HomeMy WebLinkAboutAgenda Report - January 15, 2020 C-15AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
C0,15
AGENDA TITLE: Adopt Resolution Authorizing Chief of Police to Execute Agreement for
Confidential Wage and Claim Information for Use in Conducting Law Enforcement
Employment Background Investigations with the Employment Development
Department ($373.50)
MEETING DATE:
PREPARED BY:
January 15, 2020
Chief of Police
RECOMMENDED ACTION: Adopt resolution authorizing Chief of Police to execute agreement
for confidential wage and claim information for use in conducting law
enforcement employment background investigations with the
Employment Development Department in the amount not to exceed $373.50.
BACKGROUND INFORMATION: Starting a job in law enforcement is an extensive process involving
several stages rather than a simple act of recruitment. Employment
history is an important step in this process. The background
investigation includes checking with applicant's previous employer(s) as to the reasons a candidate
stopped working for them, how long they were employed, and what they were paid. A positive exit from a
previous work place is always a plus. On the other hand, if a candidate is fired as a result of misbehavior
or failure to fulfil their duties, or they embellish the amount of time or what they were paid this will greatly
affect their chances of getting a job in law enforcement, especially if it happens more than once.
The Employment Development Department (EDD) is able to assist our background investigators gather
information regarding applicant's previous earnings and EDD claim information. This information will
allow the background investigators to quickly verify application timelines and verify terms the candidates
were released by. The information provided by EDD will be for the sole purpose of conducting
employment background investigations for sworn officer and non -sworn position candidates.
The cost is inexpensive and can easily be absorbed in the police general fund budget. The contract is for
a three year term and will not exceed $373.50.
FISCAL IMPACT: $373.50 is included in the FY 2019/20 budget, and will be included in the
2020/21 and 2021/22 budgets.
FUNDING AVAILABLE: $373.50 (10031004.72450)
Andrew Key
Deputy Cit M;
Tod Patterson
Chief of Police
APPROVED:
er/Internal Services Director
, City Manager
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
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 Lodi Police Department, hereinafter referred to as
the LPD. 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 wage and claim information to the LPD. The LPD
agrees to use the confidential information provided by the EDD under this Agreement to
conduct law enforcement employment background investigations for sworn officer and non -
sworn candidates.
II. Legal Authority
The EDD agrees to the disclosure of personal and/or confidential information to LPD
pursuant to section §603.5, Title 20 of the Code of Federal Regulations (CFR) and the
§1798.24(b) of the California Civil Code (CCC)—valid consent authorization from the data
subject.
The LPD agrees to submit a valid consent authorization—signed and dated by the
individual who is the subject of the request—for each individual listed on the request
form(s) submitted to the EDD pursuant to section §603.5, Title 20, CFR and the section
§1798.24(b) of the CCC for the sole purpose of conducting background investigations for
applicant of sworn and non -sworn law enforcement positions.
III. Agreement Representatives
1. The EDD's contact persons are:
AGREEMENT NEGOTIATIONS, CONFIDENTIALITY, AND TECHNICAL ASSISTANCE
Kendell Groom or Designee
Employment Development Department
Information Security Office, MIC 33
P.O. Box 826880
Sacramento, CA 94280-0001
Phone: (916) 651-2885
E-mail: Kendell.Groom(a.edd.ca.gov
cc: ISOPrivacvDisclosureUnit(abedd.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(cDedd.ca.gov
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 2of2
EXHIBIT A
(Standard Agreement)
2. The LPD contact persons are:
AGREEMENT NEGOTIATIONS AND ADMINISTRATION
David Griffin, Captain
Lodi Police Department
215 W. Elm Street
Lodi, CA 95240
Phone: (209) 333-6725
E-mail: dgriffin(a_lodi.gov
FISCAL MATTERS
Jennell Baker-Bechthold, Department Management Analyst
Lodi Police Department
215 W. Elm Street
Lodi, CA 95240
Phone: (209) 333-6722
E-mail: ibaker(aDlodi.gov
CONFIDENTIALITY AND DATA SECURITY ASSIGNMENTS
Data Security and Integrity: Benjamin Buecher
Internal distribution of the EDD products: David Griffin
3. Either party may make changes to the Agreement Representatives information above
by giving written notice to the other party. Said changes shall not require an
amendment to this Agreement.
App ed as to Form: .
JANICE D, MAGDICH
ey
ATTACHMENT A-1
(Standard Agreement)
SPECIFICATIONS
I. METHODOLOGY
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 1 of 5
1. The LPD staff authorized under this Agreement to request the EDD's confidential
information:
a. Complete, sign, and date the EDD forms—"Request for Wage and Claim
Information" (DE 8720 -ISO) certifying to the validity of each consent authorization.
b. Submit to the EDD for each Social Security Number (SSN) entered in the DE 8720 -
ISO under the assigned EDD Customer Code E00692, a valid "Authorization for
Release of Records" (Attachment A2), signed and dated by the individual who is the
subject of the request.
2. The EDD reconciles the DE 8720 -ISO form against the Authorizations for Release of
Records, and key enters only the qualifying SSNs. The EDD will not process or return:
a. SSNs without an Authorization for Release of Records attached.
b. Illegible DE 8720 -ISO and/or Authorizations for Release of Records.
c. Invalid Authorizations for Release of Records.
d. Altered Authorizations for Release of Records.
3. On matching SSNs, the EDD produces the Abstract System (ABS) reports authorized
under this Agreement.
4. On a quarterly basis, the EDD invoices LPD for all SSN transactions key entered
(matched and/or unmatched SSNs).
II. RESPONSIBILITIES
1. The EDD agrees to:
a. Provide an electronic template of the DE 8720 -ISO and Authorization for
Release of Records forms for the LPD to reproduce.
b. Provide a PowerPoint "completion instructions" training module to be used by
the LPD to train its staff on how to complete the EDD forms and read the ABS
reports provided by the EDD.
c. Use the SSNs provided by the LPD on the EDD DE 8720 -ISO forms, under the
assigned EDD Customer Code: E00692, to search the EDD files. On positive
matches, the EDD will provide the following EDD ABS reports:
(1) Unemployment Insurance (UI) Claim History (Up to 2 years old)
(2) Disability Insurance (DI) Claim History (Up to 2 years old)
2
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 2 of 5
ATTACHMENT A-1
(Standard Agreement)
d. Process only the DE 8720 -ISO requests that are completed to the EDD's
specifications and mailed by the LPD to the EDD's Information Security Office at:
Employment Development Department
Information Security Office, MIC 33
P. O. Box 826880
Sacramento, CA 94280-0001
e. Mail the ABS reports to the LPD staff person assigned responsibility for the internal
security, confidentiality, and dissemination of the EDD's confidential information to
other LPD staff:
Name and Title: David Griffin, Captain
Agency Name: Lodi Police Department
Mailing Address: 215 W. Elm Street
Lodi, CA 95240
f. 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.
The LPD agrees to:
a. Request only the EDD information specifically authorized under this Agreement.
b. Train all LPD staff authorized to use and request the EDD's confidential information
under Exhibit A, Section III.(2.) of this Agreement, on the proper completion of the
DE 8720 -ISO, and the Authorization for Release of Records form.
c. Obtain a valid Authorization for Release of Records from all individuals whose
names have been provided by their employers as applicants for sworn officer or
non -sworn positions and whose information will be requested.
d. Include with each SSN entered on the DE 8720 -ISO forms a valid and
corresponding Authorization for Release of Records --signed and dated by the
individual who is the subject of the request. A valid Authorization for Release of
Records must be:
1. In writing.
2. Fully completed, signed, and dated by the data subject.
3. Presented to the EDD within 30 days of the date it is signed or within the time
limit specified in the consent authorization itself if a longer duration is applicable,
not to exceed 12 months.
4. Specific in terms of:
(a.) To whom (the EDD) the consent authorization is directed.
(b.) The time period for the information requested.
(c.) The type of information to be disclosed.
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 3 of 5
ATTACHMENT A-1
(Standard Agreement)
5. State the purpose for the request and the benefit to the data subject. In the case
of a redisclosure to a fourth entity, the data subject must also authorize said
redisclosure and the fourth party must be clearly identified.
e. Verify that the Authorization for Release of Records is complete and correct. No
erasures or corrections may be made by the LPD without the authorization of the
data subject. If any error has been made, have the data subject make and initial the
correction or complete a new form.
f. Submit all requests under the EDD Customer Code: E00692, and use the preparer
code field on the DE 8720 -ISO forms for internal distribution purposes.
g. Certify on the DE 8720 -ISO that the inquiry for confidential information is in full
compliance with California disclosure laws and administrative policies as specified in
this Agreement. Only the staff specifically authorized to request information under
this Agreement may certify to its accuracy.
h. Request the ABS reports authorized in this Agreement on DE 8720 -ISO forms on an
"as needed" basis. Mail the forms completed to the EDD specifications to:
Employment Development Department
Information Security Office, MIC 33
P. O. Box 826880
Sacramento, CA 94280-0001
i. Use the information provided by the EDD for the sole purpose of conducting
employment background investigations for sworn officer and non -sworn positions'
candidates.
j. Comply with the Unemployment Insurance Code (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.
k. Oversee the LPD staff in their use of confidential information received from the
EDD.
I. Instruct all the LPD 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 sections 1094 and 2111 of the UIC, the
section 1798.55 of the CCC, and the section 502 of the California Penal Code.
m. Ensure that all LPD staff assigned to work with the information provided by the
EDD have signed the EDD Confidentiality Statement (Attachment D1. Rev
072017).
n. Comply with section 603.9, Title 20 of the CFR with respect to any of the EDD
confidential information.
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 4 of 5
ATTACHMENT A-1
(Standard Agreement)
Use the information provided by the EDD only as specifically authorized under this
agreement. Section 1095(u) of the UIC prohibits a private collection agency from using
any the EDD information the LPD obtains under this Agreement. Therefore, nothing in
this Agreement 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 Agreement.
p. Dispose of the EDD's confidential information using an approved method of
confidential destruction.
q. Not release the EDD's confidential information to any other public or private entity
without the EDD's prior written consent.
r. Cooperate with the EDD's authority to monitor this Agreement in accordance with
Exhibit D, Section Il, paragraphs (e) and (f).
Pursuant to federal law, if LPD 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 LPD 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 (20 C.F.R., Part 603.10(c)(1)).
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 LPD 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 LPD over any part of this
Agreement, the dispute may be submitted to nonbinding arbitration upon the
consent of both the EDD and the LPD. An election for arbitration pursuant to this
provision shall not preclude either party from pursuing any remedy for relief
otherwise available.
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.
ATTACHMENT A-1
(Standard Agreement)
IV. TERMINATION CLAUSE
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 5 of 5
This Agreement may be terminated by either party by giving written notice 30 days prior to
the effective date of such termination.
Ad as to Form:
i
ICE AGDICH
Ci rney
EDD Contract No. M0113713
EDD/LPD
EDD Customer Code: E00692
Page 1 of 1
Attachment A-2
(Standard Agreement)
AUTHORIZATION FOR RELEASE OF RECORDS
To: EDD Information Security Office
P.O. Box 826880, MIC 33
Sacramento, CA 94280-001
I, , authorize the Employment
(TYPE OR PRINT) NAME OF INDIVIDUAL WHO IS THE SUBJECT OF THIS REQUEST
Development Department (EDD) to release a copy of the following records pertaining to myself:
❑ Unemployment Insurance Payment History
❑ Disability Insurance Payment History
❑ Current Base Wage Period wages as reported by my employers
❑ Archived wages by quarter as reported by my employers
covering the period from:
To the following individual or entity:
[M
MONTH/DAY/YEAR
MONTH/DAY/YEAR
Captain David Griffin
NAME OF PERSON TO WHOM RECORDS ARE TO BE SENT
Lodi Police Department
NAME OF ORGANIZATION
215 W. Elm Street
ADDRESS
Lodi, CA 95240
CITY, STATE, ZIP CODE
I also authorize LPD to use the information provided by the EDD for sole purpose of background
investigations for gainful employment.
This Authorization shall remain in effect for 90 days from the date signed below
or until (Not to exceed 12 months from date signed below.)
ENTER OTHER EXPIRATION DATE
Date: Signature:
MONTH/DAY/YEAR INDIVIDUAL WHO IS THE SUBJECT OF THE REQUEST
Social Security Number:
The disclosure of your social security number is voluntary. However, since most EDD records are filed by
social security number, EDD may be unable to locate any or all of the records requested without
disclosure of your social security number.
Ap ed as to Form:
JANICE D. AGDICH
� ' ney
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 1 of 2
EXHIBIT B
(Standard Agreement)
I. BUDGET DETAIL AND PAYMENT PROVISIONS
a. The maximum amount of this Agreement shall not exceed Three Hundred Seventy -
Three Dollars and Fifty Cents ($373.50).
b. In consideration of the performance and completion of the foregoing in a satisfactory
manner, and upon receipt of a detailed invoice, in triplicate, quarterly in arrears, the
LPD shall reimburse the EDD the total amount due, based on the following product
rate structure:
Requested Products Rate Structure
If the cumulative number Then the cost for Current Then the cost
of requested products per Data and Archive Wages for Archive UI/DI
quarter is: per requested product shall Data per requested
be: product shall be:
100 or less$ 1.0375 $2.075
101 - 500 .4375 .875
501 or more.25 .50
....................................................................................................................................................................................................................:......................................................................................:
c. The LPD shall be charged for the total number of products requested. Each SSN
submitted may generate 1 to 2 products, depending on the types of ABS reports
requested.
d. The maximum amount of this Agreement has been computed, based on an estimated 15
SSNs per quarter, as follows:
EDD ABSTRACT
FORMULA
COST
Current UI Claim History
1 product 15 x 1.0375 x 12Q
$186.75
Current DI Claim History
1 product 15 x 1.0375 x 12Q
$186.75
Total for 3 -year contract
1 $373.50
e. The EDD Invoices will reference the EDD Agreement No. M0113713 and the EDD
customer code E00692; and shall be submitted for payment to:
Jennell Baker-Bechthold, Department Management Analyst
Lodi Police Department
215 W. Elm Street
Lodi, CA 95240
EDD Contract No. M0113713
EDD/LPD
Customer Code: E00692
Page 2 of 2
EXHIBIT B
(Standard Agreement)
f. The LPD payments must reference the EDD Invoice Number, the EDD Agreement
number M0113713 , and the EDD customer code E00692; and be submitted to:
Employment Development Department
Accounting Section, MIC 70
P.O. Box 826217
Sacramento, CA 94230-6217
g. Payment will be made in accordance with, and within the time specified in, Title 1,
Division 3.6, Part 3, Chapter 4.5 of the Government Code.
h. Nothing herein contained shall preclude advance payments, pursuant to Article 1,
Chapter 3, Part 1, Division 3, Title 2 of the Government Code of the State of
California.
Appro ed as to Form:
rJANI'E D. IAGDICH
i�+ Army
EDD Agreement Number: M0113713
EDD/LPD
Customer Codes: E00692
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.
LPD 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 (CFR).
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 LPD 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]
EDD Agreement Number: M0113713
EDD/LPD
Customer Codes: E00692
Page 2 of 3
EXHIBIT D
(Standard Agreement)
g. Notify the EDD Information Security Office (ISO) at (916) 654-6231, immediately upon
discovery, that there may have been a breach in security which has or may have
resulted in compromise to the confidential information. For purposes of this section,
immediately is defined within 24 hours of discovery of the breach. The notification shall
be by phone and 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
<I nformationSecurityOffice@edd.ca.gov>.
II. MANAGEMENT SAFEGUARDS
a. Acknowledge that the confidential information obtained by LPD 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 LPD Chief Financial Officer or authorized Management
Representative, unless LPD 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 section §1137(a)(5)(B) of the Social Security Act.
III. USAGE, DUPLICATION, AND REDISCLOSURE SAFEGUARDS
a. Use the EDD's confidential information only for purposes specifically authorized under
this Agreement. The information is not admissible as evidence in any action or special
proceeding except as provided under section §1094(b) of the Unemployment Insurance
Confidentiality Requirements STD. [Rev 03/08/2016]
EDD Agreement Number: M0113713
EDD/LPD
Customer Codes: E00692
Page 3of3
EXHIBIT D
(Standard Agreement)
Code (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 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 LPD 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 LPD, 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 sp %1a pW�dding,
burning, or certified or witnessed destruction.
Confidentiality Requirements STD. [Rev 03/08/2016]
RJAD
MAGDICH
ey
ED
Employment EDD Contract No. M0113713
EDDDevelopment Customer Code E00692
Department EDD/LPD
State of California
Attachment D-1
Page 1 of 1
EMPLOYMENT DEVELOPMENT DEPARTMENT
GOVAFIDEN T IAHTY 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 Lodi 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 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 0 Proprietary Information
• Claimant Information 0 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)
Lodi Police Department
Print Name of Requesting Agency
Approved as to Form:
IAGDICH
JANICE
r6ey
Attachment D1 [Rev 072017]
Signature
Date Signed
Check the appropriate box:
❑ Employee ❑ Student
❑ Subcontractor ❑ Volunteer
❑ Other
Explain
Employment EDD Contract No. M0113713
EDD
Development Customer Code E00692
Department EDD/LPD
StateofCalifornia ATTACHMENT NO. D-2
Page 1 of
EMPLOYMENT DEVELOPMENT DEPARTMENT
INDEMNITY AGREEMENT
In consideration of access to the EDD information which is personal, sensitive, or confidential,
Lodi Police Department
(Enter Requesting Agency/Entity Name)
agrees to indemnify the EDD against any and all liability costs, damages, attorney fees, and other
expenses the EDD may incur by reason of or as a result of any unauthorized use of the personal,
sensitive, or confidential information or any violation of the "Confidentiality Agreement" by any and all
employees of:
Lodi 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. (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.
Janice Magdich
Print Full Name
As Lodi City Attorney
Print Title
Of Lodi Police Department
Print Name of Requesting Entity
Attachment D2 [Rev 072017]
Signature
Date Signed
Enter Name Governmental Sponsor/Entity
Employment EDD Contract No. M0113713
DD Development Customer Code E00692
EDepartment EDD/LPD
State of California ATTACHMENT NO. D-3
Page 1 of
EMPLOYMENT DEVELOPMENT DEPARTMENT
STATEMENT OF RESPONSIBILITY
INFORMATION SECURITY CERTIFICATION
We, the IT Division Manager and the Captain hereby certify that Lodi Police Department 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. M0113713
IT DIVISION MANAGER SIGNATURE CAPTAIN SIGNATURE
Benjamin Buecher David Griffin
PRINT NAME OF IT DIVISION MANAGER PRINT NAME
Information Security Officer Captain
PRINT TITLE PRINT TITLE
(209) 333-5548 (209) 333-6725
TELEPHONE NUMBER TELEPHONE NUMBER
bbuech�odi.gov dgriffin@lodi.gov
E-MAIL ADDRESS E-MAIL ADDRESS
n1110Eel 2M11
DATE SIGNED
NOTE: Return this Information Security Certification to the EDD Contract Manager with the signed
copies of the Contract.
1. Information Security Certification received by:
Lu7kv.1ft.4 ".'Alm
2. The EDD information asset access approved by:
CONTRACT MANAGER OR DISCLOSURE COORDINATOR
DATE RECEIVED
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 Lodi Police
Department.
<LA oved as to Form:
.MAGDICH
Attachment D3 [Rev 072017] Attorney
RESOLUTION NO. 2020-11
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CHIEF OF POLICE TO EXECUTE AGREEMENT FOR
CONFIDENTIAL WAGE AND CLAIM INFORMATION FOR USE
IN CONDUCTING LAW ENFORCEMENT EMPLOYMENT
BACKGROUND INVESTIGATIONS WITH THE
EMPLOYMENT DEVELOPMENT DEPARTMENT
WHEREAS, the Employment Development Department (EDD) is able to assist our
background investigators gather information regarding applicant's previous earnings and EDD
claim information; and
WHEREAS, this information will allow background investigators to quickly verify
application timelines and verify terms the candidates were released by; and
WHEREAS, the information provided by EDD will be for the sole purpose of conducting
employment background investigations for sworn officer and non -sworn position candidates.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the Chief of Police to execute a three-year agreement with the Employment
Development Department for confidential wage and claim information for use in conducting law
enforcement employment background investigations, in an amount not to exceed $373.50 per
year, to be derived from the Safety Equipment fund (10031004.72450) in the current 2019/2020
fiscal year budget, and will be included in future budgets for 2020/21 and 2021/22; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Dated: January 15, 2020
I hereby certify that Resolution No. 2020-11 was passed and adopted by the Lodi City
Council in a regular meeting held January 15, 2020, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Nakanishi, and Mayor Kuehne
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2020-11