HomeMy WebLinkAboutAgreement A-22-334.pdf Agreement No. 22-334
SCO 1D:
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev.04/2020) 0000000345
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Employment Development Department
CONTRACTOR NAME
County of Fresno
2.The term of this Agreement Is:
START DATE
September 1,2022 or upon final approval
THROUGH END DATE
June 30,2025
3.The maximum amount of this Agreement is:
$5,104.00 (Five Thousand One Hundred Four 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 Special Terms and Conditions 1
Exhibit E Protection of Confidentiality 3
+ Attachment Confidentiality Agreement 1
E-1
# Attachment Indemnity Agreement 1
E-2
Attachment Statement of Responsibility 1
E-3
Items shown with an asterisk •),are hueby Incorporated byreference an ma a part o t is agreement as If attachedhereto.
These documents can be viewed athh YAoyww.dos.ca.aov/OLS/Bemu=
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME Of other than an individual,state whether a corporation,partnership,etc)
County of Fresno
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2281 Tulare St,3rd Floor Fresno CA 93721
PRINTED NAME OF PERSON SIGNING TITLE
Brian Pacheco Chairman,Board of Supervisors
CONTRACTO UTH RIZED SIGNATURE DATE SIGNED
��,,�... -q-aoaa
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of California
By Page 1 of 2
Deputy
SCO ID;
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENTNUMeER PURCHASING AUTHORITY NUMBER OfAppllcab[e)
STD 213(Rev.0412020) 0000000345
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Employment Development Department
CONTRACTING AGENCY ADDRESS CITY STATE [11
722 Capitol Mall,MIC 62-C Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TTTLE
Sheri L.Collins Manager,Contract Services Group
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
/_ 8/12/2022
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
DGS Exemption Letter 54.6
Page 2 of 2
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
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 County of Fresno Auditor-Controller/Treasurer-Tax Collector, hereinafter
referred to as the County of Fresno. 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 Wage and Claim, Employer Address, Client Address,
Unemployment Insurance (Ui) Claim History, and Disability Insurance (DI) Claim History information to
the County of Fresno. The County of Fresno agrees to use the confidential information provided by the
EDD for the purpose of assisting in the collection of money owed to the county or the state by any
person who has been directed by state mandate or court order to pay restitution, fines, penalties,
assessments, or fees as a result of violation of law.
II. Legal Authority
The EDD shall make this information available to the County of Fresno pursuant to California
Unemployment Insurance Code (UIC) 1095(n)(1).
The County of Fresno shall request and use the specified information in accordance with Section
1463.007 of the California Penal Code and Section 1095(n)(1) of the CUIC.
III. Agreement Representatives
1. The EDD's contact persons are:
AGREEMENT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE
Christopher Arillo or Designee
Employment Development Department
Information Security Office, MIC 33
P.O. Box 826880
Sacramento, CA 94280-0001
Phone: (916) 907-4643
E-mail: Christopher.Arillo(d,)edd.ca.gov
cc: ISOPrivacvDisclosureUnit(a)edd.ca.gov
FISCAL
Employment Development Department
Accounts Receivable Unit, MIC 70
P.O. Box 826217
Sacramento, CA 94230-6217
Phone: (916) 654-9440
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 2 of 2
EXHIBIT A
(Standard Agreement)
2. The County of Fresno contact persons are:
AGREEMENT NEGOTIATIONS, ADMINISTRATION, AND FISCAL MATTERS
Megan Marks, Deputy Treasurer-Tax Collector
County of Fresno, Auditor-Controller/Treasurer-Tax Collector
2281 Tulare St. Rm #105
Fresno, CA 93721
Phone: (559) 600-1643
FAX: (559) 600-1451
E-mail: mmarksc@fresnocountyca.gov
CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS
Data Security and Integrity: Robert Bash
Internal distribution of the EDD products: Edwin Blunt
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.
a
EDD Agreement No_ 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 1 of 4
ATTACHMENT A-1
(Standard Agreement)
SPECIFICATIONS
I. METHODOLOGY: CALIFORNIA DEPARTMENT OF TECHNOLOGY SERVICES SECURE
ELECTRONIC TRANSMITTAL SERVICE
1. The County of Fresno submits a request for wage, employer, or claim files under Customer Code
E00314 following the EDD specifications through the Secure Electronic Transmittal service hosted
by the California Department of Technology Services (CDT) for those individuals who has been
directed by state mandate or court order to pay restitution, fines, penalties, assessments, or fees as
a result of violation of law.
2. The EDD retrieves and processes the Social Security Numbers (SSNs) submitted by the County of
Fresno.
3. On matching records the EDD produces the data files authorized under this agreement under
Customer Code E00314 and submits the data files to the attention of the County of Fresno through
the secure electronic transmittal system.
4. The County of Fresno retrieves the output data files from the secure electronic transmittal system
within twenty (20) days of transfer.
5. On a quarterly basis the EDD invoices the County of Fresno for all SSN transactions submitted and
the cost of the secure electronic transmittal account.
II. RESPONSIBILITIES
1. The EDD agrees to:
a. Set up a Basic User Account and password under Customer Code E00314 for the County of
Fresno to access the CDT secure electronic transmittal system.
b. Provide the EDD Abstract System Customer Instruction Packet to the County of Fresno to
assist the County of Fresno in the implementation of the secure electronic transmittal
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:
Christopher.Arillo@edd.ca.gov
cc: ISOPrivacyDisclosureUnit@edd.ca.gov
d. Retrieve the County of Fresno input file from the secure electronic transmittal temporary file
storage repository on a daily basis and run the input file against the EDD databases.
e. Provide the County of Fresno the following Abstract data files for those individuals whose
submitted SSN match the EDD records:
(1) Wage and Claim Abstract (DE 507)
(2) Employer Address (DE 4989)
(3) Client Address
(4) Unemployment Insurance (UI) Claim History (Up to 2 years old)
(5) Disability Insurance (DI) Claim History (Up to 2 years old)
SAFE Attachment A-t(Rev 12-21)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 2 of 4
ATTACHMENT A-1
(Standard Agreement)
f. Transfer the response data file to the County of Fresno, through the secure electronic transmittal
system under the output Data Set Name (DSN):
Wages: em_abs_abs220_curwage_abs00314
Employer Address: em_abs_abs260_empladr_abs00314
Current U1/DI Claim: em abs abs200 abstrac abs00314
g. Retain the output data file for a period of twenty (20) calendar days in the secure electronic
transmittal temporary file repository. On the 21s'day, the data file is automatically deleted.
h. Invoice the County of Fresno on a quarterly basis for all SSN transactions submitted and secure
electronic transmittal account cost.
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 County of Fresno 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 E00314 for the County of Fresno to access the CDT secure electronic transmittal system.
c. Follow the following secure electronic transmittal 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:
Christopher.Arillo@edd.ca.gov
cc: ISOPrivacyDisclosureUnit@edd.ca.gov
e. Create the request for EDD data, following the EDD specifications, for those individuals who
owe money and has been directed by state mandate or court order to pay restitution, fines,
penalties, assessments, or fees as a result of violation of law.
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 County of Fresno will need to resubmit in a future cycle.
g. Upload the request file into the secure electronic transmittal temporary file storage repository,
on an as needed basis, under the input DSN:
em_abs_abs010_absreq_abs00314
h. Retrieve the response data file from the secure electronic transmittal temporary file storage
repository within twenty (20) calendar days from submission. On the 215t day, the data file is
automatically deleted.
SAFE Attachment A-1(Rev 12-21)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 3 of 4
ATTACHMENT A-1
(Standard Agreement)
i. Delete the retrieved response data file from the secure electronic transmittal temporary file
storage repository before submitting a new request.
j. Use the EDD information to assist in the collection of money owed by individuals as directed by
the state mandate or court order to pay restitution, fines, penalties, assessments, or fees as a
result of violation of law.
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.
I. Oversee the County of Fresno staff in their use of confidential information received from the
EDD.
m. Instruct all the County of Fresno 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 E— 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 the County of Fresno staff assigned to work with the information provided by
the EDD have signed the EDD Confidentiality Statement (Attachment E-1. Rev. 11-2021).
o. Comply with section 603.9, Title 20 of the Code of Federal Regulations (CFR)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 County of Fresno 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 E,
Section II, paragraphs (e) and (f).
t. Pursuant to 20 C.F.R., Part 603.10(c)(1), if the County of Fresno 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 County of Fresno 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.
SAFE Attachment A 1(Rev 12-21)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 4 of 4
ATTACHMENT A-1
(Standard 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 County of Fresno 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.
Ill. 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.
SAFE Attachment A-1(Rev 12-21)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: F00314
Page 1 of 2
EXHIBIT B
(Standard Agreement)
I. BUDGET DETAILS AND PAYMENT PROVISIONS
a. The maximum amount of this Agreement shall not exceed Five Thousand One Hundred Four
Dollars and Zero Cents ($5,104.00).
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 County of Fresno shall
reimburse EDD the total amount due, based on the following product rate structure:
Requested Products Rate Structure
The rate structure consists of.
• $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 Agreement. Your Agreement will be charged the
administrative cost divided by the number of quarters of the actual term of the contract to total
$1,500. These costs are computed in accordance with Sections 8752 and 8752.1 of the State
Administrative Manual; and
• The applicable per product charge. The following rate chart will apply for the SIFT Abstract
Process:
__._......................__....-- .....................-.._...._._-..— ...............................
...._ _------...__..__........__..
i If the cumulative i Then the cost for i Then the cost for
number of Current Data and Archive UI/DI Data
requested products ? Archive Wac iesper per requested`
i
per quarter is: requested product shall product shall be:
be:
1 -250....... ._ _. _ _.. ._.....$..501 D1- ----..._..._.1.........._.......$1.00202..._.........
251 -2,000 0.12621 0.25242
I
2,001 - 10,000 0.02163 ? 0.04326
_- ... _............._..........._...._..._ __........_..................._..........._...._-.-........... -..._....__......._...._..........._.
€..__.....10,001 -250,000 -;— 0.00510 0.0102
_ �.......... - -- ----•.......................
250,001 - 1 Million 0.00146 0.00146
_...__.._.......__-...�1___.-_.___..._...._.__..__ i......___... _ __..__..........._.
More than 1 Million 0.00121 0.00121
c. The County of Fresno shall be charged for the total number of products requested. Each SSN
submitted may generate 1 to 5 products, depending on the types of Abstract System reports
requested.
Exhibit B(Rev 03-2022)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 2 of 2
EXHIBIT B
(Standard Agreement)
d. The maximum amount of this Agreement has been computed based on an estimated 10,000
SSNs per quarter (billing will be at value based on actual volume), as follows:
EDD ABSTRACT FORMULA COST
Wage and Claim Abstract DE 507 1 product 10,000 x .00510 x 12Q $612.00
Employer Address DE 4989 1 product 10,000 x .00510 x 12Q $612.00
Client Address 1 product 10,000 x .00510 x 12Q $612.00
UI Claim History- Current 1 product 10,000 x .00510 x 12Q $612.00
DI Claim History- Current 1product 10,000 x .00510 x 12Q $612.00
Administrative Fees $1,500.00
SFT Account Fee $16.00 x 34 Months $544.00
Total for contract $5,104.00
e. The EDD invoices will reference the EDD Agreement No. 0000000345 and the EDD Customer
Code: E00314: and shall be submitted for payment to:
Megan Marks, Deputy Treasurer-Tax Collector
County of Fresno Auditor-ControIIer/Treasurer-Tax Collector
2281 Tulare St, Rm 105
Fresno, CA 93721
f. The County of Fresno payment must reference EDD Invoice Number, EDD Agreement No.
0000000345, and the EDD Customer Code: E00314; and be submitted to:
Employment Development Department
Accounting Section, MIC 70
P.O. Box 826217
Sacramento, CA 94230-6217
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.
Exhibit B(Rev 03-2022)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 1 of 1
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
1. Force Maieure
Neither party shall be liable to the other for any delay in or failure of performance, nor shall
any such delay in or failure of performance constitute default, if such delay or failure is
caused by"Force Majeure." As used in this section, "Force Majeure" is defined as follows:
Acts of war and riots, and acts of god such as earthquakes, floods, pandemics and other
natural disasters, such that performance is impossible.
2. Workforce Innovation and Opportunity Act
The Contractor agrees to conform to nondiscrimination provisions of the Workforce
Innovation and Opportunity Act(WIOA) and other federal nondiscrimination requirements as
referenced in 29 CFR, parts 37 and 38.
3. Termination
This Agreement may be terminated by either party by-giving written notice 30 days' prior to
the effective date of such termination.
4. Settlement of 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.
5. Executive Order N-6-22—Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)
regarding Economic Sanctions against Russia and Russian entities and individuals.
"Economic Sanctions" refers to sanctions imposed by the U.S. government in response to
Russia's actions in Ukraine, as well as any sanctions imposed under state law. By submitting
a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should
the State determine Contractor is a target of Economic Sanctions or is conducting prohibited
transactions with sanctioned individuals or entities that shall be grounds for rejection of the
Contractor's bid/proposal any time prior to contract execution, or, if determined after contract
execution, shall be grounds for termination by the State.
Speciaf Terms and Conditions(Rev 07-2022)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 1 of 3
EXHIBIT E
(Standard Agreement)
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.
The County of Fresno 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 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 County of Fresno 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 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.
Confidentiality Requirements(Rev 11-2021)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 2 of 3
EXHIBIT E
(Standard Agreement)
g. Immediately upon discovery, notify the EDD Information Security Office (ISO) at
InformationSecurityOffice(-edd.ca.gov, that there may have been a breach in security which has or
may have resulted in the disclosure of confidential information. For purposes of this section,
immediately is defined within 24 hours of discovery of the breach.
The notification must include a detailed description of the incident(such as time, date, location, and
circumstances) and identify the County of Fresno personnel responsible (name, title and contact
information) for handling breach disclosures. Please do not include any confidential information in
the notification.
11. MANAGEMENT SAFEGUARDS
a. Acknowledge that the confidential information obtained by the County of Fresno 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 E-1).
d. Return the following completed documents to the EDD Contract Services Group:
o The EDD Indemnity Agreement (Attachment E-2): Required to be completed by the
County of Fresno Chief Financial Officer or authorized Management Representative.
o The EDD Statement of Responsibility Information Security Certification (Attachment E-
3). 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 E-1) 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 (e) 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 §1137(a)(5)(B) of the Social Security Act.
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 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 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.
Confidentiality Requirements(Rev 11-2021)
EDD Agreement No. 0000000345
EDD/County of Fresno
Customer Code: E00314
Page 3 of 3
EXHIBIT E
(Standard Agreement)
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. The County of Fresno 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 the County
of Fresno, 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.
Confidentiality Requirements(Rev 11-2021)
Employment EDD Agreement No. 0000000345
� Development EDD/County of Fresno
. Department EDD Customer Code No. E00314
State of California ATTACHMENT NO. EA
Page 1 of
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.
an employee of County of Fresno
PRINT YOUR NAME PRINT YOUR EMPLOYER'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
et seq.,the California Penal Code(PC)§502,Title 5,USC§552a,Code of Federal Regulations,Title 20 part 603,and Title 18 USC§1905.
INITIAL Acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security
requirements,policies,and administrative processes of my organization and of the EDD.
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.
Acknowledge responsibility for knowing the privacy,oonfidentiality,and data security laws that apply to the EDD information I have been granted
INITIAL access to by my employer,including UIC§§1094 and 2111,California Government Code§15619,CC§1798.53,and PC§502.
Acknowledge that wrongful access,use,modification,or disclosure of confidential information may be punishable as a crime and/or result in
WM disciplinary and/or civil action taken against me-4ncluding 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.
Acknowledge that wrongful access,inspection,use,or disclosure of confidential information for personal gain,curiosity,or any non-business
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.
Agree to protect the following types of the EDD confidential and sensitive information:
INmAL . Wage Information . Applicant Information
• Employer Information . Proprietary Information
• Claimant Information a Operational Information(manuals,guidelines,procedures)
• Tax Payer Information
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,"
Print Full Name(last,first,MI) Signature
County of Fresno
Print Name of Requesting Agency Date Signed
Check_the.appropriate box:_'
❑ Employee Student
❑ Subcontractor ❑ Volunteer
❑Other
Explain
Attachment E-1 (Rev 11-2021)
-oo00 '1 E m p l o y m c n t EDD Agreement No.0000000345
E Development EDD Customer Code No.E00314
iDDDepartment EDD/County of Fresno
State of California ATTACHMENT NO.E-2
Page 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
INDEMNITY AGREEMENT
In consideration of access to the EDD information which Is personal,sensitive,or confidential,
County of Fresno
(Enter Requesting AgencylEntity 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:
County of Fresno
(Enter Requesting AgencylEntdy 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 does
not maintain the confidentiality of the information or publishes or opens the information to public
inspection in any manner 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§1798.63).
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.
SIGNEDBY REQUESTING REPRESENTATIVE
Brian Pacheco
Print Full Name Signature
As Chairman, Board of Supervisors $ —02 a;t- 0--
Print Title Date Signed
Of County of Fresno
Print Name of Requesting Entity Fetter Name Governmental SponsorlEntRy
ATTEST:
Attachment E-2(Rev 02-2022) BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By.
Deputy
Employment EDD Agreement No.0000000345
DD Development EDD/County of Fresno
E01—
Department EDD Customer Code No. E00314
Stag-'of California ATTACHMENT NO. E-3
Page 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
STATEMENT OF RESPONSIBILITY
INFORMATION SECURITY CERTIFICATION
We,the Director of Internal Services/Chief Information Officer and Auditor-Controller/Treasurer-Tax Collector
hereby certify that the County of Fresno 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 County of Fresno therefore accepts
responsibility for ensuring compliance with these requirements,as set forth in Exhibit°E°of the EDD Agreement
No. 0000000345.
for R W B ` .,
SIGNATURE SI �ATUR'
Robert Bash Oscar arcia
PRINT NAME PRINT NAME
Director of Internal Services/Chief Information Officer Auditor-Controller/-Treasurer--Tax Collector
PRINT TITLE PRINT TITLE
(559)600-6200 (559)600-3496
TELEPHONE NUMBER TELEPHONE NUMBER
rbash�?a.fresnocountyca.gov o-qarcia((D-fresnocountyca.gov
E-MAIL ADDRESS E-MAIL ADDRESS
07/29/2022
DATE SIGNED DATE SIGNED
NOTE: Return this Information Security Certification to the EDD Contract Manager with the signed
copies of the Contract.
•R Q D Q S
1. Information Security Certification received by:
EDD CONTRACT MANAGER NAME DATE RECEIVED
2. The EDD information asset access approved by:
CONTRACT MANAGER OR DISCLOSURE COORDINATOR DATE APPROVED(AFF,EMAIL,ETC.)
NOTE: The EDD must have a signed"Information Security Certification"in its possession prior to
disclosure of any personal, confidential, or sensitive information to the County of Fresno.
Attachment E-3(Rev 11-2021)
Here is the accounting string where all payments for the agreement number 0000000345 with EDD will
be made from:
Account Fund Org Subclass.
7295 0001 04101100 10000