HomeMy WebLinkAboutAgreement A-23-092 with CDSS.pdf SCO ID: 5180-221022 Agreement No. 23-092
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
URCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 22-1 022 STANDARD AGREEMENT AGREEMENT NUMBER P
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
California Department of Social Services
CONTRACTOR NAME
County of Fresno Department of Social Services
2.The term of this Agreement Is:
START DATE
July 01,2022
THROUGH END DATE
June 30,2025
3.The maximum amount of this Agreement is:
$0.00 Zero Dollars and 00/100
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 5
Exhibit B Budget Detail and Payment Provisions 3
Exhibit C' General Terms and Conditions-GTC 04/2017
t
Exhibit D Special Terms and Conditions 4
t
Exhibit E EDD Protection of Confidentiality 4
t Exhibit E-
Attachment EDD Confidentiality Agreement 1
1
+ Exhibit F CDSS/EDD Reference Agreement 22-2003 25
terns shown with an asterisk "),are hereby incorporated by reference and mode part of this agreement as if attached ereto.
These documents can be viewed athttps✓/www dgs.ca goy/OLS/Rg ounces
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
County of Fresno Department of Social Services
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
P.O.Box 1912 Fresno ICA 93718
PRINTED NAME OF PERSON SIGNING TITLE
Sal Quintero Chairman of the Board of Supervisors of the
County of Fresno
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
-ag-a.o a 3
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County of Fresno,State of California
By_ Deputy
Page 1 of 2
SCO ID: 5180-221022
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable)
STD 213(Rev.04/2020) 22-1 022
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
California Department of Social Services
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
744 P Street,MS 9-6-747 Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Marissa Enos Marissa Enos,Chief,Non-IT Contracts
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
Digitally signed by
Marissa Enos
Date:2023.04.05 09:04:31 -07'00'
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
SCM Vol. 1,4.04(A)(2)
Page 2 of 2
Contractor Certification Clause
CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below. This certification is made under the laws of the State of California.
Contractor/Bidder Firm Name (Printed) Federal ID Number
By (Authorized Signature)
ATTEST:
BERNICE E.SEIDEL
int Na and Title of Person Signing Clerk of the Board of Supervisors
County of Fresno,State of California
Sal Quintero, Chairman By j Deputy
Date Executed Executed in the County of
CONTRACTOR CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm's offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor's compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of$100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
Agreement 22-1022 Page 1 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
A. Legal Authority
The Legal Authority for this Agreement by which the Employment Development
Department (EDD) provides confidential wage and unemployment insurance claim
information to California Department of Social Services (CDSS) is pursuant to
Section 1095(ai) of the California Unemployment Insurance Code (UIC).
CDSS shall request and use the EDD Confidential Data for the sole purpose of
conducting internal research, budget development, performance monitoring and
program evaluation pursuant to the statutory authorities in: Welfare and Institutions
Code Sections 10533, 10540.5, 10541, 10606.1, 10609.4, 10850, 11322.63, 11525,
15204.6, and Section 1095(ai) of the UIC, Title 7 of the United States Code (USC)
Section 2020(e)(16)-(17), and Title 42 of the USC Sections 611 and 677.
B. Purpose
This Agreement is entered into between County of Fresno Department of Social
Services (FEED), herein referred to as the Contractor, and CDSS (collectively, the
Parties). Contractor is to be provided access to the EDD Confidential Data for the
sole purpose of conducting program evaluations. Contractor shall use the quarterly
EDD base wage data to understand labor market participation of its employment
services clients (e.g., California Work Opportunity and Responsibility to Kids
(CaIWORKs), CalFresh Employment & Training, and County General Assistance
program clients in County of Fresno). This Agreement provides authorization for use
of the EDD Confidential Data solely for evaluation purposes described in this
Agreement.
C. Contractor Responsibilities
1. Contractor may use the following data sets acquired from CDSS, collectively
referred to as EDD Confidential Data:
a. EDD Base Wage File: Quarterly wage earnings for the most recent six (6)
quarters available of all persons in the Contractor's County, 16 years or
older and who received at least one month of public assistance in
Contractor's County. The data extract includes quarter date; social security
number; employer account number (EAN); and quarterly earnings. The base
wage file shall enable Contractors to track the employment records and
earnings of current and former welfare recipients. Historical wage data up to
five (5) years prior is also available upon special request for selected clients.
b. Employer Data: This file is a subset of the Quarterly Census of
Employment and Wages created by the Bureau of Labor Statistics. It
Agreement 22-1022 Page 2 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT A
(Standard Agreement)
contains California employer data such as employer identification number
(EIN), NAICS industry classification code, employer trade name, street
address, FIPS county code, and total quarterly wages paid. Employer data
is available upon special request.
c. Unemployment/Disability (UI/DI) Files: UI/DI files track the unemployment
and disability benefits of welfare recipients. Data includes time of payment,
payment amount, social security number, and client name. This data is
available upon special request for selected clients, subject to CDSS cost
review and available funds.
Linkage of administrative county data to the aforementioned files requires the
county to provide a file to CDSS containing unduplicated client social security
numbers and birth dates, preferably in SAS or Excel/Csv format.
2. Contractor shall instruct all employees, agents, or volunteers with access to the
information provided through this Agreement as to the following:
a. The confidential nature of the information;
b. The requirements of Division 19 of the CDSS Manual of Policies and
Procedure for the protection of confidential information provided by CDSS or
held by the County in its administration of social services; and
C. The EDD Confidentiality and Security Requirements of the EDD and CDSS
Interagency Agreement 22-2003, Exhibit E for EDD data.
d. Exhibit F, Agreement 22-2003, attached for reference.
3. Acknowledge CDSS as the original source of the data in any publications
resulting from, or related to, use of this data.
4. Include a disclaimer that credits any analyses, interpretations, or conclusions
reached to the authors and not to CDSS. The disclaimer shall be in substantially
the following form, unless the Parties agree otherwise in writing:
"The research reported herein was performed with the permission of
the California Department of Social Services. The opinions and
conclusions expressed herein are solely those of the author(s) and
should not be considered as representing the policy of any agency of
the California State Government."
5. Provide CDSS with a pre-publication draft of any reports 90 days before
publication. A "report" is any document, email, or website that includes
outcomes, results, or findings using EDD Confidential Data that is made available
to the public. EDD requires all publications using EDD Confidential Data to be
reviewed and approved by their Information Security Office prior to publication.
CDSS shall facilitate the approval process between Contractor and EDD. Should
Agreement 22-1022 Page 3 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT A
(Standard Agreement)
CDSS disagree with any part of the report, a disclaimer stating CDSS's
disagreement shall be included in the final published report.
Specifically, the EDD Confidential Data shall enable the following program
outcomes, with respect to the content and function of reports, to be accurately
measured, including:
a. The number and proportion of clients with earned income;
b. The total earnings of clients and their wage progression over time;
c. The continuity of employment over time; and,
d. How outcomes differ across various socioeconomic/demographic
characteristics and specific employment services programs.
This analysis would enable Contractor to measure the effectiveness of welfare-
to-work and employment services efforts in the Contractor's County, and provide
valuable input into subsequent programmatic design and resource allocation
decisions. Moreover, the information would be a useful tool in developing
caseload forecasts and adapting employment services programs in response to
labor market trends.
Under no circumstances shall individual client data be released or used to
contact individual persons. All data shall be reported in aggregate to
protect client privacy.
Matching client data with quarterly wages would provide Contractor with robust
employment and earnings data that could be tracked over time for specific
groups of program clients. County data does not currently provide any
information on employment or earnings of program recipients, and EDD quarterly
base wage files are the only accessible source for tracking the earned income of
clients after receiving employment services.
Several files produced by the EDD are the only source that shall allow
accessibility to track the employment and earnings of welfare program recipients
after leaving public assistance as well as unemployment and disability payments.
D. CDSS Responsibilities
1. CDSS shall provide the EDD Confidential Data for the purpose specified in this
Agreement.
2. CDSS shall facilitate the linkage of client records provided by Contractor to EDD
base wage administrative files for this Agreement. The process shall require
CDSS to transmit client records to EDD; EDD performs the actual linkage
(matching) and shall make the matched records available to CDSS for access
Agreement 22-1022 Page 4 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT A
(Standard Agreement)
and subsequent distribution to Contractor. This linkage requires a valid social
security number and date of birth for each client.
3. CDSS shall conduct random on-site inspections, as needed, to ensure
compliance with the terms of this Agreement.
4. All printing shall be sent to the California Department of General Services, Office
of State Publishing (OSP). It is the responsibility of the CDSS Project
Representative to obtain an exemption from OSP to competitively bid out any
and all printing listed within this Agreement.
E. Project Representatives:
The Project Representatives during the term of this Agreement shall be:
CDSS
Data Contact:
Brittney Gossard, Research Data Specialist
Fiscal Forecasting & Policy Branch
744 P Street, MS 8-10-100
Sacramento, CA 95814
Phone: (916) 654-1208
Brittney.Gossard(a-),dss.ca.gov
Contract Contact:
Angela Vellos, CaIWORKs Program Manager
CalWORKs Engagement Bureau
744 P Street, MS 8-8-33
Sacramento, CA 95814
Phone: (916) 653-6609
Angela.Vellos6d�dss.ca.gov
County of Fresno Department of Social Services
The Contractor shall designate a person to be responsible for the security and
confidentiality of the data. The Contractor shall immediately notify CDSS in writing
of a designee change.
Security Contact:
Leah Melidonian, Senior Staff Analyst
205 West Pontiac Way, Building 2
Clovis, CA 93612
Phone: (559) 600-3061
ImelidonianCa�.fresnocountyca.gov
Agreement 22-1022 Page 5 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT A
(Standard Agreement)
Program Contact:
Veronica Clinton
3500 Never Forget Lane, Building 1
Clovis, CA 93612
Phone: (559) 600-3250
Vbrown(a-fresnocountyca.gov
Contract Contact:
Leah Melidonian, Senior Staff Analyst
205 West Pontiac Way, Building 2
Clovis, CA 93612
Phone: (559) 600-3061
Imelidonian(a-_)fresnocountVca.gov
The Project Representative may be changed by providing written notice to the other
party within five (5) business days of the change. Said change shall not require an
amendment to this Agreement.
Agreement 22-1022 Page 1 of 3
CDSS/County of Fresno Department of Social Services
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
A. Invoicing and Payment
1. The maximum amount payable under this Agreement shall not exceed $0.00.
Shown below are the amounts that cannot be exceeded for each of the fiscal
year(s):
2022/23 $0.00
2023/24 $0.00
2024/25 $0.00
2. For services satisfactorily rendered, and upon receipt and approval of the
invoice(s), CDSS agrees to pay the Contractor for said services in accordance
with the rates specified.
3. Funding for necessary travel expenses and per diem are included in this
agreement and will be reimbursed at rates established by the California
Department of Human Resources (CaIHR) for comparable classes. (See
https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx).
Contractor will itemize travel expenses, including receipts, and submit to CDSS
Program Contract Manager for approval. This approval, including itemization and
receipts must be attached to the invoice submitted for payment.
No travel outside of the State of California by Contractor shall be reimbursed
unless there is prior written authorization from CDSS. Per Government Code
section 11139.8, travel to states currently subject to California's ban on state-
funded and state-sponsored travel is prohibited.
4. Invoices shall include the Agreement Number 22-1022 and Reporting Structure
51801261 and shall be submitted in triplicate not more frequently than monthly in
arrears to:
California Department of Social Services
CalWORKs and Family Resilience Branch
CalWORKs Engagement Bureau
744 P Street, M.S. 8-8-33
Sacramento, CA 95814
Attn: Angela Vellos or Sadie Webb
Email: Angela.Vellos(o)_dss.ca.gov or Sad ie.Webb(c�dss.ca.gov
Any invoices submitted without the above referenced information may be
returned to the Contractor for further re-processing.
Rev: 9/26/22
Agreement 22-1022 Page 2 of 3
CDSS/County of Fresno Department of Social Services
EXHIBIT B
(Standard Agreement)
B. State Budget Contingency Clause
1. It is mutually agreed that if the Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the program, this Agreement shall be of no further force and effect. In
this event, CDSS shall have no liability to pay any funds whatsoever to
Contractor or to furnish any other considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes
of this program, CDSS shall have the option to either cancel this Agreement with
no liability occurring to the State, or offer an agreement amendment to Contractor
to reflect the reduced amount.
C. For Contract with Federal Funds
1. It is mutually understood between the parties that this Agreement may have been
written before ascertaining the availability of Congressional appropriation of
funds, for the mutual benefit of both parties, in order to avoid program and fiscal
delays which would occur if the Agreement were executed after that
determination was made.
2. This Agreement is valid and enforceable only if sufficient funds are made
available to the State by the United States Government for the term of this
Agreement for the purposes of this program. In addition, this Agreement is
subject to any additional restrictions, limitations, or conditions enacted by the
Congress or any statute enacted by the Congress which may affect the
provisions, terms, or funding of this Agreement in any manner.
3. It is mutually agreed that if the Congress does not appropriate sufficient funds for
the program, this Agreement shall be amended to reflect any reduction in funds.
4. CDSS has the option to invalidate the Agreement under the 30-day cancellation
clause or to amend the Agreement to reflect any reduction of funds.
D. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in,
Government Code Chapter 4.5, commencing with Section 927.
E. Review
CDSS reserves the right to review service levels and billing procedures as they
impact charges against this Agreement.
Rev: 9/26/22
Agreement 22-1022 Page 3 of 3
CDSS/County of Fresno Department of Social Services
EXHIBIT B
(Standard Agreement)
F. Final Billing
Invoices for services must be received by CDSS within 90 days following each state
fiscal year, or 90 days following the end of the contract term, whichever comes first.
The final invoice must include the statement "Final Billing."
G. Nonresident Tax Withholdings
Payments to all nonresidents may be subject to withholding. Nonresident payees
performing services in California or receiving rent, lease, or royalty payments from
property (real or personal) located in California will have seven percent of their total
payments withheld for state income taxes. However, no withholding is required if
total payments to the payee are $1,500 or less for the calendar year.
Rev: 9/26/22
Agreement 22-1022 Page 1 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONDITIONS
A. Dispute Provisions
1. If Contractor disputes a decision of the State's Project Representative regarding
the performance of this Agreement or on other issues for which the Project
Representative is authorized by this Agreement to make a binding decision,
Contractor shall provide written dispute notice to the State's Project
Representative within 15 calendar days after the date of the action. The written
dispute notice shall contain the following information:
a. the decision under dispute;
b. the reason(s) Contractor believes the decision of the State's Project
Representative to have been in error (if applicable, reference pertinent
contract provisions);
c. identification of all documents and substance of all oral communication which
support Contractor's position; and
d. the dollar amount in dispute, if applicable.
2. Upon receipt of the written dispute notice, the State program management will
examine the matter and issue a written decision to Contractor within 15 calendar
days. The decision of State program management shall contain the following
information:
a. a description of the dispute;
b. a reference to pertinent contract provisions, if applicable;
c. a statement of the factual areas of agreement or disagreement; and
d. a statement of the representative's decision with supporting rationale.
3. The decision of the State program management shall be final unless, within 30
calendar days from the date of receipt of the decision, Contractor files with the
California Department of Social Services a notice of appeal addressed to:
California Department of Social Services
744 P Street, M.S. 9-6-747
Sacramento, CA 95814
Attention: Chief, Contracts and Procurement Services Branch
Pending resolution of any dispute, Contractor shall diligently continue all contract
work and comply with all of the Project Representative's orders and directions.
Revised 11/1/22
Agreement 22-1022 Page 2 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT D
(Standard Agreement)
B. Termination Without Cause
This Agreement may be terminated without cause by the State upon 30 days written
notice to Contractor.
C. Debarment and Suspension
For federally funded agreements, Contractor certifies that to the best of their
knowledge and belief that they and their principals or affiliates or any subcontractor
utilized under this Agreement, are not debarred or suspended from federal financial
assistance programs and activities, nor proposed for debarment, declared ineligible,
or voluntarily excluded from participation in covered transactions by any federal
department or agency. Contractor also certifies that it or any of its subcontractors
are not listed with any active exclusions on the System for Award Management
(http://www.sam.gov) (Executive Order 12549, 2 C.F.R. Parts 180, 376, 417 and
2336).
D. Certification Regarding Lobbying
The following provisions are applicable to Cooperative Agreements and Contracts
exceeding $100,000 in federal funds:
1. For agreements with contractors who are State entities not under the authority of
the Governor, or cities, private firms, or agencies which are receiving in excess of
$100,000 in federal funds from CDSS to perform services. By signing this
Agreement, Contractor certifies that to the best of their knowledge and belief,
that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in
connection with the awarding of a federal contract, the making of a federal
grant, the making of a federal loan, the entering into of a cooperative
agreement, and the extension, continuation, renewal, amendment, or
modification of a federal contract, grant, loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this
federal grant or agreement, the undersigned shall complete and submit
Revised 11/1/22
Agreement 22-1022 Page 3 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT D
(Standard Agreement)
Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
c. Contractor shall require that the language of this certification be included in
the award documents for all covered subawards exceeding $100,000 in
federal funds at all appropriate tiers and that all subrecipients shall certify and
disclose accordingly.
2. This certification is a prerequisite for making or entering into this transaction and
is imposed by Section 1352, Title 31, U.S. Code. This certification is a material
representation of fact upon which reliance was placed when this transaction was
made or entered into. Any person who fails to file the required certification shall
be subject to a civil penalty of no less than $10,000 and not more than $100,000
for each such failure.
3. Nonprofit organizations and Institutes of Higher Education are also required to
comply with the lobbying provisions contained in 2 C.F.R. section 200.450 and
45 C.F.R. section 75.450.
E. Unruh Civil Rights Act and the Fair Employment & Housing Act
By entering into this Agreement, Contractor certifies compliance with the Unruh Civil
Rights Act (Section 51 of the Civil Code) and the Fair Employment and Housing Act
(Section 12960 of the Government Code); and if Contractor has an internal policy
against a sovereign nation or peoples recognized by the United States government,
Contractor certifies that such policies are not used in violation of the Unruh Civil
Rights Act or the Fair Employment and Housing Act.
F. Computer Software Copyrights
Contractor certifies that it has appropriate systems and controls in place to ensure
that state funds will not be used in the performance of this Agreement for the
acquisition, operation, or maintenance of computer software in violation of copyright
laws.
G. OMB Audit
Pursuant to Office of Management and Budget (OMB) audit requirement regulations
(2 C.F.R. § 200.501), non-federal entities that expend $750,000 or more in a year in
federal awards from all sources combined shall have a single or program-specific
audit conducted for that year in accordance with the provisions of 2 C.F.R. section
200.514 (previously OMB Circular A-133). All OMB audit reports shall meet the
Revised 11/1/22
Agreement 22-1022 Page 4 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT D
(Standard Agreement)
report submission requirements established in 2 C.F.R. section 200.512 and a copy
shall be forwarded to CDSS.
H. Subcontractors
The following provision is applicable to agreements in which the Contractor
subcontracts out a portion of the work performed under this Agreement:
Contractor may enter into subcontracts for the services to be performed at
Contractor's expense, provided such subcontracts are consistent with this
Agreement. Nothing contained in this Agreement or otherwise shall create any
contractual relationship between CDSS and any subcontractors, and no
subcontractor shall relieve Contractor of its responsibilities and obligations
hereunder. Contractor agrees to be fully responsible to CDSS for the acts and
omissions of its subcontractors and of persons either directly or indirectly employed
by any of them as it is for the acts and omissions of persons directly employed by
Contractor. Contractor's obligation to pay its subcontractors is an independent
obligation from the obligation of CDSS to make payments to Contractor. As a result,
CDSS shall have no obligation to pay or to enforce the payment of any moneys to
any subcontractor. Contractor shall maintain a copy of each subcontract entered
into in support of this Agreement and shall, upon request by CDSS, make copies
available for approval, inspection, or audit. Contractor shall ensure that all
subcontracts for services include provision(s) requiring compliance with applicable
terms and conditions specified in this Agreement and shall, as applicable, advise all
subcontractors of their obligations to comply with the terms of the Agreement
between CDSS and Contractor.
I. Indirect Costs/Administrative Overhead
Where allowed and identified in this Agreement, Contractor may claim indirect costs.
Indirect costs are expenses incurred for administrative services such as, but not
limited to, accounting; personnel and payroll administration; accounts payable
services; general and specialized insurance coverage; compliance and regulatory
monitoring; independent audit services; and legal services. Indirect costs are
applied to personnel, operating expenses, supplies, equipment, and travel
expenses. Contractor shall ensure that all administrative fees are reasonable
considering the services being provided. Contractor may only pay overhead
charges on the first $25,000 of each subcontract. Any subcontractor receiving
$25,000 or more must be clearly identified in the budget display and excluded when
the total indirect costs are calculated. Line-item budget shifts which increase the
indirect costs shall not be allowed.
Revised 11/1/22
Agreement 22-1022 Page 5 of 5
CDSS/County of Fresno Department of Social Services
EXHIBIT D
(Standard Agreement)
J. Accessibility Requirements
Contractor shall comply with California Government Code sections 7405 and 11135
which requires, among other things, that Contractor shall comply with the
accessibility requirements of Section 508 of the Federal Rehabilitation Act of 1973,
as amended (29 U.S.C. Sec. 794d), and regulations implementing that act as set
forth in Part 1194 of Title 36 of the Federal Code of Regulations. All Contractor
deliverables shall meet the requirements of the Web Content Accessibility
Guidelines 2.0, or a subsequent version, published by the Web Accessibility Initiative
of the World Wide Web Consortium at minimum Level AA success
criteria. Contractor shall respond to and resolve any complaint regarding
accessibility of its products or services that is brought to its attention.
K. Russia — Ukraine Conflict Economic Sanctions
Contractor shall ensure compliance with economic sanctions imposed by the U.S.
government in response to Russia's actions in Ukraine, as well as any sanctions
imposed under state law (collectively, economic sanctions). Economic sanctions
include, but are not limited to, refraining from new investments in, and financial
transactions with, Russian institutions or companies that are headquartered or have
their principal place of business in Russia (Russian entities), and not transferring
technology to Russia or Russian entities. Contractor(s) are further notified that they
will be subject to additional reporting requirements pursuant to Executive Order (N-
6-22) issued on March 4, 2022, and any other subsequently issued orders.
Revised 11/1/22
Agreement 22-1022 Page 1 of 4
CDSS/County of Fresno Department of Social Services
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 EDD's
confidential information to the public and mandate its protection against loss and against
unauthorized access, use, disclosure, modification, or destruction.
The Contractor must therefore, agree to the following security and confidentiality
requirements:
I. ADMINISTRATIVE SAFEGUARDS
a. Adopt policies and procedures to ensure use of EDD's confidential information solely
for purposes specifically authorized under this Agreement that meets 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, 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 Contractor will
comply with all applicable statutes, rules, and/or regulations and Agreement
information security requirements, including but not limited to the following:
• Unemployment Insurance Code �1094 (Disclosure Prohibitions)
• Title 20, Code of Federal Regulations �603.9 and �603.10 (Federal
Unemployment Compensation Safeguards and Security Requirements)
• Civil Code §1798, et seq. (Information Practices Act)
• 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)
• Welfare and Institutions Code § 10850 (Records)
d. Except for State Agencies, agree to indemnify the CDSS 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 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.
Confidentiality Requirements
Agreement 22-1022 Page 2 of 4
CDSS/County of Fresno Department of Social Services
EXHIBIT E
(Standard Agreement)
f. Keep all EDD 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 uses 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 the caller shall speak directly with a person in the
EDD ISO. 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 identifying responsible personnel (name, title and contact
information). The verbal notification shall be followed with an email notification to
<InformationSecurityOffice(a-_)edd.ca.gov>.
II. MANAGEMENT SAFEGUARDS
a. Acknowledge that the confidential information obtained by the Contractor under this
Agreement remains the property of 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, and
• Sanctions specified in federal and state unemployment compensation laws and
of any other relevant statutes against unauthorized disclosure of confidential
information provided by EDD.
c. Permit EDD to make on-site inspections to ensure that the terms of this Agreement
are being met.
d. Maintain a system of records sufficient to allow an audit of compliance with the
requirements under subsection (d) of this part. Permit 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)(13).
III. USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS
a. Use 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 Unemployment
Insurance (UI) Code. Section 1095(u) of the Unemployment Insurance Code does
not authorize the use of EDD's confidential information by any private collection
agency.
Confidentiality Requirements
Agreement 22-1022 Page 3 of 4
CDSS/County of Fresno Department of Social Services
EXHIBIT E
(Standard Agreement)
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.
c. Disclosure of any EDD information to any person or entity not specifically authorized
in this Agreement is strictly prohibited. Personnel assigned to work with 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 EDD confidential documents in a physically secure manner at all times to
prevent unauthorized access.
d. Store 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 Contractor
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 EDD 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 EDD's data, based on job function.
g. Direct all personnel permitted to use 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 data is
not left unattended in printers where unauthorized personnel may access them.
h. Dispose of confidential information obtained from EDD, and any copies thereof
made by the Contractor, after the purpose for which the confidential information is
Confidentiality Requirements
Agreement 22-1022 Page 4 of 4
CDSS/County of Fresno Department of Social Services
EXHIBIT E
(Standard Agreement)
disclosed is served. Disposal means return of the confidential information to 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
Employment EDD Agreement No.
ED Development CDSS Agreement No.22-1022
Department CDSS/County of Fresno Department of Social Services
$t a e o f G a l i f a r n i e EDD Customer Code:E00096, E00097
Exhibit E—Attachment 1
Page 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 maybe
subject to administrative,civil,and/or criminal action.
an employee of
PR1NrYOURNAW PRIlVrYOUR ENPUJYERS NAME
hereby acknowledge that the confidential and/or sensitive records ofthe Employment Development Department are subject to strict confidentiality requirements
imposed by state and federal law include the Unemployment Insurance Code Sections 1094 and 2111,the Civil Code Section 1798 et seq.,the Penal Code
Section 502,Title 5,USC Section 552a,Code ofFederal Regulations,Title 20 part 603,and Title 18 USC Section 1905.
acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security l\,bnitor reviewed with me the confidentiality and security
Mr L requirements,policies,and administrative processes ofmy organization and ofthe EDD.
acknowledge responsibility for knowing the classification ofthe EDD information I murk with and agree to refer questions about the classification ofthe
AIl1mAr. EDD information(public,sensitive,confidential)to the person the Contract assigns responsibility for the security and confidentiality ofEDD's data.
acknowledge responsibility for knowing the privacy,confidentiality,and data security laws that apply to the EDD information I have been granted access
MTIAL to by my employer,including California Unemployment Insurance Code Section 1094 and 2111,California.Government Code section 15619,California.
CivrTCode Sections 1798.53,and Penal Code Section 502.
acknowledge that wrongful access,use,modification,or disclosure of confidential information maybe punishable as a crime and/or result in disciplinary
WmiAL 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 ofconfidential information for personal gain,curiosity,or any non-business related
WTIAL reason is a crime under state and federal laws.
acknowledge that wrongfirl access,use,modification,or disclosure ofconfidential information is grounds for immediate termination ofmy organization's
WT AL Contract with the EDD.
agree to protect the following types of EDD confidential and sensitive information:
WmAL • Wage Information • Applicant Information
• Employer Information • Proprietary Information
• Claimant Irnforination • Operational Irnformmmation(manuals,guidelines,procedures)
• Tax Payer Ir formmmation
hereby agree to protect EDD's information on either paper or electronic form by:
WmAL • Accessing or using EDD supplied information only as specified in the Contract for the performance ofthe specific work I am assigned.
• Never accessing in n-nation 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 Ihave read and initialed the confidentiality statements printed above and will abide by them."
Print Full Name(last,first,A Signature
Print Name ofRequestingAgency Date Signed
Check the appropriate box:
❑ Employee ❑ Student
❑ Subcontractor ❑ volunteer
❑Other
Explain
Agreement 22-1022 SCO ID' Cleared Exhibit F
CDSS/County of Fresno Department of Social Services CSG Page 1 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES TB 6/30/2022
STANDARD AGREEMENT AGREEMENT NUMBER DISt. Y NUMBER(if Applicable)
STD 213(Rev.04/2020) 0000000308
1.This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Department of Social Services
CONTRACTOR NAME
Employment Development Department
2.The term of this Agreement is:
START DATE
July 1,2022 or upon final approval
THROUGH END DATE
June 30,2025
3.The maximum amount of this Agreement is:
One Hundred Thirteen Thousand Three Hundred Twenty-Three Dollars and Thirty-Six Cents ($113,323.36)
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
Attachment Project List 6
A-2
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C* General Terms and Conditions
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 Information Security Certification 1
E-3
Items shown with an asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed othttps://www.dgs.co.gov/OLS/Resources
IN WITNESS WHEREOF,THIS AGREEMENT HAS BEEN EXECUTED BYTHE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.)
Employment Development Department
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
722 Capitol Mall,#62-C Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Andrea Clayton Contract Section Chief
CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
Aii#da �04 6/23/22
Page 1 of 2
Agreement 22-1022 SCO ID' Exhibit F
CDSS/County of Fresno Department of Social Services Page 2 of 25
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable)
STD 213(Rev.04/2020) 0000000308
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Department of Social Services
CONTRACTING AGENCY ADDRESS CITY STATE ZIP
744 P Street Sacramento CA 95814
PRINTED NAME OF PERSON SIGNING TITLE
Aaron Knowles Chief,IT Acquisitions and Purchasing
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
A�uw� 6-29-2022
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable)
Page 2of2
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 3 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 1 of 2
EXHIBIT A
(Interagency Agreement)
This Agreement is entered into by and between the Employment Development Department, hereinafter
referred to as the EDD and the California Department of Social Services, hereinafter referred to as the
CDSS. It sets forth the terms and conditions for the release of EDD confidential data to the CDSS.
SCOPE OF WORK
I. Purpose
The EDD agrees to provide the CDSS with confidential EDD information of wage and unemployment
insurance (UI) benefit payment history as specified in this Agreement. The CDSS agrees to use the
confidential information provided by the EDD under this Agreement to create aggregate or summary
level frequency distributions, tables, and complex statistical analyses. This output is used-primarily for
internal research, budget development, performance monitoring, and program evaluations. The CDSS
will also use this output for special, mandated evaluation projects where the CDSS contracts an
evaluator as described in Attachment A-2 Project List.
The EDD agrees that the confidential information provided to the CDSS may be disclosed to the
approved CDSS project evaluators listed on Attachment A-2 Project List. Future subcontracted
projects must be evaluated and approved by the EDD before any disclosures of EDD confidential data
can take place.
II. Legal Authority
The EDD provides confidential wage and Unemployment Insurance (UI) information to the CDSS
pursuant to section 1095(ai) of the Unemployment Insurance Code (UIC).
The CDSS shall request and use the EDD's confidential information for the sole purpose of conducting,
internal research, budget development, performance monitoring and program evaluation pursuant to
the statutory authorities listed in Attachment A-2 Project List: Sections 10540.5(a)-(e), 10541, 10606.1,
10609.4, 10850(2)(f), 11520-11521.7, 11525, 15204.6 of the Welfare and Institutions Code, and
Section 1095(ai) of the UIC, and Sections of 7 United States Code (USC) Section 611, 42 USC Section
677 of the Social Security Act, and the Agriculture Act of 2014 (P.L. 113-79 Section 4022).
III. Agreement Representatives
1. The EDD's contact persons are:
AGREEMENT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE
Mason Moulay or Designee
Information Security Office, M I C 33
Employment Development Department
P.O. Box 826880
Sacramento, CA 94280-0001
Phone: (916) 937-5520
Email: Mason.Moulay(cbedd.ca.aov
cc: ISOPrivacvDisclosureUnit(a�edd.ca.gov
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 4 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 2 of 2
EXHIBIT A
(Interagency Agreement)
FISCAL
Employment Development Department
Accounts Receivable Unit, MIC 70
P.O. Box 826217
Sacramento, CA 94230-6217
Phone: (916) 654-9440
2. The CDSS' contact persons are:
AGREEMENT NEGOTIATIONS AND ADMINISTRATION
Christopher Daniels
California Department of Social Services
744 P Street, MS 8-5-26
Sacramento, CA 95814
Phone: (916) 651-5006
Email: DataAccessUnit@dss.ca.gov
FISCAL MATTERS
Christopher Daniels
California Department of Social Services
744 P Street, MS 8-5-26
Sacramento, CA 95814
Phone: (916) 651-5006
Email: DataAccessUnit@dss.ca.gov
CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS
Data Security and Integrity: Gregory Nelson
Internal distribution of the EDD products: Jennifer Espera
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.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 5 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 1 of 4
ATTACHMENT A-1
(Interagency Agreement)
SPECIFICATIONS
I. METHODOLOGY: CALIFORNIA DEPARTMENT OF TECHNOLOGY SERVICES SECURE
ELECTRONIC TRANSMITTAL SERVICE
1. The CDSS submits to the EDD, via disk, the social security number of individuals specified in this
Agreement under Customer Codes E00096 and E00097.
2. On matching records the EDD produces and delivers, via disk, the abstract reports authorized under
this agreement.
3. On a quarterly basis the EDD invoices the CDSS for all SSN transactions searched.
II. RESPONSIBILITIES
1. The EDD agrees to:
a. Provide the CDSS with a copy of Abstract System Customer Instruction Packet.
b. Provide a file name for the CDSS to copy all their input requests into. File will contain all
input requests (SSNs) formatted to the EDD specifications in the Abstract System Customer
Instruction Packet.
c. Make use of the Generation Data Set (GDS) set up by the CDSS Resource Access Control
Facility (RACF) at the California Department of Technology Services (CDT):
1. EMBP.ABS.ABS990.ABS.REQUESTS.E00096 (Current and Archive Wages)
2. EMBP.ABS.ABS990.ABS.REQUESTS.E00097 (Current and Archive UI Data)
d. Schedule a search match of the Social Security Numbers (SSN) from the input file provided by
CDSS with the EDD data file. On positive matches the EDD will provide the following EDD
abstract data files:
1) Current Wage Abstract
2) Current Unemployment Insurance Payment History
3) Unemployment Insurance Payment History (2-4 years)
4) Unemployment Insurance Payment History (4-7 years)
5) Archive Wage Abstract
e. Place the "output' Abstract System Files, formatted to the EDD specifications on two (2) disk
data sets at CDT with the following Data Set Names (DSN):
1. BPEM.ABS.ABS201.ABSTRAC.X200.E00097 (Current and Archive UI Data)
2. BPEM.ABS.ABS953.ABSTRAC.X089.E00096 (Current and Archive Wage Data)
f. Monitor and assess the 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.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 6 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 2 of 4
ATTACHMENT A-1
(Interagency Agreement)
g. Protect the information provided by the CDSS as confidential information and will adhere to the
security and confidentiality provisions outlined in Exhibit E—Protection of Confidentiality
Provisions, attached hereto and made part of the Agreement for the protection of that
information.
h. The EDD will instruct all the EDD personnel assigned to work with the information provided by
the CDSS that this information is considered confidential information and is to be treated in the
same manner as the EDD confidential material.
i. The EDD will ensure that all the EDD personnel assigned to work with the information provided
by the CDSS have signed the EDD Confidentiality Statement (Attachment E-1. Rev. 11-2021).
EDD acknowledges that the names of social services clients and applicants are confidential per
section 10850 of the Welfare and Institutions Code (WIC) and will be secured in accordance with
the California State Administrative Manual (state policy) requirements.
j. Review and respond to future CDSS research, demonstration, or program evaluation project
approval requests within 30 days.
2. The CDSS agrees to:
a. Request only the EDD information specifically authorized under this Agreement. Requests will
be made on an as needed basis.
b. Submit only the social security numbers of individuals who are identified as current and/or
former public assistance and program recipients (CaIWORKs, CalFresh, or Medi-Cal)
authorized under this Agreement.
c. The CDSS will submit social security numbers under the EDD Customer Codes: E00096 and
E00097 formatted to the system specifications listed in the Abstract System Customer
Instruction Packet with the DSNs:
1. EMBP.ABD.ABS990.ABS.REQUESTS.E00096 (Current and Archive Wages)
2. EMBP.ABD.ABS990.ABS.REQUESTS.E00097 (Current and Archive UI Data)
d. Format all requests (SSNs) to the EDD specifications in the Abstract System Customer
Instruction Packet.
e. Provide the EDD all Abstract Input requests (SSNs) for the limited purpose of allowing the EDD
to match the SSNs with the EDD data files to provide CDSS wage and UI information. The
CDSS information may not be otherwise used or further disclosed by the EDD.
f. Pick up all Abstract output information from the two (2) disk data sets at CDT with the following
Data Set Name (DSN):
1. BPEM.ABS.ABS953.ABSTRAC.X089.E00096 (Current and Archive Wage Data)
2. BPEM.ABS.ABS953.ABSTRAC.X089.E00097 (Current and Archive UI Data)
g. Use the specified ABS data files for only the purpose of creating aggregate or summary level
frequency distributions, tables and complex statistical analysis for internal research, budget
development, performance monitoring, and program evaluation. CDSS will also use this output
for special, mandated, evaluation projects where CDSS contracts an evaluator as described in
Attachment A-2 Project List.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 7 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 3 of 4
ATTACHMENT A-1
(Interagency Agreement)
h. Comply with EDD's Data Minimization and Retention Standard (DM3)when preparing any non-
confidential, aggregated, and statistical form data files for public access containing EDD data.
1) EDD has reviewed and approved CDSS standard publications with high level aggregation
of EDD data. Any updates to those standard CDSS publications will not need to be
resubmitted to EDD for future review and approval.
2) EDD agrees that any CDSS publication of EDD aggregate data that includes 100
respondents or more shall not require prior review and approval. Any CDSS publication
based upon fewer than 100 respondents shall be submitted to EDD for review and
approval no later than 30 days prior to publication.
i. Not disclose any individually identifiable the EDD information to any person or agency other
than those authorized specifically under this Agreement. Future CDSS Research,
Demonstration, Program Evaluation projects must be evaluated and approved by EDD
before any data can be requested or redisclosed under this Agreement. The approval
request for any new projects must include:
1) Project purpose and statutory authority;
2) A full description of how data will be used and distributed;
3) Name of all public and/or private contractors and/or subcontractors that will receive
EDD information;
4) An executed copy(ies) of the CDSS contractor and/or subcontractor.
j. Ensure that all contracts established with other private and/or public contractors and/or
subcontractors with access to the EDD confidential information disclosed under this
Agreement include all EDD confidentiality provisions specified herein.
k. Instruct all the CDSS and contractor/subcontractor 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, the section 1798.55 of the California Civil Code, and section 502
of the California Penal Code.
I. Oversee the CDSS and contractor/subcontractor staff in their use of confidential information
received from the EDD.
m. Ensure that all the CDSS personnel assigned to work with the information provided by the
EDD have signed the EDD Confidentiality Statement (Attachment E-1. Rev. 11-2021).
n. Adhere to security and confidentiality provisions outlined in Exhibit E - Protection of
Confidentiality, attached hereto and made part of the Agreement for the protection of any
information exchanged between the CDSS and the EDD.
o. 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.
p. CDSS shall not release the EDD's confidential information to any entity which is a private
collection agency (UIC, §1095(u)).
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 8 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 4 of 4
ATTACHMENT A-1
(Interagency Agreement)
q. Cooperate with the EDD's authority to monitor this Agreement in accordance with Exhibit E,
paragraph II(e) and (f).
r. Comply with section 603.9, Title 20 of the Code of Federal Regulations with respect to any
EDD confidential information.
s. Pursuant to federal law, if the CDSS 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 CDSS shall surrender to the EDD all confidential information
obtained under this Agreement which has not been previously returned to EDD, and
any other information relevant to the Agreement. 20 C.F.R. Part 603.10(c)(1).
3. Joint Responsibilities:
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 the EDD or the CDSS information to any person or agency other than
those authorize specifically under this Agreement.
c. To 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.
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.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 9 of 25
EDD Agreement No. 0000000308
CDSS No. 22-2003
EDD/CDSS
Customer Code: E00096, E00097
Page 1 of 6
ATTACHMENT A-2
(Interagency Agreement)
California Department of Social Services (CDSS)
Pro'ects Re uirin Em to ment Develo ment Department EDD Data Sharin
Description/PurposeStatutory Authority/ Timeline
Use .
Project/Report EDD Data EDD Data Data Used Re-disclosure
CaIWORKs Adult Measure overall employment WIC § 10540.5 EDD Base Wage Internal use and public 1996 -
Recipient Earnings by success of adult recipients by WIC § 10541 file, integrated summary reports assist ongoing
Quarter county and statewide. Tracks WIC § 11525 into a longitudinal CDSS, Counties, and
employment statistics over time WIC § 10606.1 database program stakeholders with
and the effects of CaIWORKs 42 USC § 611 containing program evaluation and
program implementation as information on labor market analysis.
required by public law 104-193 CalWORKs and
(Federal TANF legislation) and CalFresh
WIC 10540.5. Public reports applicants and
contain only aggregated recipients.
statistical wage data.
Budget Development Analyze and estimate impact of WIC(2)(f) EDD Base Wage Internal Use— policy Ongoing
legislation and budget proposals UIC 1095(ai) File development and analysis
for CDSS Exec Staff, Dept of of fiscal impact.
Finance, Governor's Office, and UI Payments Files Aggregate statistics may
California Legislature. Includes be made public to
poverty research and analysis of legislature and external
recipient income and earnings. stakeholders during
Aggregated statistics may be budget development
made public during budget process.
development process.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 10 of 25
EDD Agreement No. 0000000308
CDSS No. 22-2003
EDD/CDSS
Customer Code: E00096, E00097
Page 2 of 6
ATTACHMENT A-2
(Interagency Agreement)
Statutory Authority/ Timeline
Description/Purpose . . Use Internal Use •
Project/Report of EDD Data Data Data Used Re-disclosure
Semi-Annual and Estimate the budget impact of WIC § 10540.5(a)-(e) EDD Base Internal Use — policy Ongoing
Annual CaIWORKs reporting requirement changes, WIC § 10541 Wage File development and analysis
reporting changes including number of recipients WIC § 11525 of fiscal impact
with earnings above the income
reporting threshold. 42 USC § 611
Pay-For-Performance Increase CaIWORKs federal WIC § 15204.6 EDD Base Internal Use— program 2006 -
Measures #1 and #3 work participation rate; increase Wage File oversight ongoing
investment by counties in 42 USC § 611
pathways to employment.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 11 of 25
EDD Agreement No. 0000000308
CDSS No. 22-2003
EDD/CDSS
Customer Code: E00096, E00097
Page 3 of 6
ATTACHMENT A-2
(Interagency Agreement)
Statutory Timeline
Authority/Reference Internal Use or
Description to Use Data Data Used Re-disclosure
County Welfare Track base wage earnings and WIC § 10540.5 EDD Base Internal Use and 2014 -
Departments — UI/DI benefits of WIC § 10541 Wage File Redisclosure: CDSS Ongoing
Evaluate Employment TANF/CaIWORKs' UI/DI CalFresh WIC § 11520-11521.5 contracts with Butte,
Programs' Employment & Training, and Colusa, Contra Costa, El
Effectiveness General Relief/General Unemployment Dorado, Fresno, Kern,
Assistance program clients to and Disability Lassen, Los Angeles,
measure: labor market files. Madera, Marin, Monterey,
participation, total earnings and Napa, Nevada, Orange,
number of clients with earned Placer, Riverside, San
income, employment continuity Diego, San Francisco,
over time, program outcomes Santa Clara, Santa Cruz,
across specific socioeconomic Shasta, Siskiyou, Solano,
groups (for the purpose of Sonoma, Stanislaus,
determining employment Trinity, Tulare, Tuolumne,
outcomes connected with and Yolo counties.
welfare-to-work activity).
California Child Ongoing analysis to determine WIC § 10609.4 EDD Base Redisclosure: CDSS 2004 -
Welfare Indicators employment outcomes for WIC § 11525 Wage File contracts with University ongoing
Project/California youth exiting from Foster Care of California, Berkeley
Children's Services by tracking base wage earnings (CCWIP/Children's
Archive over time. Any public reports Services Archive) to meet
by CDSS contain only legislative reporting
aggregated statistical data. requirements of Welfare
and Institutions code
section 10609.4.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 12 of 25
EDD Agreement No. 0000000308
CDSS No. 22-2003
EDD/CDSS
Customer Code: E00096, E00097
Page 4 of 6
ATTACHMENT A-2
(Interagency Agreement)
Statutory Timeline
Authority/Reference Internal Use or
Description to Use Data Data Used Re-disclosure
Extended Foster Care Report on Extended Foster WIC § 10609.4 EDD Base Internal Use and 2011-
Exit Outcomes (AB 12) Care Exit Outcomes under AB WIC § 11525 Wage file Redisclosure: CDSS ongoing
12 to assist CDSS and counties contracted with University
in program evaluation. Public 42 USC § 677 of California, Berkeley
reports contain only aggregated and the University of
statistical data. Chicago to meet
legislative reporting
requirements of AB 12
(Chapter 559, Statutes of
2010
CalFresh E&T Federal Section 4022(a)(2) of EDD Base Internal Use. Re- 2017 -
Reporting Measures CDSS is federally mandated to the Agricultural Act of Wage File disclosure will only be in ongoing
report outcome data to monitor the effectiveness of the 2014 aggregate format to the
CalFresh E&T programs federal government.
annually. To meet the reporting
requirements, CDSS will match
CalFresh E&T participant and
former participant data provided
by counties to wage data.
Understanding Improve program delivery and WIC § 10540.5 EDD Base Re-disclosure to 2018 -
Utilization Across outcomes by better WIC § 10541 Wage File California Policy Lab ongoing
Safety Net Programs understanding the holistic WIC § 10850-10851 (CPL), headquarters at
package of social safety net WIC § 11520-11521.5 University of California,
programs utilized by Los Angeles (using
CalWORKs and CalFresh hashed identifiers)
recipients.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 13 of 25
EDD Agreement No. 0000000308
CDSS No. 22-2003
EDD/CDSS
Customer Code: E00096, E00097
Page 5 of 6
ATTACHMENT A-2
(Interagency Agreement)
Statutory Timeline
Authority/Reference Internal Use or
Project/Report Description to Use Data Data Used Re-disclosure
Mobility Through Inform policymaking by WIC § 10540.5 EDD Base Re-disclosure to Public 2019-
CalFresh and CalWORKs WIC § 10541 Wage File Policy Institute of Ongoing
which SNAP and TANF buffer understanding the extent WIC § 10850-10851 Employer Data California (PPIC)
§WIC 11520-
children against poverty, 11 § 1
evaluate the ways in which
families combine earnings with
program benefits to make ends
meet, and seek to identify
distinctive differences across
children's ages and across
regions and counties in the
State.
Home Visiting Program UIC Section 1095(ai) EDD Base Re-disclosure to University 2020 -
(HVP) Evaluation Identify existing and establish Wage File, of California, San 2023
additional outcome measures for Agriculture Act of UI/DI Francisco
the CalWORKs HVP to evaluate 2014 (P.L. 113-79,
the program's effectiveness in Section 4022)
promoting family self-sufficiency. WIC 10850
Racial Equity in Service Study racial equity in UIC Section 1095(ai) EDD Base Re-disclosure to California 2021 -
Delivery CaIWORKs' service delivery Agriculture Act of Wage File Policy Lab (CPL), 2023
systems to inform program 2014 (P.L. 113-79, headquarters at University
improvement. Section 4022) of California, Los Angeles
(using hashed identifiers)
WIC § 10850
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 14 of 25
EDD Agreement No. 0000000308
CDSS No. 22-2003
EDD/CDSS
Customer Code: E00096, E00097
Page 6 of 6
ATTACHMENT A-2
(Interagency Agreement)
Statutory Internal Use or Timeline
Project/Report Description Authority/Reference Data Used Re-disclosure
Expanding Access to UIC Section 1095(ai) EDD Base Re-disclosure to California 2021 —
SNAP Investigate the extent to which Wage File PolicyLab (CPL)
, g
SNAP benefits provided throughAugust
CalFresh enrollment improves Agriculture Act of headquarters at University 2023
health outcomes, reduces health
2014 (P.L. 113-79, California of Los Angeles Section 022 4
care expenditures, and improves ) (using hashed identifiers)
capacity to age in place among WIC § 10850
older adult, SSI recipients.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 15 of 25
EDD Agreement No. 0000000308
Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 1 of 4
EXHIBIT B
(Interagency Agreement)
I. BUDGET DETAILS AND PAYMENT PROVISIONS
a. The maximum amount of this Agreement shall not exceed One Hundred Thirteen Thousand
Three Hundred Twenty-Three Dollars and Thirty-Six Cents ($113,323.36).
• FY 22/23 - $46,809.12
• FY 23/24 - $33,257.12
• FY 24/25 - $33,257.12
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 CDSS shall
reimburse the EDD the total amount due, based on the following product rate structure plus
administrative costs for contracting:
• The administrative costs for contracting include the costs for development, processing, and
maintenance of an Agreement which averages $1,500 per agreement. Your Agreement will be
charged an administrative cost of$125.00 per quarter for a 3-year Agreement. These costs are
computed in accordance with sections 8752 and 8752.1 of the State Administrative Manual.
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; and
• The following rate chart will apply for the mass media Abstract process:
.......................................................................................................................................................................................................................................................................
If the cumulative € Then the cost for Current € Then the cost for
number of requested Data and Archive Wages Archive UI/DI Data
products per quarter per requested product per requested product
is: shall be: shall be:
1 —250 $.50101 $1.00202
..................................................................................................................................................................................<...................................................................................
251 — 2,000 0.12621 0.25242
.....................................................................................................................................................................................................................................................................
2,001 — 10,000 0.02163 0.04326
.....................................................................................................................................................................................................................................................................
10,001 —250,000 0.00510 0.0102
.....................................................................................................................................................................................................................................................................
250,001 — 1 Million 0.00146 0.00146
.....................................................................................................................................................................................................................................................................
More than 1 Million 0.00121 0.00121
....................................................................................................................................................................................:...................................................................................;
c. The CDSS shall be charged for the total number of products requested. Each SSN submitted may
generate 1 to 5 products, depending on the types of ABS reports requested.
d. The maximum amount of this Agreement has been computed based on a total of an estimated
6,768,000 SSNs per quarter, as well as a special one-time request of 5,600,000 SSNs, (billing will
be at actual value based on volume), as follows:
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 16 of 25
EDD Agreement No. 0000000308
Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 2 of 4
EXHIBIT B
(Interagency Agreement)
EDD ABSTRACT FORMULA COST
Current Wages 1 product 6,504,000 x .00121 x 12Q $94,438.08
UI Claim History-Current 1 product 10,000 x .00121 x 12Q $145.20
UI Claim History— 2-4 ears 1 product 5,600,000 x .00121 x 1Q $6,776.00
UI Claim History— 4-7 ears 1 product 5,600,000 x .00121 x 1Q $6,776.00
Archive Wages 1 product 254,000 x .00121 x 12Q $3,688.08
Administrative Fees $1,500.00
Total for 3-year contract $113,323.36
e. The EDD Invoices will reference the EDD Agreement No. 0000000308, the CDSS Agreement
No. 22-2003 and the EDD customer code E00096 and E00097; and shall be submitted for
payment to:
Christopher Daniels
Chief, Data Stewardship Section
744 P Street, MS 8-5-26
Sacramento, CA 95814
DataAccessUnit@dss.ca.gov
f. The CDSS payment must reference the EDD Invoice Number, the EDD Agreement number
0000000308, the CDSS Agreement No. 22-2003 and the EDD customer code E00096 and
E00097; and be submitted to:
Employment Development Department
Accounting Section, MIC 70
P.O. Box 826217
Sacramento, CA 94230-6217
Pursuant to Office of Management and Budget(OMB) Circular A-133, the Contractor shall provide the
sub-recipients with the Catalog of Federal Domestic Assistance (CFDA) Number and Program Title.
Invoices shall also include the following CFDA Number and Program Title:
CFDA Number: 93.658
CFDA Program Title: Foster Care -- Title IV-E
CFDA Number: 93.558
CFDA Program Title: Temporary Assistance for Needy Families (TANF)
CFDA Number: 10.551
CFDA Program Title: Supplemental Nutrition Assistance Program (SNAP)
Any invoices submitted without the above referenced information may be returned to the Contractor
for further re-processing.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 17 of 25
EDD Agreement No. 0000000308
Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 3 of 4
EXHIBIT B
(Interagency 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. If payment has not been received for a non-disputed invoice within 60 days of the invoice date,
the EDD, in accordance with section 11255 of the Government Code, will provide the CDSS
with a 30-day notification of its intent to initiate a Transaction Request with the State Controller's
Office to transfer funds from the CDSS to the EDD.
For the purpose of transferring funds, the CDSS shall provide the following appropriation data to the
EDD:
Fund Number: 0001
Organization Code: 5180
Fiscal Year(s): 22/23, 23/24, 24/25
Category or Program: 9999
If applicable, the CDSS will additionally provide the Element, Component, and
Task:
Element: N/A
Component: N/A
Task: N/A
i. 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.
II. STATE BUDGET CONTINGENCY CLAUSE
a. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered
under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be
of no further force and effect. In this event, the CDSS shall have no liability to pay any funds
whatsoever to Contractor or to furnish any other considerations under this Agreement and
Contractor shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,
the CDSS shall have the option to either cancel this Agreement with no liability occurring to the
CDSS, or offer an agreement amendment to Contractor to reflect the reduced amount.
III. FOR CONTRACTS WITH FEDERAL FUNDS
a. It is mutually understood between the parties that this Agreement may have been written before
ascertaining the availability of Congressional appropriation of funds, for the mutual benefit of both
parties, in order to avoid program and fiscal delays which would occur if the Agreement were
executed after that determination was made.
b. This Agreement is valid and enforceable only if sufficient funds are made available to the CDSS by
the United States Government for the term of this Agreement for the purposes of this program. In
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 18 of 25
EDD Agreement No. 0000000308
Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 4 of 4
EXHIBIT B
(Interagency Agreement)
addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by
the Congress or any statute enacted by the Congress which may affect the provisions, terms, or
funding of this Agreement in any manner.
c. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this
Agreement shall be amended to reflect any reduction in funds.
d. The CDSS has the option to invalidate the Agreement under the 30-day cancellation clause or to
amend the Agreement to reflect any reduction of funds.
IV. REVIEWS
Each party reserves the right to review service levels and billing procedures as these impact charges
against this Agreement.
V. FINAL BILLING
Invoices for services must be received by the CDSS within 90 days following each state fiscal year, or
90 days following the end of the contract term, whichever comes first. The final invoice must include the
statement "Final Billing."
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 19 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 1 of 1
EXHIBIT D
(Interagency 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 business 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.
Special Terms and Conditions(Rev 02-2022)
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 20 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 1 of 3
EXHIBIT E
(Interagency 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 CDSS 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 CDSS 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)
• California Welfare and Institutions Code §10850 (Records)
d. The EDD and the CDSS mutually agree to indemnity each other against any loss, cost, damage or
liability resulting from violations by their respective employees or agents 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.
g. Immediately upon discovery, notify the EDD Information Security Office (ISO) at
InformationSecuritvOfficeCcDedd.ca.gov, that there may have been a breach in security which has or
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 21 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 2 of 3
EXHIBIT E
(Interagency Agreement)
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 CDSS personnel responsible (name, title and contact information)
for handling breach disclosures. Please do not include any confidential information in the
notification.
II. MANAGEMENT SAFEGUARDS
a. Acknowledge that the confidential information obtained by the CDSS 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 their
respective agency's comparable Confidentiality Statement.
d. Return the following completed documents to the EDD Contract Services Group:
• The EDD Confidentiality Agreement (Attachment E-1): Require to be completed by the CDSS
Information Security Officer or authorized Management Representative.
• The EDD Indemnity Agreement (Attachment E-2): Required to be completed by the CDSS Chief
Financial Officer or authorized Management Representative.
• 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 CDSS's
respective Confidentiality Statement 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 M 137(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
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 22 of 25
EDD Agreement No. 0000000308
CDSS Agreement No. 22-2003
EDD/CDSS
Customer Code: E00096/E00097
Page 3 of 3
EXHIBIT E
(Interagency Agreement)
reproduced, published, sold, or released in original or any other form not specifically authorized under
this 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 CDSS 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
CDSS, 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.
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 23 of 25
Employment EDD Agreem ent No.0000000308
EDDDevelopment CDSS Agreement No.22-2003
Department EDD/CDSS
EDD Customer Code No.
State of California ATTACHMENT NO.E-1
Page 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
CON FIDENTIALITYAGREEMENT
Information resources maintained by the State of California Employment Development Department(EDD)and provided to your agen cy 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,disdosure, 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.
Gregory Nelson employee of California Department of Social Services
PRINT YOUR NAME PRINT YOUR EMPLOYER'S NAME
hereby acknowledgethatthe confidential and/orsensitive records of the Employment Development Department are subjectto strict confidentiality requirements
imposed by state and federal law include the Unemployment Insurance Code(UIC)§§1094and 2111,the California Civil Code(CC)§1798 et seq.,the
/eji mla 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 confident iality and security
INffr requirements,policies,and administrative processes of my organization and of the EDD.
1 Acknowledge responsibility for knowing the classification of the EDD information I work with and agree to referquestions about the classification
of the EDD information(public,sensitive,confidential)to the person the Contractassigns responsibility forthe security and confidentiality of
the EDD's data.
l Acknowledge responsibility for knowing the privacy,confidentiality,and data security laws that apply to the EDD informationI have been granted
access to by my employer,including UIC§§1094and 2111,California Government Code§15619,CC§1798.53,and PC§502.
Acknowledge that wrongful access,use,modification,or disclosure of confidential information maybe punishable as a crime and/or result in
INTRZ disciplinary and/or civil action taken against me—including butnot limited to:reprimand,suspension without pay,salary reduction,
demotion,ordismissal—and/orfines and penalties resulting from criminal prosecution orcivil lawsuits,and/ortermination of contract.
Acknowledge that wrongful access,inspection,use,ordisdosure of confidential information for personal gain,curiosity,or any non-business
IN related reason is a crime understate and federal laws.
Acknowledge that wrongful access,use,modification,ordisdosure of confidential information is grounds for immediate terminationofmy
organization's Contract with the EDD.
Agree to protect the following types of the EDD confidential and sensitive information:
• Wage Information 0 Applicant Information
• Employer I nformation • Proprietary Information
• Claimant Information • Operational Information(manuals,guidelines,procedures)
• Tax Pee to pformation
l Hereby agreeto rotectthe E DD's information on either paper or electronic form by:
Accessing or using the EDD supplied information only as specified in the Contract forthe 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 orwith anyone who does not have the need to know.
Placing sensitive orconfidential information only in approved locations.
Never removing sensitive orconfidential information from the work site withoutauthorization.
Following encryption requirements forall personal,sensitive,orconfidential information in any portable device ormedia.
"I certify that I have read and initialed the confidentiality statements 'nte a ove and will abide by them."
Gregory Nelson
Print Full Name(last,first,MI) Signature
California Department of Social Services 4/15/2022
Print Name of Requesting Agency Date Signed
Check the appropriate box:
❑ Employee ❑ Student
❑ Subcontractor ❑ Volunteer
❑ Other
Explain
AttachmentE-1 [Rev 11-2021]
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 24 of 25
i Employment EDD Agreement No.0000000308
EDDDevelopment CDSS Agreement No. 22-2003
Department EDD Customer Code No.E00096/E00097
State of California EDD/CDSS
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,
California Department of Social Services
(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:
California Department of Social Services
(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).
1 certify that I have read, understand, and agree with the above terms.
SIGNED BY REQUESTING ENTITY REPRESENTATIVE
Aaron Knowles
Print Full Name Signature
Chief, Purchasing &Information Technology Section 5-19-2022
Print Title Date Signed
California Department of Social Services EDD
Print Name of Requesting Entity Enter Name Governmental Sponsor/Entity
Attachment E-2[Rev 11-2021]
Agreement 22-1022 Exhibit F
CDSS/County of Fresno Department of Social Services Page 25 of 25
l Employment EDD Agreement No.0000000308
9DO Development CDSS Agreement No.22-2003
Department EDD Customer Code No.E00096/E00097
EDD/CDSS
State of California ATTACHMENT NO.E-3
Page 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
STATEMENTOF RESPONSIBILITY
INFORMATION SECURITY CERTIFICATION
We, the Information Security Officer and the Section Chief hereby certify that the CDSS 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
CDSS therefore accepts responsibility for ensuring compliance with these requirements, as set forth in Exhibit"E"
of the EDD Agreement No. 0000000308.
SIGNATURE
SIGNATURE
Gregory Nelson Jennifer Espera
PRINT NAME PRINT NAME
Information Security Officer Research Data Specialist II
PRINT TITLE PRINT TITLE
916-651-5551 916-651-05781
TELEPHONE NUMBER TELEPHONE NUMBER
Gregory.Nelson@dss.ca.gov Jennifer.Espera@dss.ca.gov
E-MAI L AD D RESS E-MAI L AD D RESS
4/15/2022 05/25/2022
DATE SIGNED DATE SIGNED
NOTE: Return this Information Security Certification to the EDD Contract Manager with the signed
copies of the Contract.
1. Information Security Certification received by:
EDD CONTRACT MANAGER NAME DATE RECEIVED
2. The EDD information asset access approved by:
CONTRACT MANAGEROR 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 CDSS.
Attachment E-3 [Rev 11-2021]