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HomeMy WebLinkAboutAgreement A-24-079 EDD Agreement.pdf SCO ID: Agreement No.24-079 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) 0000000508 1.This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Employment Development Department CONTRACTOR NAME Fresno County District Attorney's Office 2.The term of this Agreement is: START DATE July 1,2024,or upon final approval,whichever is later THROUGH END DATE June 30,2027 3.The maximum amount of this Agreement is: $1,932.73(One Thousand Nine Hundred Thirty-Two Dollars and Seventy-Three Cents) 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 3 Attachment Specifications 3 A-1 Exhibit B Budget Detail and Payment Provisions 1 Exhibit C* General Terms and Conditions GTC 04/2017 Exhibit D Special Terms and Conditions 1 Exhibit E Protection of Confidentiality 3 + Attachment Vendor/Contractor Confidentiality Agreement 1 - E-1 + Attachment E 2 Indemnification and Responsibility Agreement 1 Items shown with an asterisk(*),are hereby incorporated by reference and made part o this agreement as ifattached hereto. These documents can be viewed at https://www.dgs.ca.gov/OLS/Resources 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.) Fresno County District Attorney's Office CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 2100 Tulare Street Fresno CA 93721 PRINTED NAME OF PERSON SIGNING TITLE Nathan Magsig Chairman,Board of Supervisors CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED February 20, 2024 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State ofCalifornia By jkkA— c�, 't JALz__ Deputy Page 1 of 2 SCO ID: STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.04/2020) 0000000508 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Employment Development Department CONTRACTING AGENCY ADDRESS CITY STATE ZIP 722 Capitol Mall,MIC 62-C Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Karen Harlan Manager,Contract Services Group CONTRACTING AGENCY AUTHORIZED SIGNATURE Digitally signed by Karen DATE SIGNED Karen Harlan Da Datte:e: rlan 2024.02.26 09:53:14-08'00' CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) DGS Exemption Letter No.54.6 Page 2of2 EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 1 of 3 EXHIBIT A (Standard Agreement) This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and the Fresno County District Attorney's Office, hereinafter referred to as the EDD Data Recipient. It sets forth the terms and conditions for the release and use of the EDD's confidential information. SCOPE OF WORK I. Purpose The EDD Data Recipient agrees to use the EDD confidential information solely for locating any victim, suspect, missing person, potential witness, or person for whom a felony arrest warrant has been issued, when a request for this information is made by any investigator or peace officer as defined by Section 830.1 of the Penal Code, and when the requesting officer has been designated by the head of the law enforcement agency and requests this information in the course of and as a part of an investigation into the commission of a crime when there is a reasonable suspicion that the crime is a felony and that the information would lead to relevant evidence. II. Legal Authority The EDD shall make this information available to the EDD Data Recipient pursuant to section 1095(i) of the Unemployment Insurance Code (UIC). The EDD Data Recipient shall request and use the specified information in accordance with section 1095(i) of the UIC and section 830.1 of the California Penal Code. The EDD Data Recipient's use of confidential information received from the EDD per this Agreement shall be consistent with the limitations set forth by the California Trust Act (California Government Code sections 7282 et seq.) and the California Values Act (California Government Code sections 7284 et seq.) III. Term Dates The term of the Agreement is July 1, 2024 through June 30, 2027. Exhibit A(Rev 07-23) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 2 of 3 EXHIBIT A (Standard Agreement) IV. Agreement Representatives 1. The EDD's contact persons are: AGREEMENT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE Christopher Arillo or Designee Employment Development Department Cybersecurity Division, MIC 33 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 907-4643 E-mail: Christopher.Arillo(a�edd.ca.gov cc: ISOPrivacVDisclosureUnit(c�edd.ca.gov FISCAL Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 Phone: (916) 654-9440 2. The EDD Data Recipient contact persons are: AGREEMENT NEGOTIATIONS, AND ADMINISTRATION MATTERS Ruth Falcon, Supervising Accountant or Designee Fresno County District Attorney's Office 2100 Tulare Street Fresno, CA 93721 Phone: (559) 600-4464 E-mail: rfalcon(a)fresnocountyca.gov FISCAL MATTERS Fresno County District Attorney's Office Business Office 2100 Tulare Street Fresno, CA 93721 Phone: (559) 600-4447 Exhibit A(Rev 07-23) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 3of3 EXHIBIT A (Standard Agreement) DATA SECURITY AND INTEGRITY Benito Castellanos, Supervising District Attorney Investigator Fresno County District Attorney's Office 2100 Tulare Street Fresno, CA 93721 Phone: (559) 600-4428 E-mail: bcastellanos(a)fresnocountyda.gov INTERNAL REQUEST AND DISTRIBUTION OF THE EDD PRODUCTS Jesus Perez, Senior District Attorney Investigator Fresno County District Attorney's Office 2100 Tulare Street Fresno, CA 93721 Phone: (559) 600-4371 E-mail: jeperez(a�fresnocountyca.gov 3. Either party may make changes to their contact persons' name or contact information listed above by giving written notice to the other party. Said changes shall not require an amendment to this Agreement. Exhibit A(Rev 07-23) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 1 of 3 ATTACHMENT A-1 (Standard Agreement) SPECIFICATIONS I. METHODOLOGY: CALIFORNIA DEPARTMENT OF TECHNOLOGY SERVICES SECURE ELECTRONIC TRANSMITTAL SERVICE 1. The EDD Data Recipient submits a request for EDD confidential data under Customer Code E00561 following the EDD specifications through the end-to-end encrypted, Secure Electronic Transmittal service hosted by the California Department of Technology Services (CDT). 2. The EDD retrieves and processes the Social Security Numbers (SSNs) submitted by the EDD Data Recipient. 3. On matching records the EDD produces the data files authorized under this agreement under the assigned customer code and submits the data files to the attention of the EDD Data Recipient through the secure electronic transmittal system. 4. The EDD Data Recipient retrieves the output data files from the secure electronic transmittal system within twenty (20) days of transfer. 5. On a quarterly basis the EDD invoices the EDD Data Recipient for all SSN transactions submitted and the cost of the secure electronic transmittal account. II. RESPONSIBILITIES 1. The EDD agrees to: a. Set up a user account and password under the assigned customer code for the EDD Data Recipient to access the CDT secure electronic transmittal system. b. Provide training to the EDD Data Recipient to assist the EDD Data Recipient in the implementation of the secure electronic transmittal process. c. Provide user account administration to reset password, unlock user account, and/or modify user account. To request User Account support submit an email message to: Christopher.Arillo(c�edd.ca.gov cc: ISOPrivacyDisclosureUnit(aD-edd.ca.gov d. Retrieve the EDD Data Recipient input file from the secure electronic transmittal temporary file storage repository on a daily basis and run the input file against the EDD databases. e. Provide the EDD Data Recipient the following Read Ready Abstract data files for those individuals whose submitted SSN match the EDD records: (1) Locator Report f. Transfer the response data file to the EDD Data Recipient, through the secure electronic transmittal system under the output Data Set Name (DSN), using the numerical values of the assigned customer code(s) to replace the X characters: Locator Report: em_abs_abs251_sftrpts_absXXXXX g. Retain the output data file for a period of twenty (20) calendar days in the secure electronic transmittal temporary file repository. On the 21 st day, the data file is automatically deleted. h. Invoice the EDD Data Recipient on a quarterly basis for all SSN transactions submitted and secure electronic transmittal account cost. SAFE Attachment A-1(Rev 06-23) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 2 of 3 ATTACHMENT A-1 (Standard Agreement) i. Monitor and assess status of the data to ensure that the terms, conditions, and disclosure constraints stipulated in this Agreement are followed. This compliance review is part of the EDD contract monitoring process. 2. The EDD Data Recipient agrees to: a. Establish a new password at first logon to the user account. b. Change the user account password on or before 90 days, after which the account will be locked. A limit of five attempts to enter the password is allowed after which the account will be locked. To request User Account support submit an email message to: Christopher.Arillo(a)_edd.ca.gov cc: ISOPrivacyDisclosureUnit(aD-edd.ca.gov c. Request the file(s) authorized in this Agreement on an as needed basis during the period specified herein. The number of requests (SSNs) shall not exceed one million (1,000,000) SSNs on any daily cycle. Requests exceeding one million (1,000,000) SSNs will process the first one million (1,000,000) SSNs only. SSNs in excess of one million (1,000,000)will be discarded and the EDD Data Recipient will need to resubmit in a future cycle. d. Upload the request file into the secure electronic transmittal temporary file storage repository, on an as needed basis, under the input DSN. Use the numerical values of each assigned customer code to replace the X characters: em_abs_abs010_abs req_absXXXXX e. Retrieve the response data file from the secure electronic transmittal temporary file storage repository within twenty (20) calendar days from submission. On the 21 st day, the data file is automatically deleted. f. Delete the retrieved response data file from the secure electronic transmittal temporary file storage repository before submitting a new request. g. Adhere to the EDD security and confidentiality requirements as identified in Exhibit E, including, but not limited to, ensuring that all staff assigned to work with the information provided by the EDD understand the confidential nature of the information and have signed the EDD Vendor/Contractor Confidentiality Statement (Attachment E-1). h. Pursuant to 20 C.F.R., Part 603.10(c)(1), if the EDD Data Recipient 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 EDD Data Recipient shall surrender to the EDD all confidential information obtained under this Agreement which has not been previously returned to the EDD, and any other information relevant to the Agreement. 3. Joint Responsibilities. Both parties agree to: a. Designate staff to have primary responsibility for program liaison, coordination of activities, and to meet, when necessary, to further redefine specific program procedures. b. Not disclose any of the EDD or the EDD Data Recipient information to any person or agency other than those authorize specifically under this Agreement. c. Cooperate fully and furnish such assistance as may be mutually agreed upon by the parties hereto as being necessary and appropriate for proper performance of this Agreement. SAFE Attachment A-1(Rev 06-23) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 3 of 3 ATTACHMENT A-1 (Standard Agreement) III. ACCURACY ASSESSMENT Individual employers and claimants report the information in the EDD's files. Since the EDD is not the originator of the information disclosed, the EDD cannot guarantee the accuracy of the information. SAFE Attachment A-1(Rev 06-23) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 1 of 1 EXHIBIT B (Standard Agreement) I. BUDGET DETAILS AND PAYMENT PROVISIONS a. The maximum amount of this Agreement shall not exceed One Thousand Nine Hundred Thirty-Two Dollars and Seventy-Three Cents ($1,932.73). 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 EDD Data Recipient shall reimburse EDD the total amount due, based on the following product rate structure: • $36.00 per quarter SIFT Account Fee • A $1,500.00 Administrative Fee. The administrative costs for contracting include the costs for development, processing, and maintenance of Agreement. Your Agreement will be charged the administrative cost divided by the number of quarters of the actual term of the contract to total $1,500. These costs are computed in accordance with sections 9210 and 9211 of the State Administrative Manual; and • $0.00121 per product charge c. The EDD Data Recipient shall be charged for the total number of products requested. Each SSN submitted may generate 1 LE 1095(i) Locator Report. d. The maximum amount of this Agreement has been computed based on an estimated 25 SSNs per quarter (billing will be at value based on actual volume), as follows: EDD ABSTRACT FORMULA COST Locator Report 2 products 25 x 0.00242 x 12Q $0.73 Client Address/Employer Address Administrative Fees $1,500.00 SFT Account Fee 1 E-Codes x $36.00 x 12 Quarter $432.00 Total for contract $1,932.73 e. The EDD invoices will reference the EDD Agreement No. 0000000508, and the EDD Customer Code: E00561; and shall be submitted for payment to: Fresno County District Attorney's Office Business Office 2100 Tulare Street Fresno, CA 93721 f. The EDD Data Recipient payment must reference the EDD Invoice Number, EDD Agreement No. 0000000508, and the EDD Customer Code: E00561; and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 Exhibit B(Rev 01-24) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 1 of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Force Maiieure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and riots, and acts of god such as earthquakes, floods, pandemics and other natural disasters, such that performance is impossible. 2. Workforce Innovation and Opportunity Act The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, parts 37 and 38. 3. Termination This Agreement may be terminated by either party by giving written notice 30 days prior to the effective date of such termination. 4. Settlement of Disputes Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. 5. Executive Order N-6-22 — Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. Special Terms and Conditions(Rev 02-2023) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 1 of 3 EXHIBIT E (Standard Agreement) PROTECTION OF CONFIDENTIALITY Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD's confidential information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. The EDD Data Recipient 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 EDD Data Recipient will comply with all applicable statutes, rules and/or regulations, and Agreement information security requirements, including but not limited to the following: • California Unemployment Insurance Code §1094 (Disclosure Prohibitions) • Title 20, Code of Federal Regulations §603.9 and §603.10 (Federal Unemployment Compensation Safeguards and Security Requirements) • California Civil Code §1798, et seq. (Information Practices Act) • California Penal Code §502 (Computer Fraud Act) • Title 5, U.S. Code §552a (Federal Privacy Act Disclosure Restrictions) • Title 42, U.S. Code §503 (Social Security Act) • Title 18, U.S. Code §1905 (Disclosure of Confidential Information) d. Agree to indemnify the EDD against any loss, cost, damage or liability resulting from violations of these applicable statutes, rules and/or regulations by the EDD Data Recipient, and Agreement information security requirements that meet section 5305.8 of the State Administrative Manual. e. Protect the EDD's information against unauthorized access, at all times, in all forms of media. Access and use the information obtained under this Agreement only to the extent necessary to assist in the valid administrative needs of the program receiving such information, and only for the purposes defined in this Agreement. f. Keep all the EDD's confidential information completely confidential. Make this information available to authorized personnel on a "need-to-know" basis, and only for the purposes authorized under this Agreement. "Need-to-know" refers to those authorized personnel who need information to perform their official duties in connection with the use of the information authorized by this Agreement. Confidentiality Requirements(Rev 07-2023) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 2 of 3 EXHIBIT E (Standard Agreement) g. Immediately upon discovery, notify the EDD Cybersecurity Division at InformationSecuritvOffice(,@-edd.ca.gov, that there may have been a breach in security which has or may have resulted in the disclosure of confidential information. For purposes of this section, immediately is defined within 24 hours of discovery of the breach. The notification must include a detailed description of the incident (such as time, date, location, and circumstances) and identify the EDD Data Recipient personnel responsible (name, title and contact information) for handling breach disclosures. Please do not include any confidential information in the notification. h. The EDD shall maintain the right to participate in the investigation of a security incident involving its data or conduct its own independent investigation. The EDD Data Recipient shall cooperate fully in such investigations. II. MANAGEMENT SAFEGUARDS a. Acknowledge that the confidential information obtained by the EDD Data Recipient under this Agreement remains the property of the EDD. b. Instruct all personnel assigned to work with the information provided under this Agreement regarding the following: • Confidential nature of the EDD information. • Requirements of this Agreement. • Sanctions specified in federal and state unemployment compensation laws and any other relevant statutes against unauthorized disclosure of confidential information provided by the EDD. c. Require that all personnel assigned to work with the information provided by the EDD complete the EDD Vendor/Contractor Confidentiality Statement (Attachment E-1). d. Permit the EDD to make on-site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD staff, on request and during on-site reviews, copies of the EDD Vendor/Contractor Confidentiality Statement (Attachment E-1) completed by personnel assigned to work with the EDD's confidential information, and hereby made a part of this Agreement. e. Maintain a system of records sufficient to allow an audit of compliance with the requirements under subsection (e) of this part. Permit the EDD to make on-site inspections to ensure that the requirements of federal and state privacy, confidentiality and unemployment compensation statutes and regulations are being met including but not limited to �1137(a)(5)(B) of the Social Security Act. III. USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS a. Use the EDD's confidential information only for purposes specifically authorized under this Agreement. The information is not admissible as evidence in any action or special proceeding except as provided under section 1094(b) of the UIC. Section §1095(u) of the UIC does not authorize the use of the EDD's confidential information by any private collection agency. b. Extraction or use of the EDD information for any purpose outside the purposes stated in this Agreement is strictly prohibited. The information obtained under this Agreement shall not be reproduced, published, sold, or released in original or any other form not specifically authorized under this Agreement. Confidentiality Requirements(Rev 07-2023) EDD Agreement No. 0000000508 EDD/Fresno County District Attorney's Office EDD Customer Code: E00561 Page 3 of 3 EXHIBIT E (Standard Agreement) c. Disclosure of any of the EDD information to any person or entity not specifically authorized in this Agreement is strictly prohibited. Personnel assigned to work with the EDD's confidential information shall not reveal or divulge to any person or entity any of the confidential information provided under this Agreement except as authorized or required by law. The EDD Data Recipient shall immediately notify and work cooperatively with the EDD to respond timely and correctly to public records act requests that it receives related to information obtained under this Agreement. Access to public records is governed by the California Public Records Act, Government Code §7920-7931. 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 EDD Data Recipient 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 information 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 EDD Data Recipient, after the purpose for which the confidential information is disclosed is served. Disposal means return of the confidential information to the EDD or destruction of the information utilizing an approved method of confidential destruction, which includes electronic deletion (following Department of Defense specifications) shredding, burning, or certified or witnessed destruction. Confidentiality Requirements(Rev 07-2023) Employment EDD Agreement No. 0000000508 EDDDevelopment EDD/Fresno County District Attorney's Office Department EDD Customer Code: E00561 Slate of California Page 1of1 ATTACHMENT E-1 (Standard Agreement) VENDOR/CONTRACTOR CONFIDENTIALITY STATEMENT Information resources maintained by the State of California Employment Development Department(EDD)and provided to you may be confidential or sensitive. Confidential and sensitive information are not open to the public and require special precautions to protect it from wrongful access, use, disclosure, modification,and destruction. The EDD strictly enforces information security. If you violate these provisions, you may be subject to administrative, civil, and/or criminal action. Benito Castellanos an employee of Fresno County District Attorney's Office PRINT YOUR NAME PRINT YOUR EMPLOYER'S NAME hereby acknowledge that the confidential and/or sensitive records of the Employment Development Department are subject to strict confidentiality requirements imposed by state and federal law including, but not limited to, Unemployment Insurance Code (UIC)§§ 1094,2111 and 2714; California Civil Code (CC)§ 1798 et seq.; California Penal Code (PC)§502'. 5 United States Code(U.S.C.)§552a, 18 U.S.C. § 1905'. and 20 Code of Federal Regulations(C.F.R.)§603 et seq. • 1 acknowledge that the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security requirements, policies, and administrative processes of my organization and that of the EDD. • 1 acknowledge responsibility for knowing the classification of the EDD information I work with and agree to refer questions about the classification of the EDD information (public, sensitive, confidential, Federal Tax Information)to the Contract's Data Security Monitor. 1 acknowledge privacy,confidentiality, and data security laws apply to the EDD information I have been granted access to by my employer, including, but not limited to, UIC §§ 1094, 2111, and 2714, Government Code§ 15619. CC § 1798.531 and PC §502, • 1 acknowledge that wrongful access, inspection, use, modification, or disclosure of confidential information may be punishable as a crime and/or result in civil action taken against me, and/or fines and penalties resulting from criminal prosecution or civil lawsuits, and/or termination of contract. • 1 acknowledge that wrongful access, inspection, use. modification, or disclosure of confidential information for personal gain, curiosity, or any non-business related reason is a crime under state and federal laws. • I acknowledge that wrongful access, inspection, use, modification, or disclosure of confidential information is grounds for immediate termination of my employer's Contract with the EDD. • 1 acknowledge that I understand the penalty provisions of Internal Revenue Code(26 U.S.C. §§7431, 7213, and 7213A). • I acknowledge that upon discovering a possible improper inspection or disclosure of Federal Tax Information(FTI), including breaches and security incidents. I must follow the proper incident reporting requirements issued by the EDD. If I think there is a mishandling of information I will contact my EDD contract monitor and contact the EDD Cybersecurity Division to ensure the Office of Safeguards and the Treasury Inspector General for Tax Administration are notified of a possible issue involving FTI. • 1 hereby agree to protect the EDD's information on either paper or electronic form in the following ways • Access, inspect, use, disclose, modify, remove or destroy information only for the purpose of performing official duties • Never access, inspect, use, disclose, modify, remove, or destroy information for curiosity, personal gain, or any non-EDD and/or my organization's business related reason • Never post the EDD and/or other agency/entity confidential and proprietary information to social media, networking or other public websites • Secure confidential information in approved locations and destroy confidential information by approved methods • Never use personal devices, including but not limited to, laptops, cameras, video recorders, portable electronic devices containing cameras such as, iPads, tablets and mobile smartphones, in the workplace to capture or record confidential information, including that which appears in the background in work areas • Only use authorized state business devices to capture or record confidential information when there is a business need and meets the EDD's guidelines • Never remove personal, sensitive, or confidential information from my work site without authorization • Follow encryption requirements for all personal, sensitive, or confidential information in any portable device or media. CERTIFICATION I expressly consent to the monitoring of my access to computer-based sensitive, personal,or confidential information by the Franchise Tax Board,the Employment Development Department,the California Department of Tax and Fee Administration,the Department of Motor Vehicles,the Board of Equalization,and any other State agency designated by them. My signature verifies that I read and agree to comply with the state and federal laws listed on this form.I further understand that failure to comply with these laws may result in my being barred from accessing the EDD information or other information provided by the EDD and could result in criminal prosecution. CONTRACTOR NAME(PRINT) EMPLOYER(PRINT COMPANY NAME) Benito Castel os Fresno County District Attorney's Office TR TOR JNAT R) i DATE Attachment E-1 (Rev.05-23) Page 1 of 1 �\ Employment EDD Agreement No. 0000000508 EDDDevelopment EDD/Fresno County District Attorney's Office Department EDD Customer Code: E00561 State of California Page 1of1 ATTACHMENT E-1 (Standard Agreement) VENDOR/CONTRACTOR CONFIDENTIALITY STATEMENT Information resources maintained by the State of California Employment Development Department(EDD)and provided to you may be confidential or sensitive. Confidential and sensitive information are not open to the public and require special precautions to protect it from wrongful access, use, disclosure, modification, and destruction. The EDD strictly enforces information security. If you violate these provisions, you may be subject to administrative, civil, and/or criminal action. Jesus Perez an employee of Fresno County District Attorney's Office PRINT YOUR NAME PRINT YOUR EMPLOYER'S NAME hereby acknowledge that the confidential and/or sensitive records of the Employment Development Department are subject to strict confidentiality requirements imposed by state and federal law including, but not limited to, Unemployment Insurance Code (UIC)§§ 1094, 2111 and 2714; California Civil Code(CC) § 1798 et seq.; California Penal Code(PC)§502, 5 United States Code(U.S.C.)§552a; 18 U.S.C. § 1905; and 20 Code of Federal Regulations(C.F.R.) §603 et seq. • I acknowledge that the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security requirements, policies, and administrative processes of my organization and that of the EDD. • I acknowledge responsibility for knowing the classification of the EDD information I work with and agree to refer questions about the classification of the EDD information (public, sensitive, confidential, Federal Tax Information)to the Contract's Data Security Monitor. • 1 acknowledge privacy, confidentiality, and data security laws apply to the EDD information I have been granted access to by my employer, including, but not limited to, UIC§§ 1094, 2111, and 2714; Government Code§ 15619, CC§ 1798.53; and PC§502, • 1 acknowledge that wrongful access, inspection, use, modification, or disclosure of confidential information may be punishable as a crime and/or result in civil action taken against me, and/or fines and penalties resulting from criminal prosecution or civil lawsuits, and/or termination of contract. • 1 acknowledge that wrongful access, inspection, use, modification, or disclosure of confidential information for personal gain, curiosity, or any non-business related reason is a crime under state and federal laws. • I acknowledge that wrongful access, inspection, use, modification, or disclosure of confidential information is grounds for immediate termination of my employer's Contract with the EDD. 1 acknowledge that I understand the penalty provisions of Internal Revenue Code(26 U.S.C. §§7431, 7213, and 7213A). • I acknowledge that upon discovering a possible improper inspection or disclosure of Federal Tax Information (FTI), including breaches and security incidents, I must follow the proper incident reporting requirements issued by the EDD. If I think there is a mishandling of information I will contact my EDD contract monitor and contact the EDD Cybersecurity Division to ensure the Office of Safeguards and the Treasury Inspector General for Tax Administration are notified of a possible issue involving FTI. 1 hereby agree to protect the EDD's information on either paper or electronic form in the following ways: • Access, inspect, use, disclose, modify, remove or destroy information only for the purpose of performing official duties • Never access, inspect, use, disclose, modify, remove, or destroy information for curiosity, personal gain, or any non-EDD and/or my organization's business related reason • Never post the EDD and/or other agency/entity confidential and proprietary information to social media, networking or other public websites • Secure confidential information in approved locations and destroy confidential information by approved methods • Never use personal devices, including but not limited to, laptops,cameras, video recorders, portable electronic devices containing cameras such as, iPads, tablets and mobile smartphones, in the workplace to capture or record confidential information, including that which appears in the background in work areas • Only use authorized state business devices to capture or record confidential information when there is a business need and meets the EDD's guidelines • Never remove personal, sensitive, or confidential information from my work site without authorization • Follow encryption requirements for all personal, sensitive, or confidential information in any portable device or media. CERTIFICATION I expressly consent to the monitoring of my access to computer-based sensitive,personal,or confidential Information by the Franchise Tax Board,the Employment Development Department,the California Department of Tax and Fee Administration,the Department of Motor Vehicles,the Board of Equalization,and any other State agency designated by them. My signature verifies that I read and agree to comply with the state and federal laws listed on this form.I further understand that failure to comply with these laws may result in my being barred from accessing the EDD information or other information provided by the EDD and could result in criminal prosecution. CONTRACTOR NAME(PRINT) EMPLOYER(PRINT COMPANY NAME) Jesus Perez Fresno County District Attorney's Office CONTRACT SIGNAT E DATE Attachment E-1 (Rev.05-23) Page 1 of 1 Employment EDD Agreement No. 0000000508 EDDDevelopment EDD/Fresno County District Attorney's Office Department EDD Customer Code: E00561 State of California AttachmentE-2 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT (Standard Agreement) In consideration of access to the EDD information which is personal, sensitive, or confidential, the EDD Data Recipient 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 the EDD Data Recipient. This obligation shall be continuous and may not be changed or modified unless agreed to in writing. In addition, the EDD Data Recipient understands that the following penalties may be incurred for any such misuse of the EDD Information by the EDD Data Recipient to the extent authorized by law: 1. Any individual who has access to returns, reports, or documents maintained by the EDD who does not maintain the confidentiality of the information or publishes or opens the information to public inspection in any manner may be punished by imprisonment in the county jail for up to one year or a fine of$20,000.00 or both. (Unemployment Insurance Code §§2111 and 2122). 2. Any person who intentionally discloses information, not otherwise public, which they knew or should have known was obtained from personal information maintained by a state agency, shall be subject to civil action for invasion of privacy by the individual to whom the information pertains. (California Civil Code §1798.53). 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). INFORMATION SECURITY STATEMENT OF RESPONSIBILITY By EDD Data Recipient's signature on the STD 213, EDD Data Recipient attests that it has in place the safeguards and security requirements stated in this Agreement that 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 EDD Data Recipient therefore accepts responsibility for ensuring compliance with these requirements, as set forth in Exhibit"E"of the EDD Agreement No. 0000000508. Attachment E-2(Rev 04-2023) 1 Employment Development Department (EDD) 2 District Attorney, County of Fresno 3 4 FOR ACCOUNTING USE ONLY: 5 6 FUND: 0001 7 ORG: 28620100 8 ACCOUNT: 7295 9 SUBCLASS: 10000 PROGRAM: 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28