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Home My WebLink AboutA-20-125 with CDSS and EDD.pdfSTATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES r-------------.----A_g_re_e_m_e_n_t _N_o_. 2_0_-_12_s __ _ STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable ) STD 213 (Rev . 03/2019) 19-1001 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 2. The term of thi s Agreement is : START DATE 07/01/201 9 THROUGH END DATE 06/30/2022 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. EXH IBITS TITLE Exhibit A Scope of Work Exhi bit B Budget Detail and Payment Provis ions Exhibit C * General Terms and Conditions -GTC 04/2017 Exhi bit D Special Terms and Conditions Ex h ibit E Protection of Confidentiality Exhib it E -EDD Confidentiality Agreement Attachment 1 Exh i bit E-EDD Indemnity Agreement Attachment 2 Exhibit E-EDD Statement of Responsibility Attachment 3 Exhibit F COSS/EDD Agreement 17-2031 Items shown with an asterisk(*), are hereby mcorporated by reference and made part of thi s agreement as if attached hereto. These documents can be viewed at httos:1/WNW,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, partnersh ip, etc.) County of Fresno CONTRACTO R BUSINESS ADDRESS 2281 Tulare Street, Room #301 CITY Fresno TITLE PAGES 4 3 3 3 1 1 1 22 STATE I ZIP CA 93721 PRINTED NAME OF PERSON SIGNING Ernest Buddy Mendes C h airman of the Board of Supervisors of th e Co unty of Frei CONTR ACTOR AUTHORIZED SIGNATURE DA TE SIGNED ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno , State of California By d ~ CA ,tf Deputy Paqe 1 of 2 STATE.OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES .--------------r----------------, STANDARD AGREEMENT 510 213 (Rev. 03/2019) CONTRACllNG AGENCY NAME California Department of Social Services CONTRACllNG AGENCY ADDRESS 744 P Street, M.S. 9-6-747 PRINTED NAME OF PERSON SIGNING Alyssa Lawson CONTRACllNG AGENCY AUTHORIZED SIGNATURE CALI FORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL AGREEMENT NUMBER 19-1001 STATE OF CALIFORNIA PURCHASING AUTHORITY NUMBER (If Applicable) CITY STATE ZIP Sacramento CA 95814 TITLE SSM I, Co nt racts & Pu rchasing Bureau DATE SIGNED EXEMPTION (If Applicable) Exempt per SCM Vol. 1 4.04 (A)(2} Paq e 2 of 2 Agreement 19-1001 Page 1 of 4 CDSS/County of Fresno EXHIBIT A (Standard Agreement) SCOPE OF WORK A.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 (CUIC). CDSS shall request and use the EDD’s confidential information only for the purpose of conducting internal research, budget development, performance monitoring and program evaluation pursuant to the Welfare and Institutions Code Sections 10533, 10540.5, 10541, 10606.1, 10609.4, 10850, 11322.63, 11525, 15204.6 and, and Section 1095(ai) of the CUIC, and Sections of 7 United States Code (USC) 2020(e)(16) and (17), 42 USC Section 611, 42 USC Section 677 of the Social Security Act. B.The County of Fresno herein referred to as the Contractor, is to be provided access to 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 (CalWORKs), CalFresh Employment & Training, and County General Assistance program clients in Fresno County). This Agreement provides authorization for use of this confidential data solely for evaluation purposes described in this Agreement below. C.Contractor Responsibilities: 1.Contractor shall agree to and follow EDD’s Indemnity Agreement, Exhibit E – Attachment 2, attached hereto and made part of this Agreement. 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 17-2031, Exhibit F for EDD data. d.Exhibit F, Agreement 17-2031 is 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 the 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 Agreement 19-1001 Page 2 of 4 CDSS/County of Fresno EXHIBIT A (Standard Agreement) 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 data that is made available to the public. EDD requires all publications with their data be reviewed and approved by their Information Security Office prior to publication. CDSS shall facilitate the approval process between the Contractor and EDD. Should CDSS disagree with any part of the report, a disclaimer stating the CDSS disagreement shall be included in the final published report. Specifically, the EDD data shall enable the following program outcomes 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 Fresno County, it would 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.Contractor may use the following data sets acquired from CDSS: 1.EDD Base Wage File: Quarterly wage earnings for the most recent six (6) quarters available of all persons in the County of Fresno, 16 years or older and who received at least one month of public assistance in the County of Fresno. 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. Agreement 19-1001 Page 3 of 4 CDSS/County of Fresno EXHIBIT A (Standard Agreement) 2.Employer Data: This file is a subset of the Quarterly Census of Employment and Wages created by the Bureau of Labor Statistics. It 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. 3.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. E.CDSS Responsibilities: 1.CDSS shall provide the following data for the purpose specified in this Agreement: a.EDD Base Wage data for the most recent six (6) quarters available. To be provided semi-annually. b.Employer Data can be attached to the EDD Base Wage data at the Contractor’s request. c.Any requested linkage to wage/UI/DI data shall be limited to available funds. 2.CDSS shall facilitate the linkage of client records provided by Contractor to EDD base wage administrative files for this project. 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 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 that the terms of this Agreement are being complied with. 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. The printing exemption process is managed by the CDSS Form Management Unit. Agreement 19-1001 Page 4 of 4 CDSS/County of Fresno EXHIBIT A (Standard Agreement) F.The project representatives during the term of this Agreement shall be: CDSS 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@dss.ca.gov County of Fresno Danielle Gonzales, Staff Analyst P.O. Box 1912 Fresno, CA 93718 Phone: (559) 600-2339 dagonzales@co.fresno.ca.us 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. The person responsible for security at Contractor is: County of Fresno David Long, DSS Privacy Officer P.O. Box 1912 Fresno, CA 93718 Phone: (559) 600-2333 dalong@co.fresno.ca.us Agreement 19-1001 Page 1 of 3 CDSS/County of Fresno EXHIBIT B (Standard Agreement) Revised: 9-2-16 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): 2019/20 $0.00 2020/21 $0.00 2021/22 $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 (CalHR) for comparable classes. (See http://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. The CDSS Program Contract Manager agrees to certify and maintain the documents substantiating travel and per diem for a period not less than three years after final payment of this Agreement. No travel outside of the State of California by Contractor shall be reimbursed unless there is prior written authorization from CDSS. 4.Invoices shall include the Agreement number 19-1001 and Index Code 1261 and shall be submitted in triplicate not more frequently than monthly in arrears to: California Department of Social Services CalWORKs Engagement Bureau 744 P Street, MS 8-8-33 Sacramento, CA 95814 Attn: Sadie Webb Any invoices submitted without the above referenced information may be returned to the Contractor for further re-processing. Agreement 19-1001 Page 2 of 3 CDSS/County of Fresno EXHIBIT B (Standard Agreement) Revised: 9-2-16 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. Agreement 19-1001 Page 3 of 3 CDSS/County of Fresno EXHIBIT B (Standard Agreement) Revised: 9-2-16 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. Agreement 19-1001 Page 1 of 3 CDSS/County of Fresno EXHIBIT D (Standard Agreement) Rev: 1/18/17 SPECIAL TERMS AND CONDITIONS A.Dispute Provisions 1.If the Contractor disputes a decision of the State’s designated representative regarding the performance of this Agreement or on other issues for which the representative is authorized by this Agreement to make a binding decision, Contractor shall provide written dispute notice to the State’s 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 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 the Contractor within 15 calendar days. The decision of the representative 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 representative shall be final unless, within 30 days from the date of receipt of the representative’s 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 Purchasing Bureau Pending resolution of any dispute, Contractor shall diligently continue all contract work and comply with all of the representative’s orders and directions. B.Termination Without Cause This Agreement may be terminated without cause by the State upon 30 days written notice to the contractor. C.Debarment and Suspension For federally funded agreements, Contractor certifies that to the best of his/her knowledge and belief that he/she and their principals or affiliates or any sub-contractor 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. The Contractor also certifies that it or any of its sub-contractors are not listed with any active exclusions on the Sys tem for Award Management (http://www.sam.gov) (Executive Order 12549, 2 CFR Parts 180, 376, 417 and 2336). Agreement 19-1001 Page 2 of 3 CDSS/County of Fresno EXHIBIT D (Standard Agreement) Rev: 1/18/17 D.Certification Regarding Lobbying Applicable to Grants, Subgrants, 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 the Contractor certifies that to the best of his or her 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 Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c.The 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. E.Unruh Civil Rights Act and the Fair Employment & Housing Act Prior to bidding on, submitting a proposal for or executing an agreement or renewal for a State of California contract over $100,000 on or after January 1, 2017, the bidder or proposer must certify 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 a Contractor has an internal policy against a sovereign nation or peoples recognized by the United States government, the Contractor certifies that such policies are not used in violation of the Unruh Civil Rights Act (Section 51 of the Civil Code) or the Fair Employment and Housing Act (Section 12960 of the Government Code). 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 contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. Agreement 19-1001 Page 3 of 3 CDSS/County of Fresno EXHIBIT D (Standard Agreement) Rev: 1/18/17 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. § 200.514 (previously OMB Circular A-133). All OMB audit reports shall meet the report submission requirements established in 2 C.F.R § 200.512 and a copy shall be forwarded to CDSS. H.Subcontractors (Applicable to agreements in which the Contractor subcontracts out a portion of the work) Nothing contained in this Agreement or otherwise shall create any contractual relationship between CDSS and any subcontractors, and no subcontractor shall relieve the Contractor of its responsibilities and obligations hereunder. The 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 the Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the obligation of CDSS to make payments to the Contractor. As a result, CDSS shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. I.Indirect Costs/Administrative Overhead For agreements with other governmental entities and public universities, 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. Per State Contracting Manual, Section 3.06.B, agencies shall assure that all administrative fees are reasonable considering the services being provided. Agencies 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. Agreement 19-1001 Page 1 of 3 CDSS/County of Fresno EXHIBIT E (Standard Agreement) Confidentiality Requirements [Rev 04/15/14] 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 County of Fresno must therefore, agree to the following security and confidentiality requirements: I.ADMINISTRATIVE SAFEGUARDS a.Adopt policies and procedures to ensure use of 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 County of Fresno will comply with all applicable statutes, rules, and/or regulations and Agreement information security requirements, including but not limited to the following: •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) d.Except for State Agencies, agree to indemnify the EDD against any loss, cost, damage or liability resulting from violations of these applicable statutes, rules and/or regulations and Agreement information security requirements. 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. 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 Agreement 19-1001 Page 2 of 3 CDSS/County of Fresno EXHIBIT E (Standard Agreement) Confidentiality Requirements [Rev 04/15/14] 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@edd.ca.gov>. II.MANAGEMENT SAFEGUARDS a.Acknowledge that the confidential information obtained by the County of Fresno 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.Require that all personnel assigned to work with the information provided by EDD complete the EDD Confidentiality Agreement (Exhibit E, Attachment 1). d.Return the following completed documents to the EDD Contract Services Group: o EDD Indemnity Agreement (Exhibit E, Attachment 2): Required to be completed by the County of Fresno Chief Financial Officer or authorized Management Representative, unless County of Fresno is a State Agency. o EDD Statement of Responsibility Information Security Certification (Exhibit E, Attachment 3): Required to be completed by the Information Security Officer or authorized Management Representative. e.Permit EDD to make on-site inspections to ensure that the terms of this Agreement are being met. Make available to EDD staff, on request and during on-site reviews, copies of the EDD Confidentiality Agreement Exhibit E, Attachment 1) completed by personnel assigned to work with 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 (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)(B). 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. 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 19-1001 Page 3 of 3 CDSS/County of Fresno EXHIBIT E (Standard Agreement) Confidentiality Requirements [Rev 04/15/14] 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 County of Fresno shall ensure that appropriate security access controls, storage protections and use restrictions are in place to keep the confidential information in the strictest confidence and shall make the information available to its own personnel on a "need to know basis" only. e.Store 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 County of Fresno, after the purpose for which the confidential information is 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. EDD Agreement Number CDSS Agreement No. 19-1001 CDSS/County of Fresno 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 may be subject to administrative, civil, and/or criminal action. an employee of PRINT YOUR NAME PRINT YOUR EMPLOYER’S NAME hereby acknowledge that the confidential and/or sensitive records of the Employment Development Department are subject to strict confidentiality requirements imposed by state and federal law include the Unemployment Insurance Code Sections 1094 and 2111, the Civil Code Section 1798 et seq., the Penal Code Section 502, Title 5, USC Section 552a, Code of Federal Regulations, Title 20 part 603, and Title 18 USC Section 1905. acknowledge that my supervisor and/or the Contract’s Confidentiality and Data Security Monitor reviewed with me the confidentiality and security requirements, policies, and administrative processes of my organization and of the EDD. INITIAL 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) to the person the Contract assigns responsibility for the security and confidentiality of EDD’s data. INITIAL acknowledge responsibility for knowing the privacy, confidentiality, and data security laws that apply to the EDD information I have been granted access to by my employer, including California Unemployment Insurance Code Section 1094 and 2111, California Government Code section 15619, California Civil Code Sections 1798.53, and Penal Code Section 502. INITIAL acknowledge that wrongful access, use, modification, or disclosure of confidential information may be punishable as a crime and/or result in disciplinary and/or civil action taken against me—including but not limited to: reprimand, suspension without pay, salary reduction, demotion, or dismissal—and/or fines and penalties resulting from criminal prosecution or civil lawsuits, and/or termination of contract. INITIAL acknowledge that wrongful access, inspection, use, or disclosure of confidential information for personal gain, curiosity, or any non-business related reason is a crime under state and federal laws. INITIAL acknowledge that wrongful access, use, modification, or disclosure of confidential information is grounds for immediate termination of my organization’s Contract with the EDD. INITIAL agree to protect the following types of EDD confidential and sensitive information: INITIAL • Wage Information •Employer Information •Claimant Information •Tax Payer Information •Applicant Information •Proprietary Information •Operational Information (manuals, guidelines, procedures) hereby agree to protect EDD’s information on either paper or electronic form by: INITIAL • Accessing or using EDD supplied information only as specified in the Contract for the performance of the specific work I am assigned. •Never accessing information for curiosity or personal reasons. •Never showing or discussing sensitive or confidential information to or with anyone who does not have the need to know. •Placing sensitive or confidential information only in approved locations. •Never removing sensitive or confidential information from the work site without authorization. •Following encryption requirements for all personal, sensitive, or confidential information in any portable device or media. “I certify that I have read and initialed the confidentiality statements printed above and will abide by them.” Print Full Name (last, first, MI) Signature Print Name of Requesting Agency Date Signed Check the appropriate box: Employee Subcontractor Student Volunteer Other Explain ,tiio Employment Development D e partment State of C a liforni a • • • • • ,.-----Employment EDD Development Department _.:,..__ ___,,,,-:._----- State of Ca l ifornia ---------- EDD Agreement Number COSS Agreement No . 19-1001 COSS /County of Fresno EDD Customer Code : E00096 , E0009 7 Exh ibit E -Attachment 2 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT In consideration of access to EDD information which is personal , sensitive , or confidential , Ernest Buddy Mendes, Chairman of the Board of Supervisors of the County of Fresno (Enter name of Chief Financial Officer or authorized Management Representat ive) agrees to indemnify EDD against any and all liability costs , damages , attorney fees , and other expenses 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 Statement " by any and all employees of : County of Fresno (Enter Requesting Agency/Entity Name) This obligat ion 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 EDD Information: 1. Any individual who has access to returns, reports , or documents maintained by 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. (Civil Code 1798 .53). 3. Any unauthorized access to EDD computer data , computer systems , or unauthorized use of EDD data is punishable by a fine or imprisonment in the county jail or both . (Penal Code 502). I certify that I have read, understand, and agree with the above terms. SIGNED BY REQUESTING ENTITY REPRESENTATIVE Mendes , Ernest Buddy L-7A_,, _ J _L_~ -------P-rin-t-Fu-11-Na_m_e_(la-st-, f-irs-t, -M-1) ----~~ ~ Signature Chairman of the Board of Supervisors of the County of Fresno '::fv:\'2U\.Lh. 'd 4, ~a.a Print Title Da te 's igned County of Fresno Department of Social Services Print Name of Requesting Ent ity Enter Name Governmental Sponsor/Ent ity ATTEST: BERNICE E. SEIDEL Clerk of the Board of Supervisors County of Fresno , State of Cal ifornia By ct~½ Deputy EDD Agreement Number CDSS Agreement No. 19-1001 CDSS/County of Fresno EDD Customer Code: E00096, E00097 Exhibit E – Attachment 3 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT STATEMENT OF RESPONSIBILITY INFORMATION SECURITY CERTIFICATION We, ________________, the Information Security Officer and ___________________, Program Director or Chief Information Officer, and Contracts hereby certify that the County of Fresno has in place the safeguards and security requirements stated in this Standard Agreement. We therefore accept responsibility for ensuring compliance with these requirements, as set forth in Exhibit “D” of EDD Contract No. 17-2031. IINFORMATION SECURITY OFFICER SIGNATURE PROGRAM DIRECTOR OR CHIEF INFORMATION OFFICER SIGNATURE PRINT NAME OF INFORMATION SECURITY OFFICER PRINT NAME PRINT TITLE PRINT TITLE TELEPHONE NUMBER TELEPHONE NUMBER E-MAIL ADDRESS E-MAIL ADDRESS DATE SIGNED DATE SIGNED NOTE: Return this Information Security Certification to the EDD Contract Manager with the signed copies of the Contract. FOR EDD USE ONLY 1.Information Security Certification received by: EDD CONTRACT MANAGER NAME DATE RECEIVED 2.EDD information asset access approved by: CONTRACT MANAGER OR DISCLOSURE COORDINATOR DATE APPROVED (AFF, EMAIL, ETC.) NOTE: EDD must have a signed “Information Security Certification” in its possession prior to disclosure of any personal, confidential, or sensitive information to the Requester Agency David Long Privacy Officer (559) 600-2333 dalong@fresnocountyca.gov Laura Moreno Program Manager (559) 600-2335 lhaga@fresnocountyca.gov David Long Laura Moreno EDD ---"'-----_., Employment Development Department State of California Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 1 of 22 STATE OF CALIFORNIA STANDARD AGREEMENT EDD AGREEMENT NUMBER EDD CUSTOMER CODE E00096/E00097 STD. 213 (Rev 06/03) M8106046 REGISTRATION NUMBER PROJECT/ACTIVITY CODE 661/090 REQUESTER AGREEMENT NUMBER 17-2031 1. This Agreement is entered into between the Agency and the State of California Contractor named below REQUESTER AGENCY NAME California Department of Social Services (COSS) STATE OF CALIFORNIA-<:ONTRACTOR'S NAME Employment Development Department (EDD) The term of this Agreement is : July 1, 2017 through June 30, 2022 $199,186.91 2. 3. The maximum amount of this Agreement is: (One Hundred Ninety-Nine Thousand One Hundred Eighty-Six Dollars and Ninety-One 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: Exhibit A Scope of Work 2 Pages Attachment No. A-1 Attachment No. A-2 Exhibit B Exhibit c• Exhibit D 181 Attachment 01 181 Attachment D3 Exhibit E Specifications COSS Project List Budqet Detail and Payment Provisions General Terms and Conditions Protection of Confidentiality Confidentiality Agreement Statement of Responsibility Special Terms and Conditions (Attached as part of this Agreement) Items shown with an Asterisk 1), are hereby incorporated by reference and made part of this Agreement as ff attached hereto. These documents can be viewed at: www.dgs.ca. govlols/Resources/StandardContractLanguage.aspx. IN WITNESS WHEREOF, this Agreement has been executed by the parties hQreto. 4 Paqes 4 Paqes 4 Paqes GIA 610 3 Pages 1 Page 1 Paqe 2 Pages ST ATE OF CALIFORNIA CONTRACTOR California Department of General ---------------------------------11 Services Use Only CONTRACTOR'S NAME (If other than an Individual, state whether a corporation. partnership, etc.) Employment Development Department BY (Authorized Sig lure) 2S l tlflli nottype) PRINTED NAME AND 'TITLE OF PERSO SIGNING Melanie Meeks, Chief, Office of Procurement, Contracting & Administration ADDRESS 722 Capitol Mall , MIC 62-C, Sacramento, CA 95814 AGENCY AGENCY NAME California Department of Social Services BY (Aulhori1ed Signature) DATE SIGNED(Oo nof type) 2S ~u /0-(7-17 Deborah Pearce, Chief, Contracts and Procurement Bureau ~ L1'~f\\* re-r ~CJV\ vo\ \ 4 .D 4 A.S ADDRESS 744 P Street, M.S. 8-14-747, Sacramento , CA 95814 I t Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 2 of 22 EXHIBIT A (lnteragency Agreement) EDD Agreement No. M8106046 CDSS Agreement No. 17-2031 EDD/COSS Customer Codes: E00096/E00097 Page 1 of 2 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 COSS. 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, budge development, performance monitoring, and program evaluations. The CDSS will also use this output for special, mandated evaluation projects where the COSS contracts an evaluator as described in Attachment A2 Project List The EDD agrees that the confidential information provided to the COSS 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 UI claim, information to the CDSS pursuant to Section 1095(ai) of the California Une1T.1ployment Insurance Code (CUIC). r The COSS 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 10533, 10540.5, 10541, 10606.1, 10609.4, 10850, 11322.63, 11525, 15204.6 of the Welfare and Institutions Code, and Section 1095(ai) of the CUIC, and Sections of 7 United States Code (USC) 2020(e)(16) and (17), 42 USC Section 611, 42 USC Section 677 of the Socia,! ~ecurity Act. Ill. Contract Representatives I 1 The EDD's contact persons are: CONTRACT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE Maureen Lentz Martin or Designee Information Security Office Employment Development Department P.O. Box 826880, MIC 33_ Sacramento, CA 94280-0001 Phone: (916) 654-8261 Fax: (916) 654-8272 Email: Maureen.Lentz@edd.ca.gov Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 3 of 22 FISCAL EXHIBIT A (lnteragency Agreement) Erlinda Matienzo or designee Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 653-4227 Email: Erlinda. Matienzo@edd.ca. gov 2. The CDSS's contact persons are: .; ,· CONTRACT NEGOTIATIONS AND ADMINISTRATION Brittney Gossard California Department of Social Services Fiscal Forecasting & Policy Branch 744 P Street, M.S. 8-14-90 Sacramento, CA 95814 Phone: (916) 654-1208 Email: Brittney.Gossard@dss.ca.gov INVOICING AND TECHNIC~L ASSISTANCE; Victor Simon California Department of Social Services Fiscal Forecasting & Policy Branch 744 P Street, M.S. 8-14-90 Sacramento, CA 95814 Phone: (916)653-1168 Email: Victor.Simon@dss.ccJ.gov EDD Agreement No. M8106046 CDSS Agreement No. 17-2031 EDD/COSS Customer Codes: E00096/E00097 Page 2 of2 Either party may make changes to the Contract Representatives information above by giving written notice to the other party. Said changes shall not require an amendment to this agreement. Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 4 of 22 EDD Agreement f\{o. M8106046 CDSS Agreement No .17-2031 EDD/CDSS Customer Code: E00096/E00097 SPECIFICATIONS I. METHODOLOGY ATTACHMENT A-1 (lnteragency Agreement) Page 1 of4 1. The CDSS submits to the EDD, via disk, the social security numbers of individuals SJl)ecified 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 COSS for all SSN transactions searched. II. RESPONSIBILITIES 1. EDD Agrees to: a. Provide the COSS with a copy of Abstract System Customer Instruction Packet b. Provide a file name for COSS to copy all their input requests into. Fife will contain all input requests {SSNs) formatted to the EDD specifications in the Abstract SVstem Customer Instruction Packet c. Make use of the Generation Data Set (GOS) set up by the COSS Resource Access Control Facility (RACF) at the Office of Technology Seryices (OTech): 1. EMBP:,ABS,ABS990,ABS,REOUESJS,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 COSS with the EDD data files. On positive matches the EDD will provide the following EDD Abstract data files: 1. Current Unemployment Insurance Payment History 2. Archive Unemployment Insurance Payment History (2-4 years) 3. Archive Unemployment Insurance Payment History {4+ years) 4. Current Wage Abstract 5. Archive Wage Abstract e. Place the "output" Abstract System files, formatted to the EDD specifications in two (2) disk data sets at OTech with the following Data Set Nai:r,es (DSNs)· 1. BPEM,ABS,AB$201,ABSTRAC,X200,E00097 · (Current and Archive UI Data) I I 2. BPEM,ABS,ABS953,ABSTRAC,X089,E00096 (Current and Archive Wage Data) f. To monitor and determine status of the,data and 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 19-1001 CDSS/County of Fresno Exhibit F Page 5 of 22 EDD Agreement No. M8106046 COSS Agreement No.17-2031 EDD/COSS Customer Code: E00096/E00097 ATTACH;MENT A-1 (lnteragency Agreement) Page 2 of4 g. Prate.ct the information provided by cm:;s' as confidential information and will adhere to the security and confidentiality provisions outlined in Exhibit D-Protection of Confidentiality Provisions, attached hereto 1nd made part of the Agreement for the protection of that .information. The EDD will instruct all the EDD personnel assigned to work with the information provided by COSS that this information is considered confidential information and is to be treated in the same manner as the EDD confidential material. The EDD will ensure that all the EDD personnel assigned to work with the information provided by COSS have signed the EDD Confidentiality Statement (Attachment D1 ,) EDD acknowledges that the names of social services clients and applicants are confidential per Welfare and Institutions Code section 10850 and will be secured in accordance with the California State Administrative Manual (state policy) requirements. ·· h. Review and respond to future CDSS research, demonstration, or program evaluation project approval requests within 30 days. ' 2. The COSS 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 (CalWORKs, Calfresh, or Medi-Cal) authorized under this Agreement. c. The COSS 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.ABS.ABS990.ABS.REQUESTS.E00096 (Current and Archive Wages) 2. EMBP.ABS.ABS990.ABS.REQUESTS.E00097 (Current and Archive UI Data) 3. *Add DSN for Employer Data here · 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 COSS wage and UI information. The COSS information may not be otherwis.e used or further disclosed by EDD. f. Pick up all Abstract output information from the two (2) disk data sets at OTecH with the following Data Set Names (DSNs): 1. BPEM.ABS.ABS201.ABSTRAC.X200.E00097 (Current and Archive UI Data) 2. BPEM.ABS.ABS953.ABSTRAC.X089.E00096 (Current and Archive Wage Data) g. Use the specified ABS data files only for the purpose of creating aggregate or summary level frequency distributions, tables and ·complex statistical analyses for internal research, budget development, performance monitoring, ~and program evaluation. COSS will also use this output for special, mandated, evaluation projects where CDS$ contracts an evaluator as described in Attachment A-2 Project List. Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 6 of 22 ATTACHMENT A-1 (lnteragency Agreement) EDD Agreement No. M8106046 COSS Agreement No.17-2031 EDD/COSS Customer Code: E00096/E00097 Page 3 of4 h. Comply with EDD's Data Minimization and Retention Standard (DM3) when preparing any non-confidential, aggregated, and statistical form data files or publications for public access containing EDD data. i, EDD has reviewed and approved CDSS standard publications with high level aggregation of EDD data. Any updates to those standard COSS publications will not need to be resubmitted to EDD for future review and appro~al.: ., ii EDD agrees that any COSS publication of EDD aggregate data that includes 100 respondents or more shall not require prior review and approval. Any COSS 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 EDD information to any person or agency other than those authorized specifically under this Agreement. Future COSS 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 contract. j, Ensure that all contracts established with other private and/or public contractors and/or subcontractors with access to the EDD·cohfidential information disclosed under this Agreement include all EDD confidentiality: provisions specified herein. ,, k. Instruct all COSS 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 D -Protection of Confidentiality Provisions; and (4) the sanctions and penalties against unauthorized use or disclosure found in the California Unemployment Insurance Code (CUIC) Sections 1094 and 2111, the California Civil Code Section 1798.55, and the California Penal Code Section 502. I. Oversee CDSS and contractor/subcontrac.tor staff in their use of confidential information received from EDD. m Ensure that all the COSS personnel as~ighed to work with the information provided by EDD have signed the EDD Confidentiality St'atement (Attachment D1. Rev 04/11/10). n. Adhere to security and confidentiality provisions outlined in Exhibit D, lnteragency Agreement (security provisions), attached hereto and made part of the Agreement for the protection. of any information exchange~ between COSS and EDD. o. Comply with the CUIC 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. COSS shall not release the EDD's confidential information to any entity which is a private collection agency (CUIC, §1095(u)). q. Cooperate with the ED D's authority to monitor this Agreement in accordance with Exhibit D, paragraph 11.(e) and (f). Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 7 of 22 EDD Agreement No. M8106046 COSS Agreement No.17-2031 EDD/CDSS Customer Code: E00096/E00097 ATTACHMENT A-1 (lnteragency Agreement) Page 4 of4 r. Comply with Title 20, Code of Federal ~egulations, Section 603.7 with respect to any EDD confidential information. · ,, s. Pursuant to federal law, if 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 correcti'(e action, this Agreement will be cancelled and the DSS 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 lia ison, coordination of activities, and to meet, when necessary, to further r~define specific program procedures. b. Not disclose any EDD or COSS 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 ag reed upon by the parties hereto as being necessary and appropriate for proper performance of this Agreement. 4. Disputes: a. Any dispute cpncerning a question o( fact arising under the terms of this agreement which is not disposed of IJl.lithin a reasonable period of time (ten days) by the EDD and COSS 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. Ill. ACCURACY ASSESSMENT Individual employers and claimants report the information in the EDD's files. Since the EDD is not the originator of the information disclosed, the EDP cannot guarantee the accuracy of the information. IV. TERMINATION CLAUSE This Agreement may be terminated by either party by giving written notice 30 days prior to the effective date of such termination. Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 8 of 22 Current Projects/Reports Project/Report CalWORKs Adult Recipient Earnings by Quarter Budget Development ATTACHMENT A·2 (lnteragency Agreement) EDD AgreemeRt-N0. 8106046 · COSS Agreement No. 17-2031-EDD/CDSS Customer Code: E00096, E00097 Page 1 of4 California Department of Social Services (COSS) Projects Requiring Employment Development Department (EDD) Data Sharing Description/Purpose for Use of EDD Data Measure overall employment success of adult recipients by county and statewide. Tracks employment stati~tics over time aha the effects of CalWORKs program implementation as-required by public law 104-193 (Federal TANF legislation) and WIC 10540.5. Public reports contain only aggregated statistical we e data. Analyze and estimate impact of legislation and budget proposals for COSS Exec Staff, Dept of Finance, Governor's Office, and California Legislature. Includes poverty research and analysis of recipient income and earnings. Aggregated statistics may be made public during budget development process. S1 tatutory Authority/ Reference to Use Data Data Used W&IC § 10540.5 W&IC § 10541 W&IC § 11525 4.? _l)SC § ~1 _1 \N&°JC § 106Q6. t W&IC § 10850 EDD Base Wage file, integrated into MEDS EDD Base Wage File UI Payments Files Internal Use or Re-disclosure Internal use and public summary reports assist COSS, Counties, and progrart1 st~keh.olqers with program evaluation and labor market analysis. Internal Use -policy development and analysis of fiscal impact. Aggregate statistics may be made public to legislature and external stakeholders during budget development process.-Timeline ootl ongoing Ongoing Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 9 of 22 Semi-Annual and Annual CalWORKs reporting changes , Pay-for-Performance Measures #1 anci #3 County Welfare Departments ...:. Evaluate Employment Programs' Effectiveness ATTACHMENT A-2 (lnteragency Agreement) Estimate the budget impact of reporting requirement changes, including number of recipients with earnings above the income reporting threshold. Increase CalWORKS federal work participation rate:, increase investment by counties in pathways to employment. Track base wage earnings and UI/DI benefits of TANF/CalWORKs, CalFresh Employment & Training, and General Relief/General Assistance program clients to measure: labor market participation, total earnings and number of clients with earneq income, employment continuity over time, program outcomes across specific socioeconomic groups (for the purpose of determining employment outcomes connected with welfare-to-work activity). W&IC § 10540.q W&IC § 10541 W&IC § 11525 42 USC'§ 611 W&IC § 15204 6 42 USC§ 611 W&IC § 10540.5, 10541, 10850-10851 11520-11521.7 EDD Base Wage File EDD Base Wage File EDD Base Wage File UI/Dl Unemployment and Disability files. EDD Agreement No. COSS No.17-2031 EDD/COSS Customer Code: E00096, E00097 Page 2 of4 Internal Use ""." policy development and analysis of fiscal impact Internal Use -program oversight Internal Use and Redisclosure: COSS contracts with Los Angeles County, Monterey County, San Francisco County, Santa Cruz County, and Solano County to measure the effectiveness of Welfare-to-Work and Employment Services Ongoing 2006 -ongoing 2014 -Ongoing Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 10 of 22 California Child Welfare Indicators Project /California Children's Services Archive Extended Foster Care Exit Outcomes (AB 12) SB 1041 Evaluation of CalWORKs Policy Changes and Program Redesign ATTACHMENT A-2 (lnteragency Agreement) -Ongoing analysis to determine W&IC § 10609.4 employment outcomes for youth W&IC § 11525 exiting from Foster Care by tracking base wage earnings over time. Any public reports by COSS contain only aggregated statistical data. Report on Extended Foster Care W&IC § 1081.9.4 Exit Ou.tcomes under AB.12 to W&IC § 11525 assist C.DSS and counties in 42 USC§ 677 program evaluation. Public reports contain only aggregated statistical data. Mandatory evaluation of W&IC § 10540.5 CalWORKs work participation W&IC § 10541 and outcomes under SB 1041, W&IC § 15204.6 tracking employment outcomes 42 USC§ 611 (base wage earnings) over time W&IC § 11525 for specific program changes. Outcomes will be measured by increase in employment and earnings. Any public reports by CDSS contain only aggregated statistical data. EDD Base Wage File EDD Base Wage file EDD Base Wage File, UI Payments File EDD Agreement No. COSS No.17-2031 EDD/COSS Customer Code: E00096, E00097 Page 3 of 4 Redisclosure: 12004 -COSS contracts with UC ongoing Berkeley (CCWIP/Children's Services Archive) to meet legislative reporting requirements of Welfare and Institutions code section 10609.4. l11tern.~I Us~ and I 2011-Redisclosure: COSS ongoing contracted with UC Berkeley aAd the University of Chicago to meet legislative reporting requirements of AB 12 (Chapter 559, Statutes of 201 Redisclosure: CDSS I 2013 to contracts with RAND 2017 Corporation and its subcontracts to meet legislative reporting requirements of SB 1041 (Ch. 47, Statutes of 2012). Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 11 of 22 Fresno SNAP Employment & Training (E& T) Pilot Project CalFresh E&T Federal ·Reporting Measures SSI recipients I I HSS Providers Evaluate the short-term and long-term impact of the SNAP E& T Pilot project on the ATTACHMENT A-2 (lnteragency Agreement) UD Section 1095(ai) Agriculture Act of 2015 (P.L. 113-79, employment rates and earnings Section 4022) of the Fresno sample members, as well as an analysis of the types of employers and industries that members are em ed COSS is federally mandated to Section 4022(a)(2) al report .outcome data to monitor the Agricultural Act o the effectiveness of the 2014 CalFresh E&T programs annually. To meet the reporting requirements, CDSS will match CalFresh E&T participant and former participant data provided by counties to wage data. Income sources and amount I W&IC § 10606.1 I Wage data for Budget impact W&IC § 10850 UI Data Employer Data !;DD Base Wage File EDD Base Wage File EDD Base e File EDD Agreement No. COSS No. 17-2031 EDD/COSS Customer Code: E00096, E00097 Page 4 of4 COSS is contracting with I 2016 to Mathematica and its 2021 subcontractors to meet the FNS evaluation requirements. Internal Use. Re-I 2017_ -disclosur~ wil_l only be m ong_oing aggregate format to the federal governmentt Internal -program 2013 -evaluation ongoi ! Internal -program 2013-evaluation am oing Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 12 of 22 EXHIBIT B (lnteragency Agreement) EDD Agreement No. M8106046 COSS Agreement No.17-2031 EDD/COSS Customer Code: E00096/E00097 Page 1 of 4 . BUDGET DETAILS AND PAYMENT PROVISIONS \ . . . a. The maximum amount of this Agreement shall not exceed One Hundred Ninety-Nine Thousand One Hundred Eighty-Six Dollars and Ninety-One Cents ($199,186.91). b. In consideration of the performance and completion of the foregoing in a satisfactory manner, ~nd upon receipt of a detailed invoic~,,in triplicate, quarterly in arrears, the COSS shall reimburse the EDD the total amount due, based on the following product rate structure plus administrative costs for contracting: C The administrative costs for contracting include the costs for development, processing, a nd maintenance of a contract, which averages $1,500 per contract. Your agreement will be charged an administrative cost of $75.00 per quarter for a 5-year agreement. These costs are computed • in accordance with Sections 8752 and 8752.1 of the State Ad.ministrative 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 Stat~ of California ; and The following rate chart will apply for the.mass media Ab~tract process· -,:tu::i~~~:b::~~~:: T~a:ep~•~i~~=~; r· :~iii~~~~~;~r ·• type, per quarter is: products $hall be: ; requested products : shall be: :1. i ................................................................................. (,·•························ .. ··•· ..... ___ ................................. f .................................... ,, .......................................... ,c ~·· 1 -250 ····-· ....... ..,.··········-··· .. $. 5010.1.. -···--······--l-----'-$_1 _. 09..?9.? ................................ ! r--·················251 ... -.2,000 ...................................................... :J.2621 ................................. ,, .............................. 2 .... 5 .... ?4..? ....................... j 2,001.-.. 1.0.,000 ... ·········;· .. ·· .. · ................ :-9.?.1§.~........................... , .043?.§ .......................... . ,. __ 10_,001 ... -.. 2so,.ooo ............ L................... .oos10. ........................... , !.... ..... 250,001 ... -.. 1 ... Mill.ion ......... · .............................. :.9..9.1.~?................. · ! .0102 .00146 ............................ ! !. More..fhan .. 1 .. Million ... ...J........................ .00121 • ................................... · .......................... 001_2_1 .............................. · The CDSS shall be charged for the total number of products requested. Each SSN submitted may generate 1 to 11 products, depending on the types of ABS reports requested. d. The maximum ~mount of this Agreement ha$:been computecl based on a total of an estimated 828, 7.27 SSNs for UI Abstracts and 5.64 miliion SSNs for Wage Abstracts, per quarter, as follows: EDD Agreement No. M8106046 CDSS Agreement No.17-2031 EDD/CDSS Customer Code: E00096/E00097 Page 2 of 4 EXHIBIT B (Interagency Agreement) EDD ABSTRACT FORMULA COST UI Claim History - Current 1 product 828,727 x .00121 x 20Q $20,055.19 Archive UI Claim History (2-4 years) 1 product 828,727 x .00121 x 20Q $20,055.19 Archive UI Claim History (Over 4 years) 1 product 828,727 x .00121 x 20Q $20,055.19 Archive Wages 7 products 6,100 x .00121 x 20Q $1,033.34 Current Wages 1 product 5,640,000 x .00121 x 20Q $136,488.00 Administrative Fees $1,500.00 Total for 5-year contract $199,186.91 e.The EDD Invoices will reference the EDD Agreement No. M8106046, the CDSS Agreement No. 17-2031 and the EDD customer codes E00096 and E00097; and shall be submitted for payment to: California Department of Social Services Fiscal Forecasting & Policy Branch 744 P Street, M.S. 8-14-90 Sacramento, CA 95814 ATTN: Victor Simon f.The CDSS payment must reference the EDD Invoice Number, the EDD Agreement number M8106046, and the EDD customer codes 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: 10.561 CFDA Program Title: State Administrative Matching Grants for the Supplemental Nutrition Assistance Program Any invoices submitted without the above referenced information may be returned to the Contractor for further re-processing. 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. Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 13 of 22 Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 14 of 22 EDD Agreement No. M8106046 COSS Agreement No.17-2031 EDD/COSS Customer Code: E00096/E00097 Page 3 of 4 EXHIBIT B (lnteragency Agreement) , h. Upon execution of the agreement, the EDD may email FARBContract504@dss.ca.gov to obtain appropriation information. If payment has not been received for a non-disputed invoice within 60 days of the invoice date, the EDD, in accordance with Government Code Section 11255, will provide the department with a 30-day notifica,tion via the Non-Payment email box at FARBContract504@dss.ca.gov of its intent to initiate a Transaction Request with the State Controller's Office to transfer funds from the department to the EDD. No funds will be authorized for transfer without 30-day notification to FARBContract504@dss.ca.gov. f 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 I I ! 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, CDSS shall have no liability to pay any funds whatsoever to Contractor or to furnish any oth~r considerations under this Agreement and Contractor shall not be obligated to perform ,any provisions of this Agreement. t b. 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 CDSS, or offer an agreement amendment to Contractor to reflect the reduced amount. Ill. 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 Congressiona_l 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 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. 1 d. The CDSS has the option to invalidate the Agreement under.the 30-day cancelfation clause or to amend the Agreement to reflect any reductio_n of funds. IV. REVIEWS Each party reserves the right to review service levels and billing procedures as these impact charges against this Agreement. Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 15 of 22 V. FINAL BILLING ; EXHIBIT B (lnteragency·Agreement) EDD Agreement No. M8106046 COSS Agreement No.17-2031 EDD/CDSS Customer Code: E00096/E00097 Page 4 of 4 Invoices for services must be received by COSS 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 19-1001 CDSS/County of Fresno Exhibit F Page 16 of 22 EDD Agreement Number: M8106046 COSS Agreement Number: 17-2031 EDD/COSS Customer Code: E00096/E00097 Page 1 of 3 EXHIBIT D (lnteragency Agreement) PROTECTION OF CONFIDENTIALITY Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) and the California Department of Social Services (CDSS) information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD's and the CDSS' confidential information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. Both,' the EDD and the 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 and the COSS' confidential information solely for purposes specifically authorized under this Agreement that meet the requirements of Title 20, Code of Federal Regulations §603.10 and Welfare and Institutions Code §10850. b. Warrant by execution of this Agre1ment, that n9 person or selling agency has been employed or retained to solicit or secure this Agreement upqn 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 bylaw. c. Warrant and certify that in the performance of this Agreement, the EDD and the COSS 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) ·r • California Welfare and Institutions Code.:§10850 (Records) d. Except for state agencies, agree to indemnify the EDD against any loss, cost, damage or liability resulting from violations of these applicable statutes, rules and/or regulations, and Agreement information security requirements. e. Protect the EDD's and the COSS' 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 ED D's and the COSS' 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 th~ir official duties in connection with the use of the information authorized by this Agreement. Confidentiality Requirements (Spec Rev IA 03/08/16] ·, Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 17 of 22 EXHIBIT D (I nteragency Agreement) EDD Agreement Number: M8106046 CDSS Agreement Number: 17-2031 EDD/COSS Customer Code: E00096/E00097 Page 2 of 3 g. Notify the EDD Help Desk (ISO) at (916) 654-1010 and/or the COSS ISO at (916) 651-5558, immediately upon discovery, that there may have been a breach in security which has or may have resulted in compromise to the confidential information. For purposes of this section , immediately is defined within 24 hours of discovery of the breach. The notification shall be by phone and email. It is not sufficient to simply leave a message. The notification must include a detailed description of the ,incident (such as time, date, location, and circumstances) and identify responsible personnel (name, title and contact information). The verbal notification shall be followed with an email notification to .lnformationSecurityOffice@edd.ca.gov and/or ISO@dss.ca. gov. II. MANAGEMENT SAFEGUARDS a. Ac:knowledge that the confidential information obtained by the EDD and the COSS under this Agreement remains the property of the original owner, the EDD and the COSS respectively. b. Instruct all personnel assigned to work with the information provided under this Agreement regarding the following: • Confidential nature of the EDD and the COSS information. • Requirements of this Agreement. • Sanctions specified in federal and state unemployment compensation laws, Welfare and Institutions Code §10850, and any other relevant statutes against unauthorized disclosure of confidential information provided by the EDD and the COSS. c. Require that all personnel assigned to work with the information provided by the EDD and the COSS complete the EDD Confidentiality Agreement (Attachment 01). d. Return the following completed documtrnts to the EDD Contract Services Grour;,: o EDD Indemnity Agreement (Attachment 02): Required to be completed by the Chief Financial Officer or authorized Management Representative, unless the requester is a State Agency. o EDD Statement of Responsibility Information Security Certificati on (Attachment D3): Required to be completed by the Information Security Officer or authorized Management Representative. e. Permit the EDD and the COSS to make on-site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD and. the COSS staff, on request and during on-site reviews, copies of the EDD Confidentiality Agreement (Attachment D1) completed by personn~I assigned to work with the EDD's and the COSS' confidential information, and hereby made a part of this Agreement. · ' ' f Maintain a system of records sufficient to allow an audit of compliance with the requirements under subsection (e) of this part. Permit the EDD and the COSS to make on-site inspections to ensure that the requirements of federal and state privacy, confidentiality and unemployment compensatio.n statutes and regulations are being met including but not Jimited to Social Security Act §1137(a)(5)(B). Ill. USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS a. Use the EDD's and the COSS' confidential information only for purposes specifically authorized under this Agreement. The information is not admissiple as evidence in any action or special proceeding except as provided under Section 1094(b) of the California Unemployment Insurance Code (CUIC). §1095(u) of the CUIC does not authorize the use of the EDD's confidential information by any private collection agency. Confidentiality Requirements (Spec Rev IA 03/08/16] Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 18 of 22 EXHIBIT D (lnteragency Agreement) EDD A~reement Number: M8106046 CDSS Agreement Number: 17-2031 EDD/COSS Customer Code: E00096/E00097 Page 3 of 3 : I b Extraction or use of the EDD and the CDSS information for any purpose outside the purposes stated in this Agr~ement is strictly prohibited. The information obtained under this Agreement shall not be reproduced, published, sold, or released in original or any other form not specifically authorized under this Agreement. c. Disclosure of any of the EDD and the CDSS information to any person or entity not specifically authorized in this Agreement is strictly prohibited. Personnel assigned to work with the EDD's and the CDSS' 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 fncludes 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 EDO's and the CDSS' confidential documents in a physically secure manner at all times to prevent unauthorized access. 1 II , d. Store the EDD's and the CDSS' 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. T,he EDD and the COSS 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 EDO's and the CDSS' 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 trafl and record data access of authorized users and authorization level of access granted to the EOO's and the COSS' data, ba~ed-~n job function. I g. Direct all personnel permitted to use the EDD',~ ar:id the CDSS' 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 tha.t the EDD's and the CDSS' data is not left unattended in printers where unauthorized personnel may access them. h. Dispose of confidential information obtained fror;n the EDD and the CDSS, and any copies thereof made by the EDD and/or the CDSS, after the purpose for which the confidential information is disclosed is served. Disposal means return of the confidential information to the EDD and the CDSS 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 (Spec Rev IA 03/08/16] Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 19 of 22 ------• .. Employment EDD Development . _ Department State of California EDD Agreement No. M8106046 COSS Agreement No. 17-2031 EDD/COSS EDD Customer Code No. E00096/E00097 ATTACHMENT 01 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 enfo,ces information security. If you violate these provisions, you may be subject to administrative, civil, and/or criminal action. V/ Co/2} ~ 6J.ti.alL __ an employee of ___ California De2<3rtmeot of Social Services PRINT YOUR NMIE PRINT YOUR EMPLOYER'S Nc-:-w.f.:::----- hereby acknowledge that the confidenllal and/or sensilive records of the Employment Development Department are svbject to strict confidentiality requirements Imposed by state and federal law inclUde the California Unemployment Insurance Code (UIC) §§1094 and 2111, the Caflfomla Civil Code (CC) § 1798 et seq., (he ~ al Code (PC) §502. Title 5, USC §552a, Code of Federal Regulations, Title 20 part 603, and Title 18 USC §1905. -.,c.;,.~._,acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentialily and security ~ /equlrements, policies, and administralive processes of my organization and of the EDD . ~ :ci<nowledge responsibility for knowing the classification of the EDD informalfon I wo(k with and agree to refer questions about the classification of the ~DD information (public, sensitive, confidential) lo the person the Contract assigns responsibility for the security and confidentlaljty of the EDD's data. t acknowledge responsibility for knowing the privacy . confidenliaHty, and data security laws that apply to !he EDD Information I have been granted access ~ to by my employer, Including UtC§§1094 and 2111, California Government Code§ 15619, CC§ 1798.53, and PC§ 502. / ....4, acknowledge that wrongful access, use, modification. or disclosure of confidential information may be punishable as a crime and/or result In disciplinary 1NITIAL and/or civil action taken against me-including but nof llmlted 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 ol contract. / ~ acknowledge that wrongful access, inspection, use, or disclosure cl ~nfidential Information for personal gain, curiosity, or any non-business related AL reason Is a crime under stale and federal laws. Contract with the EDD. t , agree to protect the following types of the EDD confidential and sensi live information: 1~ • Wage Information · • Applicant Information • Employer lnfonnatlon • Proprietary Information rJ:_ • Claimant lnfonnallon • Operational Information (manuals, guldellnes, procedures) • Tax Pay.er Information , hereby agree to protect the EDD's Information on either paper or electronic form by: rTIAL • Accessing or using the EDD supplied infonnallon only as specified in the Contract for the performance of the specificwofll I am assigned . • Never accessing Information for curiosity or personal reasons. • Never showing or discussing sensiUve or confidential informaUon to or wllh anyone wh:> does not have the need to know. • Placing sensitive or confidential Information only ln approved locations. • Never removing sensitive or confidential lnformalioo from the work site without authorization. • FollOVflng encryption requirements for all personal, sensitive, or confidential Information in any portable device or media. 11 1 certify that I have read and initia led the confide,:itiality statements pri VI~£ 5/HtJII/ Print Full Name (last, first, Ml) California Department of Social Services Print Name of Requesting Agency Attachment 01 (Rev 051414) • I ~ployee 0 Subcontractor D Other will abide by them." " Student D Volunteer Explain Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 20 of 22.; ,_..--Employment EDD Development ...;:,..._ _ Department EDD Agreement No. M8106046 7 COSS Agreement No. 17-2031 I EDD/COSS EDD Customer Code No. E00096/E00097 I ATTACHMENT 03 Page 1 of 1 Statroi California EMPLOYMENT DEVELOPMENT DEPARTMENT STATEMENT OF RESPO NSIBILITY INFORMATION SECURIT Y CERTIFICATION We, the Information .Security Officer and the Chief of the Flnancial Management and Contracts Branch, hereby certify that the California Department of Social Service5ihas in place the safeguards and security requirements stated in this lnteragency Agreement. We therefore accept responsibility for ensuring compliance with these requirements, as set forth in Exhibit "D 11 of the EDD Agreement No. M~~; r1~:z·1m 11h11 • : / ,_ _ __ I' ~~ ~ I _..___ ~-.- !INFORMATION SECURITY OFFK:ER SIGNAT~u-• PROGRAM DIRECTOR OR CHIEF INFO-RM-A-TION-0-FF-ICE_R_S_IGN_A_nJ_RE_ Lloyd lndig PRINT NAME OF INFORMATION SECUIRTY OFFICER PRJNTNAME NOTE: Information Security Officer PRINTTffi.E {916) 651-5558 TELEPHONE NUMBER Uoyd.lndig@clss.ca.gov E-MAIL ADDRESS 9 .. 2 /. /1- 0ATESIG-N-ED _______ _ ~GA-,ee# /7~6£4-M 6/JBJiA-l/g- PRINTTITlE 1ft ££6-1/t~ TELEPHONE NUMBER JI/CR)£,, G!MtJlt/rfJ 1)66, C-!4. 6{) V , -I, ~ill ADDRESS --~;_u:J_l'--7 __ _ DATE SIGNED 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 approv~d ~by: NOTE: CONTRACT MANAGER OR DISCLOSURE COORDINATOR DATE APPROVED (AFF, EMAIL, ETC.) The EDD must have a signed "Information Security Certificatioriu in its possession prior to disc/l>sure of any personal, confidential,-or sensitive information to the California Department of Social Services. Attachment 03 [Rev 051414] Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 21 of 22 SPECIAL TERMS AND CONDITIONS A. Termination Without Cause ' ,•, EXHIBIT E (lnteragency Agreement) EDD Agreement Number: M8106046 COSS Agreement No.17-2031 EDD/CDSS Customer Coder E00096/E00097 Page 1 of2 This Agreement may be terminated without cause by either party upon 30 days written notice to the other party. B. Debarment and Suspension For federally funded agreements, Contractor certifies that to the best of his/her knowledge and belief that he/she and their principals or affiliates or any sub-contractor 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. The Contractor alsc;> certifies that it or any of its sub-contractors are not listed on the Excluded Parties Listing System (http://www.epls.gov) (Executive Order 12549, 7 CFR Part 3017, 45 CFR Part 76, and 44 CFR Part 17), C. Certification Regarding Lobbying Applicable to Grants, Subgrants, Cooperative Ag:reements 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 the Contractor certifies that to the best of his or her 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, ari 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 influenc;e 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 Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. The 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. Agreement 19-1001 CDSS/County of Fresno Exhibit F Page 22 of 22 D. A-133 Audit EXt,IBIT E (lnteragency Agreement) EDD Agreement Number: M8106046 COSS Agreement No.17-2031 EDD/COSS Customer Code: E00096/E00097 Page 2 of2 Pursuant to Office of Management and Budget (0MB) Circular A-133 §.200 "Audit Requirements", non- federal entities that expend $500,000 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 0MB Circular A-133. All 0MB Circular A-133 audit reports shall meet the reporting requirements established in 0MB §.320 "Report Submission" and a copy shall be forwarded to COSS. E. Indirect Costs/Administrative Overhead For agreements with other governmental entities. c1nd public universities, 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 service~; and legal services. Indirect costs are applied to personnel, operating expenses, supplies, equipment, and travel expenses. Per State Contracting Manual, Section 3.06.B, agencies shall assure tha~ all administrative fees are reasonable considering the services being provided. Agencies may only pay overhead charges on the first $25,000 of each subcontract Any subcontractor receiving $25,000 e:>r more must be clearly identified in the budget display and excluded when the total indirect cost~ are calculated.