Loading...
HomeMy WebLinkAboutEMPLOYMENT DEVELOPMENT DEPARTMENT (2)Return FULLLY EXECUTED DEC i; 0 2022 ��t Copy to COTC, M-30 e:1�OGfC(2)Cc,mo/P a�hv7 STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 04/2020) CONTRACTING AGENCY NAME Employment Development Department CONTRACTOR NAME Santa Ana Police Department 2. The term of this Agreement Is: START DATE December 1, 2022 or upon final approval THROUGH END DATE N-2022-368 SCO ID: AGREEMENTNUMBER 0000000399 INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE2 September 30, 2025 3.The maximum amount of this Agreement is: $3,308.00 Three Thousand Three Hundred Eight Dollars and Zero Cents 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made apart of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 2 Attachment Specifications 3 A-1 Attachment SPOC Listing 1 A-2 'v<'Y Exhibit B Budget Detail and Payment Provisions i -T Exhibit C • General Terms and Conditions GTC 04/2017 4 Exhibit D Special Terms and Conditions 1 0 Exhibit E Protection of Confidentiality 3 Attachment ConfidentialltyAgreement 1 E-1 Attachment Indemnification and Responsibility Agreement 1 b- E-2 Itemss ownwt anaste s , of thisagreementat ff attachedhereto. IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BYTHE PAR77ES HERETO. CONTRACTOR CONTRACTOR NAME (If otherthan an individual, state whether a corporation, partnership,etc.) Santa Ana Police Department 20 Civic Center Plaza (M-31) Santa Ana ICA 192702 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Page 1 of 2 SCQ ID: STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMEER PURCNASINGAUTHORnYNUMU R STD 213 (Rev.04/2A20) 0000000399 CONTRACTING AGENCY NAME Employment Development Department CONTRACTING AGENCY ADDRESS CITY STATE ZIP 722 Capitol MalkMIC62-C Sacramento CA 95814 PRINTEONAMEOFPERSON SIGNING TIRE Ernesto McCorMe Manager, Contract Services Group (m CONTRACTING AGENCYAUIHORIZED SIGNATURE Ernesto signed by DATESIGNEo McCorkle Ernesto '. Ernesto McCorkle ;% 080 302-0800' CAUFOTNIADEPARTMENTOFGENERAL SERVICESAPPROVAL EXEMPTION (if Applicable) DGS Exemption Letter 54.6 Cleared CSG Dist. REIM 12/29/2022 KGH Page 2 of 2 N-2022-368 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ` eClerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney TAMARA BOGOSIAN Senior Assistant City Attorney CITY OF SANTA ANA J DGf City Manager RECOMMENDED FOR APPROVAL: DAVID VALE Chief of Police EDD Agreement No. 0000000399 EDD/Santa Ana Police Department EDD Customer Codes: E00642, E00663 Page 1 of 2 EXHIBIT A (Standard Agreement) This Agreement is entered into by and between the Employment Development Department, hereinafter referred to as the EDD, and the Santa Ana Police Department, hereinafter referred to as the EDD Data Recipient. It sets forth the terms and conditions for the release and use of the EDD's confidential information. SCOPE OF WORK I. Purpose The EDD agrees to provide confidential Employer Address and Client Address information to the EDD Data Recipient when a request for this information is made by any investigator or peace officer as defined by Sections 830.1 and 830.2 of the Penal Code, The EDD Data Recipient agrees to use the EDD confidential information for locating victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued, when the information is requested in the course of, and as a part of an investigation into the commission of a crime when there Is a reasonable suspicion that the crime Is a felony and that the information would lead to relevant evidence. II. Legal Authority The EDD shall make this information available to the EDD Data Recipient pursuant to section 1095(1) of the Unemployment Insurance Code (UIC). The EDD Data Recipient shall request and use the specified information in accordance with section 1095(i) of the UIC and section 830.1 and 830.2 of the California Penal Code, III. Agreement Representatives 1. The EDD's contact persons are: AGREEMENT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE Todd Cuevas or Designee Employment Development Department Information Security Office, MIC 33 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 907-4557 E-mail: Todd. Cuevas(Medd, ca.gov cc: ISOPrivacyDisclosureUnitf&edd.ca.gov FISCAL Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 Phone: (916) 654-9210 EDD Agreement No,0000000399 EDD/Santa Ana Police Department EDD Customer Codes: E00642, E00663 Page 2 of 2 EXHIBIT A (Standard Agreement) 2. The EDD Data Recipient contact persons are: AGREEMENT NEGOTIATIONS AND ADMINISTRATION MATTERS Sergio Enriquez Santa Ana Police Department 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 Phone (714) 245-8014 E-mail: SEnriauezosanta-ana.ora FISCAL Matters Patricia Quezada Santa Ana Police Department 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 Phone (714) 245-8048 E-mail: PQuezada(Msanta-ana.org DATA SECURITY AND INTEGRITY Boris Duran Santa Ana Police Department 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 Phone (714) 246-8236 E-mail: BDuran Santa-ana.or9 3. Either party may make changes to the Agreement Representatives information above by giving written notice to the other parry. Said changes shall not require an amendment to this Agreement. ATTACHMENT A-1 (Standard Agreement) SPECIFICATIONS EDD Agreement No. 0000000399 EDD/Santa Ana Police Department Customer Code: E00642, E00663 Page 1 of 3 I. METHODOLOGY: CALIFORNIA DEPARTMENT OF TECHNOLOGY SERVICES SECURE ELECTRONIC TRANSMITTAL SERVICE 1. The EDD Data Recipient submits a request for LE 1095(i) Locator Reports under Customer Codes E00642 and E00663 following the EDD specifications through the Secure Electronic Transmittal service hosted by the California Department of Technology Services (CDT) for the purpose of investigating felony victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued. 2. The EDD retrieves and processes the Social Security Numbers (SSNs) submitted by the EDD Data Recipient. 3. On matching records the EDD produces the data files authorized under this Agreement under Customer Codes E00642 and E00663 and submits the data files to the attention of the EDD Data Recipient through the secure electronic transmittal system. 4. The EDD Data Recipient retrieves the output data files from the secure electronic transmittal system within twenty (20) days of transfer. 5. On a quarterly basis the EDD invoices the EDD Data Recipient for all SSN transactions submitted and the cost of the secure electronic transmittal account. II. RESPONSIBILITIES 1. The EDD agrees to: a. Set up a Basic User Account and password under Customer Codes E00642 and E00663 for the EDD Data Recipient to access the CDT secure electronic transmittal system. b. Assign copies of the CDT secure electronic transmittal Basic User Manual and the EDD Abstract System Customer Instruction Packet to the EDD Data Recipient to assist the EDD Data Recipient in the implementation of the secure electronic transmittal process. c. Provide User Account administration to reset password, unlock user account, and/or modify user account. To request User Account support submit an email message to: Todd.Cuevas o0edd.camov cc: ISOPrivacvDisclosureUnit(a)edd.ca.00v d. Retrieve the EDD Data Recipient input file from the secure electronic transmittal temporary file storage repository on a daily basis and run the Input file against the EDD databases. e. Provide the EDD Data Recipient the following Abstract data files for those individuals whose submitted social security numbers match the EDD records: (1) LE 1095(1) Locator Report f. Transfer the response data file to the EDD Data Recipient, through the secure electronic transmittal system under the output Data Set Name (DSN): LE 1096(i) Locator Report: em abs abs261 sftrptsabs00642 LE 1095(I) Locator Report: em abs_abs251_sftrpts abs00663 g. Retain the output data file for a period of twenty (20) calendar days in the secure electronic transmittal temporary file repository. On the 21It day, the data file is automatically deleted. 10951 SFr Attachment A-1 LE Report/Rev 10.22) EDD Agreement No. 0000000399 EDD/Santa Ana Police Department Customer Code: E00642, E00663 Page 2 of 3 ATTACHMENT A-1 (Standard Agreement) h. Invoice the EDD Data Recipient on a quarterly basis for all SSN transactions submitted and secure electronic transmittal account cost. I. Monitor and assess status of the data to ensure that the terms, conditions, and disclosure constraints stipulated in this Agreement are followed. This compliance review is part of the EDD contract monitoring process. 2. The EDD Data Recipient agrees to: a. Establish anew password at first logon to the Basic User Account established under Customer Codes E00642 and E00663 for the EDD Data Recipient to access the CDT secure electronic transmittal system. b. Follow the following secure electronic transmittal Password Policy syntactical requirements: • The password must contain at least 15 characters. • At least one of the characters must be a number. • At least one of the characters must be a symbol (for example: • At least one of the characters must be an uppercase alpha character. c. Change the Basic User Account password on or before 90 days, after which the account will be locked. A limit of five attempts to enter the password is allowed after which the account will be locked. To request User Account support submit an email message to: Todd. C uevas0.edd.ca.gov cc: ISOPrivacvDisciosureUnit(&edd.ca.aov d. Request the file(s) authorized in this Agreement on an as needed basis during the period specified herein. The number of requests (SSNs) shall not exceed one million (1,000,000) SSNs on any daily cycle. Requests exceeding one million (1,000,000) SSNs will process the first one million (1,000,000) SSNs only. SSNs in excess of one million (1,000,000) will be discarded and the EDD Data Recipient will need to resubmit in a future cycle. e. Upload the request file into the secure electronic transmittal temporary Ole storage repository, on an as needed basis, under the input DSN: em abs_abs010 absreq abs642 em abs abs010 absreq_abs663 f. Retrieve the response data file from the secure electronic transmittal temporary Ole storage repository within twenty (20) calendar days from submission. On the 21" day, the data file is automatically deleted. g. Delete the retrieved response data file from the secure electronic transmittal temporary file storage repository before submitting a new request. h. Comply with the UIC on any matters pertaining to the access, use, and/or release of data under this Agreement, Failure to comply with this provision shall be deemed a breach of this Agreement and shall be grounds for cancellation of this Agreement. L Oversee the EDD Data Recipient staff in their use of confidential information received from the EDD. j. Instruct all the EDD Data Recipient 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 10951 SFT Anechment A•1_LE Repod (Rev 10.22) EDD Agreement No. 0000000399 EDD/Santa Ana Police Department Customer Code: E00642, E00663 Page 3 of 3 ATTACHMENT A-1 (Standard Agreement) provisions outlined in Exhibit E — Protection of Confidentiality Provisions; and (4) the sanctions and penalties against unauthorized use or disclosure found in sections 1094 and 2111 of the UIC, section 1798.55 of the California Civil Code, and section 502 of the California Penal Code. k. Ensure that all the EDD Data Recipient staff assigned to work with the information provided by the EDD have signed the EDD Confidentiality Statement (Attachment E-1. Rev. 11- 2021). I. Comply with section 603.9, Title 20 of the Code of Federal Regulations with respect to any of the EDD confidential information. m. Dispose of the EDD's confidential information using an approved method of confidential destruction. n. Not release the EDD's confidential information to any other public or private entity without the EDD's prior written consent. o. Cooperate with the EDD's authority to monitor this Agreement in accordance with Exhibit E, Section ll, paragraphs (a) and (f). p. Pursuant to 20 C.F.R., Part 603.10(c)(1), if the EDD Data Recipient fails to comply with any provision of this Agreement, including timely payment of the EDD's costs under this Agreement, this Agreement shall be suspended and no further disclosures will be made until the EDD is satisfied that corrective action has been taken and there will be no further breach. In the absence of prompt and satisfactory corrective action, this Agreement will be cancelled, and the EDD Data Recipient shall surrender to the EDD all confidential information obtained under this Agreement which has not been previously returned to the EDD, and any other information relevant to the Agreement. 3. Joint Responsibilities. Both parties agree to: a. Designate staff to have primary responsibility for program liaison, coordination of activities, and to meet, when necessary, to further redefine specific program procedures. b. Not disclose any of the EDD or the EDD Data Recipient information to any person or agency other than those authorized specifically under this Agreement. c. Cooperate fully and furnish such assistance as may be mutually agreed upon by the parties hereto as being necessary and appropriate for proper performance of this Agreement. III. ACCURACY ASSESSMENT Individual employers and claimants report the information in the EDD's files. Since the EDD is not the originator of the information disclosed, the EDD cannot guarantee the accuracy of the information. U951SFT Attachment A-1 LE Report (Rev 10-22) ATTACHMENT A•2 (Standard Agreement) SPOC LISTING SINGLE POINTIS) OF CONTACT EDD Agreement Number: 0000000399 EDD/Santa Ana Police Department EDD Customer Codes: E00642, E00663 Page 1 of 1 E Code SPOG NAME _ ADDRESS PHONE E00642 Elizabeth Granados 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 (714) 245.8426 EGranadosCa).santa-ana,ora E00663 Manuel Moreno 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 (714) 245-8271 MMoreno0santa-ana.org EDD Agreement No. 0000000399 EDD/Santa Ana Police Department EDD Customer Code: E00642, E00663 Page 1 of 1 EXHIBIT B (Standard Agreement) I. BUDGET DETAILS AND PAYMENT PROVISIONS a. The maximum amount of this Agreement shall not exceed Three Thousand Three Hundred Eight Dollars and Zero Cents ($3,308.00). b. In consideration of the performance and completion of the foregoing in a satisfactory manner, and upon receipt of a detailed invoice, in triplicate, quarterly in arrears, the EDD Data Recipient shall reimburse the EDD the total amount due, based on the following product rate structure: $16.00 per month SIFT Account Fee • A $1,600.00 Administrative Fee. The administrative costs for contracting Include the costs for development, processing, and maintenance of an Agreement. Your Agreement will be charged the administrative cost divided by the number of quarters of the actual term of the contract to total $1,500. These costs are computed in accordance with sections 8752 and 8752.1 of the State Administrative Manual; and • $2,00 per SSN for each LE 1095(i) Locator Report requested. c. The EDD Data Recipient shall be charged for the total number of products requested, Each SSN submitted will generate 1 LE 1095(i) Locator Report. d. The maximum amount of this Agreement has been computed based on an estimated 30 SSNs per quarter (billing will be at value based on actual volume), as follows: 30 x 2.00 x 12Q LE 1095 i Locator report $720.00 Administrative Fees $1,500.00 SFT Account Fee $32.00 x 34 Months $1,088.00 Total for contract $3,308.00 e. The EDD invoices will reference the EDD Agreement No. 0000000399 and the EDD Customer Codes; E00642 and E00663; and shall be submitted for payment to: Patricia Quezada Police Fiscal Services Supervisor Santa Ana Police Department 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 f. The EDD Data Recipient payment must reference the EDD Invoice Number, the EDD Agreement No. 0000000399, and the EDD Customer Codes: E00642 and E00663; and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 Exhibit B (Rev 03-2022) EDD Agreement No. 0000000390 EDD/Santa Ana Police Department EDD Customer Codes: E00642, E00663 Page 1 of 1 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Force Maleure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in this section, "Force Majeure" is defined as follows: Acts of war and riots, and acts of god such as earthquakes, floods, pandemics and other natural disasters, such that performance is impossible. 2. Workforce Innovation and Opportunity Act The Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced In 29 CFR, parts 37 and 38. 3. Termination This Agreement may be terminated by either party by giving written notice 30 days' prior to the effective date of such termination. 4. Settlement of Disputes Any dispute concerning a question of fact arising under the term of this Agreement which is not disposed of within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the administration of this contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. 5. Executive Order N-6-22 — Russia Sanctions On March 4, 2022, Governor Gavin Newsom Issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions Imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for rejection of the Contractor's bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State. Speclal Terms and Conditions (Rev 07-2022) EXHIBIT E (Standard Agreement) PROTECTION OF CONFIDENTIALITY EDD Agreement No. 0000000399 EDD/Santa Ana Police Department EDD Customer Codes: E00642, E00663 Page 1 of 3 Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD's confidential Information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. The EDD Data Recipient must therefore, agree to the following security and confidentiality requirements: I. ADMINISTRATIVE SAFEGUARDS a. Adopt policies and procedures to ensure use of the EDD's confidential information solely for purposes specifically authorized under this Agreement that meet the requirements of section §603.10, Title 20 of the Code of Federal Regulations. b. Warrant by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee. In the event of a breach or violation of this warranty, the EDD shall have the right to annul this Agreement without liability, in addition to other remedies provided by law, c. Warrant and certify that in the performance of this Agreement, the EDD Data Recipient will comply with all applicable statutes, rules and/or regulations, and Agreement Information security requirements, including but not limited to the following: • California Unemployment Insurance Code §1094 (Disclosure Prohibitions) • Title 20, Code of Federal Regulations §603.9 and §603.10 (Federal Unemployment Compensation Safeguards and Security Requirements) • California Civil Code §1798, at seq. (Information Practices Act) • California Penal Code §602 (Computer Fraud Act) • Title 5, U.S. Code §552a (Federal Privacy Act Disclosure Restrictions) • Title 42, U.S. Code §603 (Social Security Act) • Title 18, U.S. Code §1906 (Disclosure of Confidential Information) d. Agree to indemnify the EDD against any loss, cost, damage or liability resulting from violations of these applicable statutes, rules and/or regulations, and Agreement information security requirements that meet section 5305.8 of the State Administrative Manual. e. Protect the EDD's information against unauthorized access, at all times, in all forms of media. Access and use the Information obtained under this Agreement only to the extent necessary to assist in the valid administrative needs of the program receiving such Information, and only for the purposes defined In this Agreement. f. Keep all the EDD's confidential information completely confidential. Make this information available to authorized personnel on a "need -to -know" basis, and only for the purposes authorized under this Agreement. "Need -to -know" refers to those authorized personnel who need information to perform their official duties in connection with the use of the information authorized by this Agreement. g. Immediately upon discovery, notify the EDD Information Security Office (ISO) at InformationSecuriNOftice(Medd.ca.cov, that there may have been a breach in security which has or may have resulted in the disclosure of confidential information. For purposes of this section, Immediately is defined within 24 hours of discovery of the breach. Confidentiality Requirements (Rev 10-2022) EDD Agreement No. 0000000399 EDD/Santa Ana Police Department EDD Customer Codes: E00642, E00663 Page 2 of 3 EXHIBIT E (Standard Agreement) The notification must include a detailed description of the incident (such as time, date, location, and circumstances) and identify the EDD Data Recipient personnel responsible (name, title and contact Information) for handling breach disclosures. Please do not Include any confidential information in the notification. II. MANAGEMENT SAFEGUARDS a. Acknowledge that the confidential information obtained by the EDD Data Recipient under this Agreement remains the property of the EDD, b. Instruct all personnel assigned to work with the information provided under this Agreement regarding the following: • Confidential nature of the EDD Information. • Requirements of this Agreement, • Sanctions specified in federal and state unemployment compensation laws and any other relevant statutes against unauthorized disclosure of confidential Information provided by the EDD. c. Require that all personnel assigned to work with the Information provided by the EDD complete the EDD Confidentiality Agreement (Attachment E-1). d. Return the following completed documents to the EDD Contract Services Group: o The EDD Confidentiality Agreement (Attachment E-1): Require to be completed by the Santa Ana Police Department information Security Officer or authorized Management Representative. e. Permit the EDD to make on -site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD staff, on request and during on -site reviews, copies of the EDD Confidentiality Agreement (Attachment E-1) completed by personnel assigned to work with the EDD's confidential information, and hereby made a part of this Agreement. f. Maintain a system of records sufficient to allow an audit of compliance with the requirements under subsection (a) of this part. Permit the EDD to make on -site inspections to ensure that the requirements of federal and state privacy, confidentiality and unemployment compensation statutes and regulations are being met including but not limited to 41137(a)(5)(B) of the Social Security Act. III. USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS a. Use the EDD's confidential information only for purposes specifically authorized under this Agreement. The Information is not admissible as evidence in any action or special proceeding except as provided under section 1094(b) of the UIC. Section §1095(u) of the UIC does not authorize the use of the EDD's confidential information by any private collection agency. b. Extraction or use of the EDD information for any purpose outside the purposes stated in this Agreement Is strictly prohibited. The information obtained under this Agreement shall not be reproduced, published, sold, or released in original or any other form not specifically authorized under this Agreement. c, Disclosure of any of the EDD information to any person or entity not specifically authorized in this Agreement is strictly prohibited, Personnel assigned to work with the EDD's confidential information shall not reveal or divulge to any person or entity any of the confidential information provided under this Agreement except as authorized or required by law. IV. PHYSICAL SAFEGUARDS a. Take precautions to ensure that only authorized personnel are given access to physical, electronic and on-line files, Store electronic and hard copy information in a place physically secure from access by confidentiality Requirements (Rev 10-2022) EDD Agreement No. 0000000399 EDD/Santa Ana Police Department EDD Customer Codes; E00642, E00663 Page 3 of 3 EXHIBIT E (Standard Agreement) unauthorized persons. Process and store information in electronic format, such as magnetic tapes or discs, in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means. b. Secure and maintain any computer systems (network, hardware, and software applications) that will be used in the performance of this Agreement. This includes ensuring that all security patches, upgrades, and anti -virus updates are applied as appropriate to secure data that may be used, transmitted, or stored on such systems in the performance of this Agreement, c. Store all the EDD's confidential documents in a physically secure manner at all times to prevent unauthorized access, d. Store the EDD's confidential electronic records in a secure central computer facility, Where in -use on a shared computer system or any shared data storage system, ensure appropriate information security protections are in place. The EDD Data Recipient shall ensure that appropriate security access controls, storage protections and use restrictions are in place to keep the confidential Information in the strictest confidence and shall make the information available to its own personnel on a "need -to -know" basis only. e. Store the EDD's confidential data In encrypted format when recorded on removable electronic storage media, or on mobile computing devices such as a laptop computer. f. Maintain an audit trail and record data access of authorized users and authorization level of access granted to the EDD's data, based on Job function. g. Direct all personnel permitted to use the EDD's data to avoid leaving the data displayed on their computer screens where unauthorized users may view it, Personnel should retrieve computer printouts as soon as they are generated so that the EDD's data is not left unattended in printers where unauthorized personnel may access them. h. Dispose of confidential information obtained from the EDD, and any copies thereof made by the EDD Data Recipient, after the purpose for which the confidential information is disclosed is served. Disposal means return of the confidential Information to the EDD or destruction of the Information utilizing an approved method of confidential destruction, which Includes electronic deletion (following Department of Defense specifications) shredding, burning, or certified or witnessed destruction. Confidentlalily Requirements (Rev 10-2022) ® �. Employment EDD Agreement No.0000000399I evelopmEDD/Santa Ana Police Department _ DDepartmenentt EDD Customer Codes: E00642, E00663 stare of [aliforniR ATTACHMENT NO.E-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. (AAIl0an employee or Santa Ana Police Department PRWTYWRINLE PARITYWROPLOYER'e11AAE hereby acknowledge that the confidential and/or sensitive records of the Employment Development Department are subject to strict confidentiality requirements imposed by slate and federal law include the Unemployment Insurance Code (UIC) §§1094 and 2111. the California Civil Cade (CC) §1798 et seq., the California Panel Code (PC) §502, Title 5, USC §552a, Code of Federal Regulations, Title 20 pan 603, and Tille 18 USC §1905. M' M ' Acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security 1MIX requirements, policies, and administrative processes of my organization and of the EDD. nn t• -0. Acknowledge responsibility for knowing the classification of the EDD information I work with and agree to refer questions about the classification UnruL of the EDD information (public, sensitive, confidential) to the person the Contract assigns responsibility for the security and confidentiality of the ,M m EDD's data. Acknowledge responsibility for knowing the privacy, confidentiality, and data security taws that apply to the EDD information I have been granted iMruL access to by my employer, including UIC §§1094 and 2111, California Government Code § 15619, CC § 1798.53, and PC § 502. m M- Acknowledge that wrongful access, use, modificagon, or disclosure of confidential information may be punishable as a crime and/or result in disciplinary and/or civil action taken against me--4ncluding but not limited to: reprimand, suspension without pay, salary reduction, demotion, or ,v1 dismissal —and/or fines and pen allies resulting from criminal prosecution or civil lawsuits, and/or termination of contract. Acknowledge that wrongful access, inspection, use, or disclosure of confidential information for personal gain, curiosity, or any non -business imnnL related reason is a crime under stale and federal laws. morn Acknowledge that wrongful access, use, modification, or disclosure of confidential information is grounds for immediate termination of my �L organization's Contract with the EDD. Agree to protect the folloving types of the EDD confidential and sensitive information: I'Mul Wage Information Applicant Information • Employer Information Proprietary Information • Claimant Information Operational Information (manuals, guidelines, procedures). Tax Payer Information Hereby agree to protect the EDO's information on either paper or electronic form by. wirut • Accessing or using the EDD supplied information only as specified in the Contract for the performance of the specific work I am assigned. • Never accessing information for curiosity or personal reasons. • Never showing or discussing sensitive or confidential Information to or with anyone who does not have the need to know. • Placing sensitive or confidential information only in approved locations. • Never removing sensitive or confidential information from the work site without authorization. • Following encryption requirements for all personal, sensitive, or confidential information in any portable devi r media. "I certify that I have read and initialed the confidentiality statements prin v ill abi a by them," (`�itR�r•„o ml�t��� Print Full Name (last, first, MI) Signature Santa Ana Police Department I2�2YIZZ Print Name of Requesting Agency _ Date Signed Check the:appropriate box: ❑ Employee ❑ Student ❑ Subcontractor ❑ Volunteer ❑ Other Attachment E-1 (Rev 11-21) Employment EDD Agreement No.0000000399 E®Y oevelopmont EDD/Santa Ana Police Department Department EDD Customer Code No. E00542, E00863 State of California ATTACHMENT NO.E-2 Page 1 of I EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT In consideration of access to the EDD information which is personal, sensitive, or confidential, the EDD Data Recipient agrees to indemnify the EDD against any and all liability costs, damages, attorney fees, and other expenses the EDD may incur by reason of or as a result of any unauthorized use of the personal, sensitive, or confidential Information or any violation of the °Confidentiality Agreement° by any and all employees of the EDD Data Recipient. This obligation shag be continuous and may not be changed or modified unless agreed to In writing. In addition, I understand that the following penalties may be incurred for any such misuse of the EDD Information; 1. Any individual who has access to returns, reports, or documents maintained by the EDD who does not maintain the confidentiality of the information or publishes or opens the information to public inspection in any manner may be punished by Imprisonment in the county jail for up to one year or a fine of $20,000.00 or both. (Unemployment Insurance Code §§ 2111 and 2122). 2. Any person who intentionally discloses information, not otherwise public, which they knew or should have known was obtained from personal information maintained by a state agency, shall be subject to civil action for invasion of privacy by the individual to whom the Information pertains. (California Civil Code §1798.53). 3. Any unauthorized access to the EDD computer data, computer systems, or unauthorized use of the EDD data is punishable by a fine or imprisonment in the county jail or both. (California Penal Code §502). INFORMATION SECURITY STATEMENT OF RESPONSIBILITY By EDD Data Recipienrs signature on the STD 213, EDD Data Recipient attests that it has in place the safeguards and security requirements stated in this Agreement that meet the requirements of sections 13400 -13407 of the California Government Code and sections 603.9 and 603.10 of Title 20 of the Code of Federal Regulations. The EDD Data Recipient therefore accepts responsibility for ensuring compliance with these requirements, as set forth in Exhibit °E" of the EDD Agreement No. 0000000399. AOachment E-2 (Rev 10-2022)