HomeMy WebLinkAboutA-22-589 - MOU with CDSS - Signed.pdf Agreement No.22-589
Agreement 21-3093 Exhibit D
CDSS/TALX Corporation Page 1 of 6
MEMORANDUM OF
UNDERSTANDING BETWEEN THE
CALIFORNIA DEPARTMENT OF SOCIAL
SERVICES AND
THE COUNTY OF Fresno
I. PURPOSE
The California Department of Social Services ("CDSS") has established an
income verification program for California counties regarding the California
Work and Responsibility to Kids (CalWORKs) and CalFresh programs. As
part of this program, the CDSS has contracted with TALX Corporation,a
provider of Equifax Verification Services ("EVS" or"Contractor"),for
participating counties to verify consumer-recipient employment, income and
other work-related information. The Agreement between CDSS and
Contractor, CDSS Agreement (hereafter"Agreement"), is attached as Exhibit
1.
This.Memorandum of Understanding (MOU) is entered into bythe CDSS and
the County named above ("County") for the purpose of authorizing County
access to Contractor's on-line The Work NumbeA employment and income
verification service (hereafter"Service"), pursuant to the Agreement, or
subsequent agreements.. This MU authorizes County to retrieve and verify
certain employment and/or income,data of a consumer-recipient applying for or
currently receiving public social service assistance where such information
has been furnished to Contractor by employers. County agrees to comply with
the obligations of the Agreement, including the User Agency Obligations
contained in Attachment 2 of the Department of General Services (DGS)
Employment Verification Services Master Services Agreement (MSA Number
5-22-70-29) (incorporated by reference as Exhibit C of this Agreement), as a
condition of access to the Service.
IL SCOPE OF WORK
The Service may be accessed by County employees to verify a consumer-
recipient's employment status or income for purposes of determining eligibility
for receipt of public aid or assistance, prevention or identification of
overpayments associated with the receipt of public aid or assistance.
Accordingly, the Service permits County the ability to:
A. Search for a.recipient's employment status or income by a recipient's
Social Security Number.
Agreement 21-3093 Exhibit D
CDSS/TALX Corporation Page 2 of 6
B. Register, authenticate, and monitor users and usage, including
producing monthly reports.
C. Identify if a recipient has current, historical, or no employment information
on file.
D. Order and retrieve an employment verification, which shall include the
employer name and employment status; or an income verification which
shall include the employer address, dates of employment, title of position,
pay rate, and year-to-date gross income and pay period details for up to a
three-year period.
E. Through this MOU, CDSS authorizes County to access the Service solely
for the purpose described in this Scope of Work. Counties not entering into
this MOU will not have access to the Service unless they have a separate
independent agreement with the Contractor.
III. 0DI�@1 RZE81F016 8 O C 1 L[a�E 3
A. Pursuant to a third-party beneficiary Agreement between CDSS and
Contractor, CDSS has, on behalf of participating counties, secured access
to the Service for use in the CDSS income verification program.
B. CDSS will not be directly accessing or using the Service but shall have the
right as the pass-through entity to inspect, review, or otherwise monitor all
activities, procedures, records, reports or forms related to the County's
access of the Service in order to ensure compliance with this MOU.
W. COUNTY RESPOVIIBBILI T IES
A. County shall comply with the obligations of the Agreement, including
the requirements of DGS MSA 5-22-70-29, or subsequent
agreements.
B. County shall maintain any and all information/data provided by the Service
in strict confidence, and will not reproduce, disclose, or make accessible in
whole or in part, in any manner whatsoever, to any third party, unless
mandated by law.
C. County represents and warrants it is administering a government funded
benefit or program, has been granted the legal authority to view the
information/data by the consumer or by operation of law, and shall only
request the information/data in compliance with state and federal laws.
County further represents and warrants that it has written authorization from
the Consumer to verify income.
D. County certifies that it will order data from the Service only when it intends to
Agreement 21-3093 Exhibit D
CDSS/TALX Corporation Page 3 of 6
use the data in accordance with the Fair Credit Reporting Act(TCRA") and
all state law FC RA counterparts as though the data is a consumer report, in
connection with a determination of the consumer's eligibility for a license or
other benefit granted by a governmental instrumentality required
by law to consider an applicant's financial responsibility or status, and for no
other purpose.
E. County agrees to only use the data consistent with the obligations of users
of consumer reports as provided for in the Consumer Financial Protection
Bureau ("CFPB") Notice Form attached as Attachment 3 of DGS (VISA 5-
22-70-29.
F. County certifies that it will comply with -applicable provisions under Vermont
law. In particular, County certifies that it will order data relating to Vermont
resident's only after County has received prior Consumer consent in
accordance with VFCRA Section 24803 and applicable Vermont Rules.
County further certifies that it received the copy of VFCRA- Section 2480e
applicable Vermont Rules as referenced in Attachment 4 of DGS MSA 5-
22-70-29.
G. County ceritifies it will establish safeguards to ensure only Authorized Users
can order or have access to the Service. "Authorized User" is defined as a
County employee authorized to order or access the Service in relation to
the performance of their official duties.
H. County shall take all necessary measures to prevent unauthorized ordering
of or access to the Service by any person other than the Authorized User
for permissible purposes. County agrees to monitor County employees'
access of the Service to prohibit employees from using their Positions for a
purpose that is or gives the appearance of being motivated by a desire for
private gain for themselves or others.
1. County shall take all necessary measures to ensure employees do not
access consumer-recipient employment or income information for personal
reasons or benefit. No County employee shall engage in any employment,
activity, or enterprise which is clearly inconsistent, incompatible,
tibie, in conflict
with, or inimical to the guidelines set forth under this MOU or his/her duties
as a County employee,
J. County agrees to indemnify, defend, and save harmless CDSS and
Contractor, and their respective directors, officers, managers, agents, and
employees from any and all claims, actions, demands, damages, liabilities,
obligations, losses, settlements, judgments, fines, penalties, sanctions,
charges, costs and expenses, arising out of, relating to, or in connection
with County's use of the Service and/or the unauthorized disclosure or
dissemination of consumer- recipient information/data by County
employees in the per-formance of this Agreement. County does not
agree to indemnify any other county.
assume the risk on behalf of or agt I.
Agreement 21-3093 Exhibit D
CDSSrALX Corporation Page 4 of 6
l:. County acknowledges that neither Contractor nor its officers, agents or
employees will be liable for loss of profits or for indirect, special, incidental
or consequential damages arising out of or related to the provision of
verifications of employment and/or income, even if that party has been
advised of the possibility of such damages. In no event shall damages of
any kind payable by Contractor exceed the sum paid by CDSS for the
service which causes County's claim. This provision shall survive any
termination or elxpiration of this MOU.
L. County hereby certifies it will employ all necessary measures to maintain
data security and confidentiality when sending, transferring, shipping, or
otherwise disposing of any consumer report:information. In addition to any
requirements of this MOU, County agrees to comply with the data security
provisions of the Agreement, including Attachment 1 of DOS [VISA 5-22-
70-29.
M. County shall ensure that all County employees comply with California
Welfare 8. Institutions Code section 10350 to protect any confidential
information it may receive and possess from the Service from
unauthorized use, access, or disclosure.
M. Unauthorized use, access, or disclosure of confidential information is
considered a breach of security. County shall immediately notify CDSS of
any and all suspected, attempted, or confirmed breach of security by
contacting the CDSS Information Security Officer (ISO) at (916) 651-5553.
O. The use.of the Service includes information that is protected by the B'CRA
and may subject an unauthorized user to possible civil and criminal liability,
punishable by fines and imprisonment.
P. When County ceases to use the Services of Contractor furnished
pursuant to this MOU, it shall notify CDSS that it is no longer receiving
services from Contractor. If County is dissatisfied with the services of
Contractor, it shall provide a letter to CDSS describing its dissatisfaction.
O. Without limitation as to any other applicable rights or remedies, in the event
of a breach of security caused by County employee(s), through the use of
the information/data provided by Contractor, County is responsible for any
and all breach notifications to the consumer, along with associated costs.
R. County may not assign or delegate any of its rights or duties under this IVIOU.
S. County acknowledges that Its access to the Service is subject to audit by
Contractor as described in the Agreement. County agrees to cooperate
with CDSS and Contractor in responding to any such audit.
Agreement 21-3093 Exhibit D
CDSS/TAL)< Corporation Page 5 of 6
T. In accordance with the security obligations of the Attachment 1 of DGS MSA
5- 22-70-29, County shall provide immediate notification, but in no event
later than 3 business days to Contractor at: TALX Corporation, 11432
Lackland Road, St. Louis, MO 63146, Attn: President; email address:
evsconi a_,.�jCJuifaX.com, of any change in address or office location and
are subject to an onsite visit of the new location by Contractor or its
designated representative.
U. For the purposes of the employment and income verification program that is
the subject of this MOU, County is not required -to purchase separate or
additional services from Contractor. CDSS has no expectation that there
will be a separate or continuing arrangement for future services between
County and Contractor.
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This fVIOU shall remain in effect until terminated by either party in accordance
with A B below.
Coil. G'�EV!E AL PROMIOVS
A. ll"o condition or provision of this MOU shall be waived or altered except
by written amendment signed by a duly authorized representative of
CDSS and County.
I . Termination without cause:This MOU may be terminated by either
party without cause upon 30 days written notice.
C. Termination with cause: This NAOU may be terminated immediately by
either party if the terms of this NAOU are violated in any manner. However,
CDSS or County shall provide kvrit en notice to the other party of such
termination for cause of this MOU. Contractor may immediately suspend
and/or te-rrninate County's access to the Service if Contractor reasonably
believes County has violated the FC V!,, any of the state law counterparts
to the FCRA, or any other applicable law or regulation.
[Signature page to follow]
Agreement 21-3093 M nu'~Z-'r b07 Exhibit D
CDSS/TALX Page 6 of 6
Corporation
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
By:
'NAe and Title of signing sta
Date: f f 2�
COUNTY OF Fresno
By. k k-L Brian Pacheco,
Name and Title of signing staff Chairman of the Board of Supervisors
of the County of Fresno
Date: /Oz—/o —.z;L
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Deputy