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HomeMy WebLinkAbout2018 CON Employment Development Dept EDD - Confidential Information ServicesSTATE OF CALIFORNIA STANDARD AGREEMENT STD. 213 (Rev 06/03) EDD CUSTOMER CODE: PROJECT/ACTIVITY CODE: E00559 695/090 REGISTRATION NUMBER AGREEMENT NUMBER M8106503 1. This Agreement is entered into between the Agency and the State of California Contractor named below: 2. 3. REQUESTER AGENCY NAME City of National City, Police Department STATE OF CALIFORNIA—CONTRACTOR'S NAME Employment Development Department The term of this Agreement is: The maximum amount of this Agreement is: March 1, 2018 through February 28, 2021 $2,436.00 Two Thousand Four Hundred and Thirty Six Dollars and No 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 Al Specifications 4 Pages Exhibit B Budget Detail and Payment Provisions 1 Page Exhibit C* General Terms and Conditions GTC 04-2017 Exhibit D Protection of Confidentiality 3 Pages Attachment D1 Confidentiality Agreement 1 Page Attachment D2 Indemnity Agreement 1 Page Attachment D3 Statement of Responsibility 1 Page Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at: www.dgs.ca.gov/ols/Resources/StandardContractLanquaqe.aspx. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. STATE OF CALIFORNIA CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) Employment Development Department BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Sheri L. Collins, Manager, Contract Services Group DATE SIGNED(Do not type) ADDRESS P.O. Box 826880, MIC 62-C Sacramento, CA 94280-0001 AGENCY AGENCY'S NAME City of National City, Police Department BY (Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING Leslie Deese, City Manager DATE SIGNED(Do not type) 31shirg ADDRESS 1243 National City Blvd National City, CA 91950 California Department of General Services Use Only Ell Exempt per: EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 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 City of National City, Police Department, hereinafter referred to as the City. 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 City. The City 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 City pursuant to California Unemployment Insurance Code (CUIC) Section 1095(i). The City shall request and use the specified information in accordance with CUIC Section 1095(i) and California Penal Code Section 830.1. III. Contract Representatives 1. The EDD's contact persons are: CONTRACT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE Ivory Mitchell, or Designee Employment Development Department Information Security Office, MIC 33 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 654-9381 E-mail: Ivory.Mitchell@edd.ca.gov Cc: ISOPrivacyDisclosureUnit@edd.ca.gov FISCAL Erlinda Matienzo or Designee Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 653-4227 E-mail: Erlinda.Matienzo(a�edd.ca.gov EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 2 of 2 EXHIBIT A (Standard Agreement) 2. The City contact persons are: CONTRACT NEGOTIATIONS AND ADMINISTRATION Graham Young or Designee City of National City, Police Department 1200 National City Blvd National City, CA 91950 Phone: (619) 336-4514 E-mail: gyoung@nationalcityca.gov FISCAL MATTERS Mark Roberts, Director of Finance City of National City, Finance Dept. 1243 National City Blvd. National City, CA 91950 Phone: (619) 336-4265 E-mail: mroberts@nationalcityca.gov CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS Data Security and Integrity: Traci Whited Internal distribution of the EDD products: Tom Di Zinno 3. 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. g. EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 ATTACHMENT Al (Standard Agreement) SPECIFICATIONS Page 1 of 4 I. METHODOLOGY: OFFICE OF TECHNOLOGY SERVICES (OTECH) SECURE FILE TRANSFER SERVICE (SFT) 1. The City submits a request for LE 1095(i) Locator Reports under Customer Codes E00559 following the EDD specifications through the Secure File Transfer (SFT) service hosted by the California Office of Technology Services (OTech) 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 (SSN) submitted by the City. 3. On matching records the EDD produces the data files authorized under this agreement under Customer Code E00559 and submits the data files to the attention of the City through the SFT system. 4. The City retrieves the output data files from the SFT system within twenty (20) days of transfer. 5. On a quarterly basis the EDD invoices the City for all SSN transactions submitted and the cost of the SFT account. I. RESPONSIBILITIES 1. The EDD agrees to: a. Set up a Basic User Account and password under Customer Code E00559 for the City to access the OTech SFT system. b. Assign copies of the OTech SFT Basic User Manual and the EDD Abstract System Customer Instruction Packet to the City to assist the City in the implementation of the SFT 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: Ivory.Mithchell@edd.ca.gov Cc: ISOPrivacyDisclosureUnit@edd.ca.gov d. Retrieve the City input file from the SFT temporary file storage repository on a daily basis and run the input file against the EDD databases. e. Provide the City the following Abstract data files for those individuals whose submitted social security numbers match the EDD records: (1) LE 1095(i) Locator Report f. Transfer the response data file to the City, through the SFT system under the output DSN: LE 1095(i) Locator Report: em_abs_abs251_sftrpts_abs00559 Retain the output data file for a period of twenty (20) calendar days in the SFT temporary file repository. On the 21th day, the data file is automatically deleted. h. Invoice the City on a quarterly basis for all SSN transactions submitted and SFT account cost. EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 2 of 4 ATTACHMENT Al (Standard Agreement) i. Monitor and assess status of the data to ensure that the terms, conditions, and disclosure constraints stipulated in this agreement are followed. This compliance review is part of the EDD contract monitoring process. 2. The City agrees to: a. Request only the EDD information specifically authorized under this Agreement. b. Establish a new password at first logon to the Basic User Account established under Customer Code E00559 for the City to access the OTech SFT system. c. Follow the following SFT Password Policy syntactical requirements: • The password must contain at least 8 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. d. 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: Ivory.Mitchell@edd.ca.gov Cc: ISOPrivacyDisclosureUnit@edd.ca.gov e. Create the request for LE 1095(i) Locator Reports, following the EDD specifications, for felony victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued. f. 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 1,000,000 (one million) SSNs on any daily cycle. Requests exceeding 1,000,000 SSNs will process the first 1,000,000 SSNs only. SSNs in excess of 1,000,000 will be discarded and the City will need to resubmit in a future cycle. Upload the request file into the SFT temporary file storage repository, on an as needed basis, under the input DSN: g• em_abs_abs010_absreq_abs00559 h. Retrieve the response data file from the SFT temporary file storage repository within twenty (20) calendar days from submission. On the 21s1 day, the data file is automatically deleted. i. Delete the retrieved response data file from the SFT temporary file storage repository before submitting a new request. j. Use the EDD information to assist in the investigations of felonies or suspected felonies. k. Comply with the California Unemployment Insurance Code (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. I. Oversee the City staff in their use of confidential information received from the EDD. EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 3 of 4 ATTACHMENT Al (Standard Agreement) m. Instruct all the City 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 CUIC Sections 1094 and 2111, the California Civil Code Section 1798.55, and the California Penal Code Section 502. n. Ensure that all City staff assigned to work with the information provided by the EDD have signed the EDD Confidentiality Statement (Attachment D1. Rev 05/14/14). o. Comply with Title 20, Code of Federal Regulations Section 603.9 with respect to any of the EDD confidential information. p. Use the information provided by the EDD only as specifically authorized under this agreement. The Unemployment Insurance Code section 1095(u) prohibits a private collection agency from using any EDD information the City obtains under this Contract. Therefore, nothing in this Contract shall be construed to authorize or permit a private collection agency to use the EDD information for any purpose. Violation of this paragraph will be a basis for terminating the Contract. q. Dispose of the EDD's confidential information using an approved method of confidential destruction. r. Not release the EDD's confidential information to any other public or private entity without the EDD's prior written consent. s. Cooperate with the EDD's authority to monitor this Agreement in accordance with Exhibit D, Section II, paragraphs (e) and (f). t. Pursuant to 20 C.F.R., Part 603.10(c)(1), if the City 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 City 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 City information to any person or agency other than those authorize specifically under this Agreement. c. Cooperate fully and furnish such assistance as may be mutually agreed upon by the parties hereto as being necessary and appropriate for proper performance of this Agreement. 4. Disputes: In the event of a dispute between the EDD and the City over any part of this Agreement, the dispute may be submitted to nonbinding arbitration upon the consent of both the EDD and the City. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 ATTACHMENT Al (Standard Agreement) III. ACCURACY ASSESSMENT Page 4 of 4 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. 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. g. EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 1 of 1 EXHIBIT B (Standard Agreement) I. BUDGET DETAILS AND PAYMENT PROVISIONS a. The maximum amount of this Agreement shall not exceed Two Thousand Four Hundred Thirty Six Dollars and No Cents ($2,436.00). 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 City shall reimburse EDD the total amount due, based on the following product rate structure: • $16.00 per month SFT Account Fee • A $1,500.00 Administrative Fee. The administrative costs for contracting include the costs for development, processing, and maintenance of a contract, which averages $1,500 per contract. For a three year contract, the administrative fee will be charged at a rate of $125 per quarter. 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 City shall be charged for the total number of products requested. Each Social Security Number (SSN) submitted will generate 1 LE 1095(i) Locator Report. d. The maximum amount of this Agreement has been computed based on an estimated 15 SSNs per quarter, as follows: EDD ABSTRACT FORMULA COST LE 1095(i) Locator Report 15 x 2.00 x 12Q $360.00 Administrative Fees $1,500.00 SFT Account Fee 16.00 x 12 Months x 3 yrs $576.00 Total for 3-year contract $2,436.00 f. The EDD invoices will reference the EDD Agreement No. M8106503 and EDD Customer Code: E00559; and shall be submitted for payment to: Bridget Gregory, Operations Assistant City of National City, Police Department 1200 National City Blvd National City, CA 91950 The City payment must reference EDD Invoice Number, EDD Agreement No. M8106503, and the Customer Code: E00559; and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 EDD Agreement Number: M8106503 EDD/City of National City, Police Department Customer Codes: E00559 Page 1 of 3 EXHIBIT D (Standard Agreement) PROTECTION OF CONFIDENTIALITY Federal and state confidentiality laws, regulations, and administrative policies classify all the Employment Development Department (EDD) information provided under this Agreement as confidential. The federal and state laws prohibit disclosure of the EDD's confidential information to the public and mandate its protection against loss and against unauthorized access, use, disclosure, modification, or destruction. The City 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 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, 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 City will comply with all applicable statutes, rules and/or regulations, and Agreement information security requirements, including but not limited to the following: • California Unemployment Insurance Code §1094 (Disclosure Prohibitions) • Title 20, Code of Federal Regulations §603.9 and §603.10 (Federal Unemployment Compensation Safeguards and Security Requirements) • California Civil Code §1798, et seq. (Information Practices Act) • California Penal Code §502 (Computer Fraud Act ) • Title 5, U.S. Code §552a (Federal Privacy Act Disclosure Restrictions) • Title 42, U.S. Code §503 (Social Security Act) • Title 18, U.S. Code §1905 (Disclosure of Confidential Information) d. 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 information against unauthorized access, at all times, in all forms of media. Access and use the information obtained under this Agreement only to the extent necessary to assist in the valid administrative needs of the program receiving such information, and only for the purposes defined in this Agreement. f. Keep all the EDD's confidential information completely confidential. Make this information available to authorized personnel on a "need -to -know" basis and only for the purposes authorized under this Agreement. "Need -to -know" refers to those authorized personnel who need information to perform their official duties in connection with the use of the information authorized by this Agreement. Confidentiality Requirements STD. [Rev 03/08/2016] g. EDD Agreement Number: M8106503 EDD/City of National City, Police Department Customer Codes: E00559 Page 2 of 3 EXHIBIT D (Standard Agreement) Notify the EDD Help Desk at (916) 654-1010, 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 <InformationSecurityOffice@edd.ca.gov>. II. MANAGEMENT SAFEGUARDS a. Acknowledge that the confidential information obtained by City 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 D1): d. Return the following completed documents to the EDD Contract Services Group: o The EDD Indemnity Agreement (Attachment D2): Required to be completed by the City Chief Financial Officer or authorized Management Representative, unless the City is a State Agency. o The EDD Statement of Responsibility Information Security Certification (Attachment D3): Required to be completed by the Information Security Officer or authorized Management Representative. e. Permit the EDD to make on -site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD staff, on request and during on -site reviews, copies of the EDD Confidentiality Agreement (Attachment D1) 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 (d) 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 Social Security Act §1137(a)(5)(B). 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 §1094(b) of the California Unemployment Insurance Code (CUIC). Section 1095(u) of the CUIC does not authorize the use of the EDD's confidential information by any private collection agency. b. Extraction or use of the EDD information for any purpose outside the purposes stated in this Agreement is strictly prohibited. The information obtained under this Agreement shall not be reproduced, published, sold, or released in original or any other form not specifically authorized under this Agreement. Confidentiality Requirements STD. [Rev 03/08/2016] EDD Agreement Number: M8106503 EDD/City of National City, Police Department Customer Codes: E00559 Page 3 of 3 EXHIBIT D (Standard Agreement) c. Disclosure of any of the EDD information to any person or entity not specifically authorized in this Agreement is strictly prohibited. Personnel assigned to work with the EDD's confidential information shall not reveal or divulge to any person or entity any of the confidential information provided under this Agreement except as authorized or required by law. IV. PHYSICAL SAFEGUARDS a. Take precautions to ensure that only authorized personnel are given access to physical, electronic and on-line files. Store electronic and hard copy information in a place physically secure from access by unauthorized persons. Process and store information in electronic format, such as magnetic tapes or discs, in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means. b. Secure and maintain any computer systems (network, hardware, and software applications) that will be used in the performance of this Agreement. This includes ensuring that all security patches, upgrades, and anti -virus updates are applied as appropriate to secure data that may be used, transmitted, or stored on such systems in the performance of this Agreement. c. Store all the EDD's confidential documents in a physically secure manner at all times to prevent unauthorized access. d. Store the EDD's confidential electronic records in a secure central computer facility. Where in -use on a shared computer system or any shared data storage system, ensure appropriate information security protections are in place. The City 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. 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 City, 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. g. Confidentiality Requirements STD. [Rev 03/08/2016] EI Employment Development Department State of California EDD Contract No. M8106503 EDD Customer Code No. E00559 EDD/City of National City, Police Department ATTACHMENT NO. D1 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. wA t l/J,N J an employee of City of National City, Police Department PRINT YOUR NAME PRINT YOUR EMPLOYER'S NAME by acknowledge that the confidential and/or sensitive records of the Employment Development Department are subject to strict confidentiality requirements d by state and federal law include the California Unemployment Insurance Code (UIC) §§1094 and 2111, the California Civil Code (CC) §1798 et seq., the a Penal Code (PC) §502, Title 5, USC §552a, Code of Federal Regulations, Title 20 part 603, and Title 18 USC §1905. "I INITIAL acknowledge that my supervisor and/or the Contracts Confidentiality and Data Security Monitor reviewed with me the confidentiality and security requirements, policies, and administrative processes of my organization and of the EDD. 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 the EDD's data. 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 UIC §§1094 and 2111, California Government Code § 15619, CC § 1798.53, and PC § 502. 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. 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. acknowledge that wrongful access, use, modification, or disclosure of confidential information is grounds for immediate termination of my organization's Contract with the EDD. agree to protect the following types of the EDD confidential and sensitive information: • Wage Information • Employer Information • Claimant Information • Tax Payer Information • Applicant Information • Proprietary Information • Operational Information (manuals, guidelines, procedures) hereby agree to protect the EDD's information on either paper or electronic form by: • 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 anyon • Placing sensitive or confidential information only in approved locations. • Never removing sensitive or confidential information from the work site without au • Following encryption requirements for all personal, sensitive, or confidential informa who does not have the need to know. tion. n any port le device or media. certify that I have read and initialed the confidentiality statement • rinte • above and will abide by them." Print Full Name (last, first, MI) City of National City, Police Department Print Name of Requesting Agency Signature ❑ Employee ❑ Subcontractor ❑ Other Date Signed Check the appropriate box: ❑ Student ❑ Volunteer Explain Attachment D1 [Rev 051414] Employment EDDDevelopment Department State of C a l i f o r n i a EDD Contract No. M8106503 EDD Customer Code No. E00559 EDD/ City of National City, Police Department ATTACHMENT NO. D2 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT In consideration of access to the EDD information which is personal, sensitive, or confidential, City of National City, Police Department (Enter name of Chief Financial Officer or authorized Management Representative) 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: City of National City, Police Department (Enter Requesting Agency/Entity Name) This obligation shall be continuous and may not be changed or modified unless agreed to in writing. In addition, I understand that the following penalties may be incurred for any such misuse of the EDD Information: 1. Any individual who has access to returns, reports, or documents maintained by the EDD who fails to protect the confidential information from being published or open to the public may be punished by imprisonment in the county jail for up to one year or a fine of $20,000.00 or both. (California 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). I certify that I have read, understand, and agree with the above terms. SIGNED BY REQUESTING ENTITY REPRESENTATIVE Deese, Leslie 1 )t Print Full Name (last, first, MI) City Manager Print Title City of National City, Police Department Print Name of Requesting Entity 3( slip Signature Date Signed G FvO, Enter Name Governme al Sponsor/Entity Attachment D2 [Rev 051414] Employment EDD Development Department S t ate of California EDD Contract No. M8106503 EDD Customer Code No. E00559 EDD/ City of National City, Police Department ATTACHMENT NO. D3 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT STATEMENT OF RESPONSIBILITY INFORMATION SECURITY CERTIFICATION We, the Information Officer and the Investigator hereby certify that City ha in place the safeguards and security requirements stated in this Interagency Agreement. We therefore accept sponsibility for ensuring compliance with these requirements, as set forth in Exhibit "D" of the EDD Cotract No M8106503. INFORMATION OFFICER SIGNATURE Traci Whited PRINT NAME Information Officer PRINT TITLE (619) 336-4459 TELEPHONE NUMBER TWhited@nationalcityca.gov E-MAIL ADDRESS 3/5-/a° DATE SIGNED INVESTIGATOR SIGNATURE Tom Di Zinno PRINT NAME Investigator PRINT TITLE (619) 336-4473 TELEPHONE NUMBER TDilinno@nationalcityca.gov E-MAIL ADDRESS -Vs-1 4.01 DATE SIGNED NOTE: Return this Information Security Certification to the EDD Contract Manager with the signed copies of the Contract. FOR THE EDD USE ONLY 1. Information Security Certification received by: EDD CONTRACT MANAGER NAME 2. The EDD information asset access approved by: DATE RECEIVED CONTRACT MANAGER OR DISCLOSURE COORDINATOR DATE APPROVED (AFF, EMAIL, ETC.) NOTE: The EDD must have a signed "Information Security Certification" in its possession prior to disclosure of any personal, confidential, or sensitive information to the City of National City, Police Department. Attachment D3 [Rev 051414] California Labor and Workforce Development Agency Employment EDD Development ��r Department State of California March 13, 2018 City of National City, Police Department 1243 National City Blvd National City, CA 91950 SUBJECT: EDD AGREEMENT M8106503 Edmund G. Brown Jr. Governor Enclosed is your copy of the above -referenced fully executed Agreement. If you have questions, please call me at (916) 654-7987. Thank You! /7(1-79:71-471 Matt Nitta Contract Analyst Enclosures P.O. Box 826880 • Sacramento CA 94280-0001 • www.edd.ca.gov RESOLUTION NO. 2018 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH THE EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) THAT INCLUDES A CONFIDENTIALITY AGREEMENT AND AN INDEMNITY AGREEMENT, FOR THE TOTAL NOT TO EXCEED AMOUNT OF $2,436 PROVIDING THE NATIONAL CITY POLICE DEPARTMENT ACCESS TO EDD'S CONFIDENTIAL EMPLOYER ADDRESS AND CLIENT ADDRESS INFORMATION FOR INVESTIGATIVE PURPOSES WHEREAS, the Employment Development Department (EDD) confidential database is an investigative tool to locate victims, suspects, missing persons, potential witnesses, and 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; and WHEREAS, the Police Department desires to enter into a three-year Agreement with the EDD for access to the EDD database for confidential employer address and client address information for the not to exceed amount of $2,436, which includes a $1,500.00 Administrative Fee; and WHEREAS, the 3-year Agreement with EDD includes a Confidentiality Agreement and an Indemnity Agreement that requires City Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a three-year Agreement with the Employment Development Department (EDD) that includes a Confidentiality Agreement and an Indemnity Agreement, for the total not to exceed amount of $2,436 providing the National City Police Department access to EDD's Confidential Employer Address and Client Address information for investigative purposes. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day o ' ebru- , 2018. ATTEST: Mich el R. Dalla, Ci Clerk APPROVED AS TO FOR s-Jones ttorney orrison, Mayor Passed and adopted by the Council of the City of National City, California, on February 20, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /22 City CI rk of the City of/jYational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-23 of the City of National City, California, passed and adopted by the Council of said City on February 20, 2018. City Clerk of the City of National City, California By: Deputy MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1February 20, 20118 AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a three-year Agreement with the Employment Development Department (EDD) that includes a Confidentiality Agreement and an Indemnity Agreement, for the total not to exceed amount of $2,436 providing the National City Police Department access to EDD's Confidential Employer Address and Client Address information for investigative purposes., PREPARED BY: Lt. Graham Young' DEPARTMENT: Polic PHONE: 336-4514 APPROVED BY: EXPLANATION: The Employment Development Department (EDD) confidential database ian 'vesti tive tool to locate 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. The maximum amount of this Agreement shall not exceed Two Thousand Four Hundred Thirty Six Dollars, which includes a $1,500.00 Administrative Fee. The administrative costs for contracting include the costs for development, processing, and maintenance of a contract, which averages $1,500 per contract for a three year contract. The administrative fee will be charged at a rate of $125 per quarter and a $16.00 per quarter SFT Account Fee, and a $2.00 per SSN locator request report. Funds will be used from the General Fund. FINANCIAL STATEMENT: ACCOUNT NO. 001-411-000-217-0000 APPROVED: 1-01 4 ,{gam Finance APPROVED: MIS Funds are appropriated and available in the above expenditure account; ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: State of California Standard agreement from the Employment Development Department. 14i5Diu-hr Iia. - 23 !. NAT__ ';arglis�o�ai►7ty NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: January 11, 2017 TO: Manuel Rodriguez, Chief of Police FROM: Graham Young, Lieutenant SUBJECT: Staff Report — Executive Brief on Standard Agreement on Services for the Employment Development Department Summary: The National City Police Department Investigation's Division will add an investigative tool through a 3-year contract with the Employment Development Department (EDD) in an effort to further advance new or existing investigations. EDD upon request, retrieves and processes information from Social Security Numbers (SSN). Background Currently, the National City Police Department (NCPD) contacts the Employment Development Department (EDD) via email or telephone to request and obtain confidential information using Social Security Numbers (SSN) for locating victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued. This tool is used 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. This current process is extremely antiquated and requires a waiting period for a response that sometimes exceeds a 60 to 90-day period. In fact, now that the new electronic system has been set up, the manual system is going away from the National City Poiice Department being able to access the data needed. Anytime someone applies for employment and is hired, the business or organization obtaining the applicant's services are required by law to provide EDD with the applicant's personal information, i.e. address, telephone number, family members, vehicle information, etc. E r The Investigations Division is a very dynamic unit when it pertains to locating victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant. Many cases we get involved in do not allow us the luxury to wait 60 to 90 days and demands a more timely response. Therefore, we would like to enter into an agreement with EDD go on-line with their automated system which will dramatically decrease the wait -time for the output data files from the Secure File Transfer (SFT) system within twenty-four (24) hours but no more than twenty (20) days of transfer. In order to access this system, the National City Police will enter into a 3-year agreement with EDD (attached -already sanctioned/approved by the City of National City's City Attorney), the National City Police Department has to comply with the protections of confidentiality, enter in a "confidentiality agreement" as it pertains to the retrieved confidential information in addition to entering into a "security Agreement" that ensures we have a set of policies and protocol for handling the confidential information obtained through the system. In addition, "Indemnity agreement" which National City Police Department agrees to indemnify the Employment Development Department (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." (Agreements attached). Cost: a. The maximum amount of this Agreement shall not exceed Two Thousand Four hundred Thirty Six Dollars ($2,436.00). 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 NCPD shall reimburse EDD the total amount due, based on the following product rate structure: • $16.00 per month SFT Account Fee; • A $1,500.00 Administrative Fee. the administrative costs for contracting include the costs for development, processing, and maintenance of a contract, which averages $1,500 per contract; or a three year contract, the administrative fee will be charged at a rate of $125 per quarter; and • $2.00 per SSN for each LE 1095(i) Locator Report requested. 2- tHcoaici ,AT:D c. The NCPD 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 15 SSNs per quarter, as follows: EDD ABSTRACT FORMULA COST LE 1095(i) Locator Report 15 x 2.00 x 12Q $360.00 Administrative Fees $1,500.00 SFT Account Fee 16.00 x 12 Months x 3 yrs $576.00 Total for 3-year contract $2,436.00 Conclusion It is important to have the ability to search for, locate, save, and replicate quality and pertinent information relating to all areas of crime. Because most criminals move from employment to employment, locating victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued can quickly appear and vanish. We need the latest tools, tips, and techniques that will keep our investigation moving forward, keeping one step ahead of the criminals. Therefore, I recommend that we try the EDD automated system for the three-year period on this contract and re-evaluate at the end of the three years to either continue in the systems' use or discontinue the contract. 3 STATE OF CALIFORNIA STANDARD AGREEMENT STD. 213 (Rev 06/03) EDD CUSTOMER CODE: PROJECT/ACTIVITY CODE: E00559 695/090 REGISTRATION NUMBER AGREEMENT NUMBER M8106503 1. This Agreement is entered into between the Agency and the State of California Contractor named below: 2. 3. REQUESTER AGENCY NAME City of National City, Police Department STATE OF CALIFORNIA—CONTRACTORS NAME Employment Development Department The term of this Agreement is: The maximum amount of this Agreement is: March 1, 2018 through February 28, 2021 $2,436.00 Two Thousand Four Hundred and Thirty Six Dollars and No 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 Al Specifications 4 Pages Exhibit B Budget Detail and Payment Provisions 1 Page Exhibit C* General Terms and Conditions GTC 04-2017 Exhibit D Protection of Confidentiality Attachment D1 Confidentiality Agreement Attachment D2 Indemnity Agreement Attachment D3 Statement of Responsibility 3 Pages 1 Page 1 Page 1 Page Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto. These documents can be viewed at: www.dgs.ca.gov/ols/Resources/StandardContractLanquage.aspx. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. STATE OF CALIFORNIA CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership, etc.) Employment Development Department BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Sheri L. Collins, Manager, Contract Services Group ADDRESS P.O. Box 826880, MIC 62-C Sacramento, CA 94280-0001 AGENCY AGENCY'S NAME City of National City, Police Department BY (Authorized Signature) lei PRINTED NAME AND TITLE OF PERSON SIGNING Leslie Deese, City Manager DATE SIGNED(Do not type) ADDRESS 1243 National City Blvd National City, CA 91950 California Department of General Services Use Only 1171 Exempt per: EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 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 City of National City, Police Department, hereinafter referred to as the City. 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 City. The City 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 City pursuant to California Unemployment Insurance Code (CUIC) Section 1095(i). The City shall request and use the specified information in accordance with CUIC Section 1095(i) and California Penal Code Section 830.1. III. Contract Representatives 1. The EDD's contact persons are: CONTRACT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE Ivory Mitchell, or Designee Employment Development Department Information Security Office, MIC 33 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 654-9381 E-mail: Ivory.Mitchell@edd.ca.gov Cc: ISOPrivacyDisclosureUnit@edd.ca.gov FISCAL Erlinda Matienzo or Designee Employment Development Department Accounts Receivable Unit, MIC 70 P.O. Box 826880 Sacramento, CA 94280-0001 Phone: (916) 653-4227 E-mail: Erlinda.Matienzoedd.ca.qov EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 2 of 2 EXHIBIT A (Standard Agreement) 2. The City contact persons are: CONTRACT NEGOTIATIONS AND ADMINISTRATION Graham Young or Designee City of National City, Police Department 1200 National City Blvd National City, CA 91950 Phone: (619) 336-4514 E-mail: gyoung@nationalcityca.gov FISCAL MATTERS Mark Roberts, Director of Finance City of National City, Finance Dept. 1243 National City Blvd. National City, CA 91950 Phone: (619) 336-4265 E-mail: mroberts@nationalcityca.gov CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS Data Security and Integrity: Traci Whited Internal distribution of the EDD products: Tom Di Zinno 3. 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. 5 EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 ATTACHMENT Al (Standard Agreement) SPECIFICATIONS Page 1 of 4 I. METHODOLOGY: OFFICE OF TECHNOLOGY SERVICES (OTECH) SECURE FILE TRANSFER SERVICE (SFT) 1. The City submits a request for LE 1095(i) Locator Reports under Customer Codes E00559 following the EDD specifications through the Secure File Transfer (SFT) service hosted by the California Office of Technology Services (OTech) 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 (SSN) submitted by the City. 3. On matching records the EDD produces the data files authorized under this agreement under Customer Code E00559 and submits the data files to the attention of the City through the SFT system. 4. The City retrieves the output data files from the SFT system within twenty (20) days of transfer. 5. On a quarterly basis the EDD invoices the City for all SSN transactions submitted and the cost of the SFT account. I. RESPONSIBILITIES 1. The EDD agrees to: a. Set up a Basic User Account and password under Customer Code E00559 for the City to access the OTech SFT system. b. Assign copies of the OTech SFT Basic User Manual and the EDD Abstract System Customer Instruction Packet to the City to assist the City in the implementation of the SFT 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: Ivory.Mithchell@edd.ca.gov Cc: ISOPrivacyDisclosureUnit@edd.ca.gov d. Retrieve the City input file from the SFT temporary file storage repository on a daily basis and run the input file against the EDD databases. e. Provide the City the following Abstract data files for those individuals whose submitted social security numbers match the EDD records: (1) LE 1095(i) Locator Report f. Transfer the response data file to the City, through the SFT system under the output DSN: LE 1095(i) Locator Report: em_abs_abs251_sftrpts_abs00559 g. Retain the output data file for a period of twenty (20) calendar days in the SFT temporary file repository. On the 21th day, the data file is automatically deleted. h. Invoice the City on a quarterly basis for all SSN transactions submitted and SFT account cost. q EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 2 of 4 ATTACHMENT Al (Standard Agreement) i. Monitor and assess status of the data to ensure that the terms, conditions, and disclosure constraints stipulated in this agreement are followed. This compliance review is part of the EDD contract monitoring process. 2. The City agrees to: a. Request only the EDD information specifically authorized under this Agreement. b. Establish a new password at first logon to the Basic User Account established under Customer Code E00559 for the City to access the OTech SFT system. c. Follow the following SFT Password Policy syntactical requirements: • The password must contain at least 8 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. d. 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: Ivory.Mitchell@edd.ca.gov Cc: ISOPrivacyDisclosureUnit@edd.ca.gov e. Create the request for LE 1095(i) Locator Reports, following the EDD specifications, for felony victims, suspects, missing persons, potential witnesses, or persons for whom a felony arrest warrant has been issued. f. 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 1,000,000 (one million) SSNs on any daily cycle. Requests exceeding 1,000,000 SSNs will process the first 1,000,000 SSNs only. SSNs in excess of 1,000,000 will be discarded and the City will need to resubmit in a future cycle. Upload the request file into the SFT temporary file storage repository, on an as needed basis, under the input DSN: g• em_abs_abs010_absreq_abs00559 h. Retrieve the response data file from the SFT temporary file storage repository within twenty (20) calendar days from submission. On the 21st day, the data file is automatically deleted. i. Delete the retrieved response data file from the SFT temporary file storage repository before submitting a new request. j. Use the EDD information to assist in the investigations of felonies or suspected felonies. k. Comply with the California Unemployment Insurance Code (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. I. Oversee the City staff in their use of confidential information received from the EDD. 5- EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 3 of 4 ATTACHMENT Al (Standard Agreement) m. Instruct all the City 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 CUIC Sections 1094 and 2111, the California Civil Code Section 1798.55, and the California Penal Code Section 502. n. Ensure that all City staff assigned to work with the information provided by the EDD have signed the EDD Confidentiality Statement (Attachment D1. Rev 05/14/14). o. Comply with Title 20, Code of Federal Regulations Section 603.9 with respect to any of the EDD confidential information. p. Use the information provided by the EDD only as specifically authorized under this agreement. The Unemployment Insurance Code section 1095(u) prohibits a private collection agency from using any EDD information the City obtains under this Contract. Therefore, nothing in this Contract shall be construed to authorize or permit a private collection agency to use the EDD information for any purpose. Violation of this paragraph will be a basis for terminating the Contract. q. Dispose of the EDD's confidential information using an approved method of confidential destruction. r. Not release the EDD's confidential information to any other public or private entity without the EDD's prior written consent. s. Cooperate with the EDD's authority to monitor this Agreement in accordance with Exhibit D, Section II, paragraphs (e) and (f). t. Pursuant to 20 C.F.R., Part 603.10(c)(1), if the City 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 City 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 City information to any person or agency other than those authorize specifically under this Agreement. c. Cooperate fully and furnish such assistance as may be mutually agreed upon by the parties hereto as being necessary and appropriate for proper performance of this Agreement. 4. Disputes: In the event of a dispute between the EDD and the City over any part of this Agreement, the dispute may be submitted to nonbinding arbitration upon the consent of both the EDD and the City. An election for arbitration pursuant to this provision shall not preclude either party from pursuing any remedy for relief otherwise available. EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 ATTACHMENT Al (Standard Agreement) III. ACCURACY ASSESSMENT Page 4 of 4 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. 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. 1 EDD Agreement No. M8106503 EDD/City of National City, Police Department Customer Code: E00559 Page 1 of 1 EXHIBIT B (Standard Agreement) I. BUDGET DETAILS AND PAYMENT PROVISIONS a. The maximum amount of this Agreement shall not exceed Two Thousand Four Hundred Thirty Six Dollars and No Cents ($2,436.00). 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 City shall reimburse EDD the total amount due, based on the following product rate structure: • $16.00 per month SFT Account Fee • A $1,500.00 Administrative Fee. The administrative costs for contracting include the costs for development, processing, and maintenance of a contract, which averages $1,500 per contract. For a three year contract, the administrative fee will be charged at a rate of $125 per quarter. 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 City shall be charged for the total number of products requested. Each Social Security Number (SSN) submitted will generate 1 LE 1095(i) Locator Report. d. The maximum amount of this Agreement has been computed based on an estimated 15 SSNs per quarter, as follows: EDD ABSTRACT FORMULA COST LE 1095(i) Locator Report 15 x 2.00 x 12Q $360.00 Administrative Fees $1,500.00 SFT Account Fee 16.00 x 12 Months x 3 yrs $576.00 Total for 3-year contract $2,436.00 f. The EDD invoices will reference the EDD Agreement No. M8106503 and EDD Customer Code: E00559; and shall be submitted for payment to: Bridget Gregory, Operations Assistant City of National City, Police Department 1200 National City Blvd National City, CA 91950 The City payment must reference EDD Invoice Number, EDD Agreement No. M8106503, and the Customer Code: E00559; and be submitted to: Employment Development Department Accounting Section, MIC 70 P.O. Box 826217 Sacramento, CA 94230-6217 g. EDD Agreement Number: M8106503 EDD/City of National City, Police Department Customer Codes: E00559 EXHIBIT D (Standard Agreement) PROTECTION OF CONFIDENTIALITY 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 City 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 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, 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 City will comply with all applicable statutes, rules and/or regulations, and Agreement information security requirements, including but not limited to the following: • California Unemployment Insurance Code §1094 (Disclosure Prohibitions) • Title 20, Code of Federal Regulations §603.9 and §603.10 (Federal Unemployment Compensation Safeguards and Security Requirements) • California Civil Code §1798, et seq. (Information Practices Act) • California Penal Code §502 (Computer Fraud Act ) • Title 5, U.S. Code §552a (Federal Privacy Act Disclosure Restrictions) • Title 42, U.S. Code §503 (Social Security Act) • Title 18, U.S. Code §1905 (Disclosure of Confidential Information) d. 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 information against unauthorized access, at all times, in all forms of media. Access and use the information obtained under this Agreement only to the extent necessary to assist in the valid administrative needs of the program receiving such information, and only for the purposes defined in this Agreement. f. Keep all the EDD's confidential information completely confidential. Make this information available to authorized personnel on a "need -to -know" basis and only for the purposes authorized under this Agreement. "Need -to -know" refers to those authorized personnel who need information to perform their official duties in connection with the use of the information authorized by this Agreement. Confidentiality Requirements STD. [Rev 03/08/2016] 0) g. EDD Agreement Number: M8106503 EDD/City of National City, Police Department Customer Codes: E00559 Page 2 of 3 EXHIBIT D (Standard Agreement) Notify the EDD Help Desk at (916) 654-1010, 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 <InformationSecurityOffice@edd.ca.gov>. II. MANAGEMENT SAFEGUARDS a. Acknowledge that the confidential information obtained by City 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 D1): d. Return the following completed documents to the EDD Contract Services Group: o The EDD Indemnity Agreement (Attachment D2): Required to be completed by the City Chief Financial Officer or authorized Management Representative, unless the City is a State Agency. o The EDD Statement of Responsibility Information Security Certification (Attachment D3): Required to be completed by the Information Security Officer or authorized Management Representative. e. Permit the EDD to make on -site inspections to ensure that the terms of this Agreement are being met. Make available to the EDD staff, on request and during on -site reviews, copies of the EDD Confidentiality Agreement (Attachment D1) 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 (d) 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 Social Security Act §1137(a)(5)(B). 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 §1094(b) of the California Unemployment Insurance Code (CUIC). Section 1095(u) of the CUIC does not authorize the use of the EDD's confidential information by any private collection agency. b. Extraction or use of the EDD information for any purpose outside the purposes stated in this Agreement is strictly prohibited. The information obtained under this Agreement shall not be reproduced, published, sold, or released in original or any other form not specifically authorized under this Agreement. Confidentiality Requirements STD. [Rev 03/08/2016] EDD Agreement Number: M8106503 EDD/City of National City, Police Department Customer Codes: E00559 Page 3 of 3 EXHIBIT D (Standard Agreement) c. Disclosure of any of the EDD information to any person or entity not specifically authorized in this Agreement is strictly prohibited. Personnel assigned to work with the EDD's confidential information shall not reveal or divulge to any person or entity any of the confidential information provided under this Agreement except as authorized or required by law. IV. PHYSICAL SAFEGUARDS a. Take precautions to ensure that only authorized personnel are given access to physical, electronic and on-line files. Store electronic and hard copy information in a place physically secure from access by unauthorized persons. Process and store information in electronic format, such as magnetic tapes or discs, in such a way that unauthorized persons cannot retrieve the information by means of computer, remote terminal, or other means. b. Secure and maintain any computer systems (network, hardware, and software applications) that will be used in the performance of this Agreement. This includes ensuring that all security patches, upgrades, and anti -virus updates are applied as appropriate to secure data that may be used, transmitted, or stored on such systems in the performance of this Agreement. c. Store all the EDD's confidential documents in a physically secure manner at all times to prevent unauthorized access. d. Store the EDD's confidential electronic records in a secure central computer facility. Where in -use on a shared computer system or any shared data storage system, ensure appropriate information security protections are in place. The City 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. 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 City, 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. g. Confidentiality Requirements STD. [Rev 03/08/2016] Employment EDD Development Department State of California EDD Contract No. M8106503 EDD Customer Code No. E00559 EDD/City of National City, Police Department ATTACHMENT NO. D' Page 1 of 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 City of National City, Police Department 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 California Unemployment Insurance Code (UIC) §§1094 and 2111, the California Civil Code (CC) §1798 et seq., the California Penal Code (PC) §502, Title 5, USC §552a, Code of Federal Regulations, Title 20 part 603, and Title 18 USC §1905. acknowledge that my supervisor and/or the Contract's Confidentiality and Data Security Monitor reviewed with me the confidentiality and security INITIAL requirements, policies, and administrative processes of my organization and of the EDD. acknowledge responsibility for knowing the classification of the EDD information I work with and agree to refer questions about the classification of the INITIAL EDD information (public, sensitive, confidential) to the person the Contract assigns responsibility for the security and confidentiality of the EDD's data. acknowledge responsibility for knowing the privacy, confidentiality, and data security laws that apply to the EDD information I have been granted access INITIAL to by my employer, including UIC §§1094 and 2111, California Government Code § 15619, CC § 1798.53, and PC § 502. acknowledge that wrongful access, use, modification, or disclosure of confidential information may be punishable as a crime and/or result in disciplinary INITIAL 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. acknowledge that wrongful access, inspection, use, or disclosure of confidential information for personal gain, curiosity, or any non -business related INITIAL reason is a crime under state and federal laws. acknowledge that wrongful access, use, modification, or disclosure of confidential information is grounds for immediate termination of my organization's INITIAL Contract with the EDD. agree to protect the following types of the EDD confidential and sensitive information: INITIAL • Wage Information • Applicant Information • Employer Information • Proprietary Information • Claimant Information • Operational Information (manuals, guidelines, procedures) • Tax Payer Information hereby agree to protect the EDD's information on either paper or electronic form by: INITIAL • 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 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 City of National City, Police Department Print Name of Requesting Agency ❑ Employee ❑ Subcontractor ❑ Other Date Signed Check the appropriate box: ❑ Student ❑ Volunteer Explain Attachment D1 [Rev 051414] IZ Employment EDD► Development Department State of California EDD Contract No. M8106503 EDD Customer Code No. E00559 EDD/ City of National City, Police Department ATTACHMENT NO. D2 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT INDEMNITY AGREEMENT In consideration of access to the EDD information which is personal, sensitive, or confidential, City of National City, Police Department (Enter name of Chief Financial Officer or authorized Management Representative) 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: City of National City, Police Department (Enter Requesting Agency/Entity Name) This obligation shall be continuous and may not be changed or modified unless agreed to in writing. In addition, I understand that the following penalties may be incurred for any such misuse of the EDD Information: 1. Any individual who has access to returns, reports, or documents maintained by the EDD who fails to protect the confidential information from being published or open to the public may be punished by imprisonment in the county jail for up to one year or a fine of $20,000.00 or both. (California 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). I certify that I have read, understand, and agree with the above terms. SIGNED BY REQUESTING ENTITY REPRESENTATIVE Deese, Leslie Print Full Name (last, first, MI) City Manager Print Title City of National City, Police Department Signature Date Signed Print Name of Requesting Entity Enter Name Governmental Sponsor/Entity Attachment D2 [Rev 051414] 13 .� . Employment EDD Development Department State of California EDD Contract No. M8106503 EDD Customer Code No. E00559 EDD/ City of National City, Police Department ATTACHMENT NO. D3 Page 1 of 1 EMPLOYMENT DEVELOPMENT DEPARTMENT STATEMENT OF RESPONSIBILITY INFORMATION SECURITY CERTIFICATION We, the Information Officer and the Investigator hereby certify that City has in place the safeguards and security requirements stated in this Interagency Agreement. We therefore accept responsibility for ensuring compliance with these requirements, as set forth in Exhibit "D" of the EDD Contract No. M8106503. INFORMATION OFFICER SIGNATURE Traci Whited PRINT NAME Information Officer PRINT TITLE (619) 336-4459 TELEPHONE NUMBER TWhited@nationalcityca.gov E-MAIL ADDRESS NOTE: DATE SIGNED INVESTIGATOR SIGNATURE Tom Di Zinno PRINT NAME Investigator PRINT TITLE (619) 336-4473 TELEPHONE NUMBER TDIZinno@nationalcityca.gov E-MAIL ADDRESS DATE SIGNED Return this Information Security Certification to the EDD Contract Manager with the signed copies of the Contract. FOR THE EDD USE ONLY 1. Information Security Certification received by: EDD CONTRACT MANAGER NAME 2. The EDD information asset access approved by: NOTE: CONTRACT MANAGER OR DISCLOSURE COORDINATOR DATE RECEIVED DATE APPROVED (AFF, EMAIL, ETC.) The EDD must have a signed "Information Security Certification" in its possession prior to disclosure of any personal, confidential, or sensitive information to the City of National City, Police Department. Attachment D3 [Rev 051414] ly RESOLUTION NO. 2018 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE-YEAR AGREEMENT WITH THE EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) THAT INCLUDES A CONFIDENTIALITY AGREEMENT AND AN INDEMNITY AGREEMENT, FOR THE TOTAL NOT TO EXCEED AMOUNT OF $2,436 PROVIDING THE NATIONAL CITY POLICE DEPARTMENT ACCESS TO EDD'S CONFIDENTIAL EMPLOYER ADDRESS AND CLIENT ADDRESS INFORMATION FOR INVESTIGATIVE PURPOSES WHEREAS, the Employment Development Department (EDD) confidential database is an investigative tool to locate victims, suspects, missing persons, potential witnesses, and 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; and WHEREAS, the Police Department desires to enter into a three-year Agreement with the EDD for access to the EDD database for confidential employer address and client address information for the not to exceed amount of $2,436, which includes a $1,500.00 Administrative Fee; and WHEREAS, the 3-year Agreement with EDD includes a Confidentiality Agreement and an Indemnity Agreement that requires City Council approval. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a three-year Agreement with the Employment Development Department (EDD) that includes a Confidentiality Agreement and an Indemnity Agreement, for the total not to exceed amount of $2,436 providing the National City Police Department access to EDD's Confidential Employer Address and Client Address information for investigative purposes. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of February, 2018. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) Confidential Information Services Confidentiality and Indemnity Agreement Graham Young (Police) Forwarded Agreements to EDD.