this part. Permit the EDD and the FCDA 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 §1137(a)(5)(B) of the Social Security Act. III.USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS a.Use the EDD’s and the FCDA’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 section 1094(b) of the UIC. Section §1095(u) of the UIC does not authorize the use of the EDD’s confidential information by any private collection agency. b.Extraction or use of the EDD and the FCDA 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. c.Disclosure of any of the EDD and the FCDA information to any person or entity not specifically authorized in this Agreement is strictly prohibited. Personnel assigned to work with the EDD’s and the EDD Agreement No. 0000000228 EDD/FCDA Customer Code: E00561 Page 3 of 3 EXHIBIT D (Standard Agreement) Confidentiality Requirements (Spec Rev 030321] FCDA’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 and the FCDA’s confidential documents in a physically secure manner at all times to prevent unauthorized access. d. Store the EDD’s and the FCDA’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. The EDD and the 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 and the FCDA’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 and the FCDA’s data, based on job function. g.Direct all personnel permitted to use the EDD’s and the FCDA’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 and the FCDA’s data is not left unattended in printers where unauthorized personnel may access them. h.Dispose of confidential information obtained from the EDD and the FCDA, and any copies thereof made by the EDD and/or the FCDA, after the purpose for which the confidential information is disclosed is served. Disposal means return of the confidential information to the EDD and the FCDA 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. Employment Development rtment California EDD Agreement No. 0000000228 EDD/FCDA EDD Customer Code No. E00561 ATTACHMENT D-1 Pa e 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT CONFIDENTIALITY AGREEMENT Information resources maintained by the State of California Employment Development Department {EDD) and provided to your agency may be confidential or sensitive. Confidential and sensitive information are not open to the public and require special precautions to protect it from wrongful access, use, disclosure, modification, and destruction. The EDD strictly enforces information security. If you violate these provisions, you may be subject to administrative, civil, and/or criminal action. Colin Spence an employee of Fresno County District Attorney's Office PRINT YOUR NAME PRINT YOUR EIA'LOYER'S NAME hereby acknowledge that the confidential and/or sensitive records of the Employment Development Department are subject to strict confidentiality requirements imposed by state and federal law include the Unemployment Insurance Code (UIC) §§1094 and 2111, the California Civil Code (CC) §1798 1 se.q., the California Penal Code {PC) §502, Title 5, USC §552a, Code of Federal Regulations, Title 20 part 603, and Title 18 USC §1905. ~ Acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security INITIAL requirements, policies, and administrative processes of my organization and of the EDD. 4 Acknowledge responsibility for knowing the classification of the EDD information I work with and agree to refer questions about the classification INITIAL of the EDD information (public, sensitive, confidential) to the person the Contract assigns responsibility for the security and confidentiality of the EDD's data. a Acknowledge responsibility for knowing the privacy, confidentiality, and data security laws that apply to the EDD information I have been granted ;10AL access to by my employer, including UIC §§1094 and 2111, California Government Code§ 15619, CC§ 1798.53, and PC§ 502. LLfJ::..._ Acknowledge that wrongful access, use, modification, or disclosure of confidential information may be punishable as a crime and/or result in INITIAL disciplinary and/or civil action taken against me-including but not limited to: reprimand, suspension without pay, salary reduction, demotion, or dismissal-and/or fines and penalties resulting from criminal prosecution or civil lawsuits, and/or termination of contract. 4 Acknowledge that wrongful access, inspection, use, or disclosure of confidential information for personal gain, curiosity, or any non-business / O related reason is a crime under state and federal laws. ~ Acknowledge that wrongful access, use, modification, or disclosure of confidential information is grounds for immediate termination of my INITIAL organization's Contract with the EDD. c.-.£ Agree to protect the following types of the EDD confidential and sensitive information: INITIAi. • Wage Information • Applicant Information • Employer Information • Proprietary Information • Claimant Information • Operational Information {manuals, guidelines, procedures) • Tax Payer Information 4_ Hereby agree to protect the EDD's information on either paper or electronic form by: INITIAL • Accessing or using the EDD supplied information only as specified in the Contract for the performance of the specific work I am assigned. • Never accessing information for curiosity or personal reasons. • Never showing or discussing sensitive or confidential information to or with anyone who does not have the need to know. • Placing sensitive or confidential information only in approved locations. • Never removing sensitive or confidential information from the work site without authorization. • Following encryption requirements for all personal, sensitive, or confidential information in any portable device or media. "I certify that I have read and initialed the confidentiality statements printed above and will abide by them." Spence, Colin Print Full Name (last. first, Ml) Fresno County District Attorney's Office Print Name of Requesting Agency Attachement D-1 [Rev 110620] u~~ ' • .. •· < ·.· .· .... ·.·· .. ·•• . Dat~ ~i~ned · Ch~k:tJleappropdate box: D Student D Volunteer Explain ~ E m plo y ment EDD Devel o pment .:::::s;:: = Depa r tment State of California EDD Agreement No. 0000000228 EDD/FCDA EDD C ustomer Code No . E00561 ATTACHMENT D-2 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT In consideration of access to the EDD information which is personal , sensitive , or confidential, Fresno County District Attorney's Office (Enter Reques ti ng Agen cy/Ent ity Name ) agrees to indemnify the EDD against any and all liability costs , damages , attorney fees , and other expenses the EDD may incur by reason of or as a result of any unauthorized use of the personal , sensitive , or confidential information or any violat ion of the "Confident iality Agreement" by any and all employees of: Fresno County District Attorney's Office (En ter Reques ti ng Agen cy/Ent ity Name ) This obligation shall be continuous and may not be changed or modified unless agreed to in writing. In addition , I understand that the following penalties may be incurred for any such misuse of the EDD Information: 1. Any individual who has access to returns , reports , or documents maintained by the EDD who fails to protect the confidential information from being published or open to the public may be punished by imprisonment in the county jail for up to one year or a fine of $20 ,000.00 or both . (Unemployment Insurance Code§§ 2111 and 2122 ). 2. Any person who intent ionally discloses information , not otherwise public , which they knew or should have known was obtained from personal information maintained by a state agency , shall be subject to civ il action for invas ion of pr ivacy by the individual to whom the information pertains. (California Civil Code § 1798.53). 3. Any unauthorized access to the EDD computer data , computer systems , or unauthorized use of the EDD data is punishable by a fine or impr isonment in the county jail or both. (California Penal Code §502). I certify that I have read, understand, and agree with the above terms. SIGNED BY REQUESTING ENTITY REPRESENTATIVE Steve Brandau Prin t Full Na me Chairman, Board of Superv isors Pri nt Tit le Fresno County District Attorney 's Office Pr int Name of Reques ti ng Enti ty ATTEST: BERNICE E . SEIDEL Clerk of the Board of Supervisors Attachment D-2 [Rev 072017] Count f Fre ~no , tale of California Ente r Name Govern men tal Sponso r/En tity EDD Agreement No. 0000000228 EDD/FCDA EDD Customer Code No. E00561 ATTACHMENT D-2 Page 1 of 1 Attachment D-2 [Rev 072017] EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT In consideration of access to the EDD information which is personal, sensitive, or confidential, Fresno County District Attorney’s Office (Enter Requesting Agency/Entity Name) agrees to indemnify the EDD against any and all liability costs, damages, attorney fees, and other expenses the EDD may incur by reason of or as a result of any unauthorized use of the personal, sensitive, or confidential information or any violation of the “Confidentiality Agreement” by any and all employees of: Fresno County District Attorney’s Office (Enter Requesting Agency/Entity Name) This obligation shall be continuous and may not be changed or modified unless agreed to in writing. In addition, I understand that the following penalties may be incurred for any such misuse of the EDD Information: 1.Any individual who has access to returns, reports, or documents maintained by the EDD who fails to protect the confidential information from being published or open to the public may be punished by imprisonment in the county jail for up to one year or a fine of $20,000.00 or both. (Unemployment Insurance Code §§ 2111 and 2122). 2.Any person who intentionally discloses information, not otherwise public, which they knew or should have known was obtained from personal information maintained by a state agency, shall be subject to civil action for invasion of privacy by the individual to whom the information pertains. (California Civil Code §1798.53). 3.Any unauthorized access to the EDD computer data, computer systems, or unauthorized use of the EDD data is punishable by a fine or imprisonment in the county jail or both. (California Penal Code §502). I certify that I have read, understand, and agree with the above terms. SIGNED BY REQUESTING ENTITY REPRESENTATIVE Steve Brandau Print Full Name Signature Chairman, Board of Supervisors Print Title Date Signed Fresno County District Attorney's Office Print Name of Requesting Entity Enter Name Governmental Sponsor/Entity EDD Agreement No. 0000000228 EDD/FCDA EDD Customer Code No. E00561 ATTACHMENT D-3 Pa e 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT STATEMENT OF RESPONSIBILITY INFORMATION SECURITY CERTIFICATION We, the Supervising District Attorney Investigator and Senior District Attorney Investigator hereby certify that Fresno County District Attorney's Office has in place the safeguards and security requirements stated in this Agreement meet the requirements of sections 13400 -13407 of the California Government Code and sections 603.9 and 603.10 of Title 20 of the Code of Federal Regulations. The Fresno County District Attorney's Office therefore accepts responsibility for ensuring compliance with these requirements, as s.et forth in Exhibit "D" of the EDD Agreement No. 0000000228. � ., A � � . �� ·� ', SIGNURE --=�-- Colin Spence PRINT NAME Supervising District Attorney Investigator PRINT TITLE (559)600-4372 TELEPHONE NUMBER cspence@fresnocountyca.gov E-MAIL ADDRESS S /2/2.o;;i., I DATE SIGNED PRINT NAME Senior District Attorney Investigator PRINT TITLE (559)600-4389 TELEPHONE NUMBER calmaraz@fresnocountyca.gov E-MAIL ADDRESSoee Io 1 ) 2, DATE SIGNED NOTE: Return this Information Security Ce,tification to the EDD Contract Manager with the signed copies of the Contract. 1.Information Security Certification received by: EDD CONTRACT MANAGER NAME 2.The EDD information asset access approved by: CONTRACT MANAGER OR DISCLOSURE COORDINATOR DATE RECEIVED DATE APPROVED (AFF, EMAIL, ETC.) NOTE: The EDD must have a signed "Information Security Ce,tification" in its possession prior to disclosure of any personal, confidential, or sensitive information to the Fresno County District Attorney's Office. Attachement D-3 [Rev 112320] g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Employment Development Department (EDD) District Attorney, County of Fresno FOR ACCOUNTING USE ONLY: FUND: 0001 ORG: 28620100 ACCOUNT: 7295 SUBCLASS: 10000 PROGRAM: 0