HomeMy WebLinkAboutContract 45356 41fisfy Elm
voONTRACT NO,,:
TEXAS WORKFORCE COMMISSION
T C Contract,Number 291 PENO. 2
TITLE INFORMATION RELEASE CONTRACT
ec 1plent,
Name C1 of__Fort Worth Police �art,ment
StreetAddress 350 W. Belknap St.
J�.1tL/State/ZTFort Worth,TX 7 2
T"elephone Number 817-378-1572
Contract Period
0 , 0
This Contract shall begin on. . �� spa er nate o� unless
amended y mutual written agreement of the parties.
Funding Information
The total amount of this Contract will not exceed the sum of $4,500,00
Remarks,
This Contract is, contingent on Reciple it's acceptance of and compliance e with the terms and conditions,of
this Contract and referenced attachments.
Summa
Online access ny
Number' d ne' Fusers a n d rate� - ; for
SI"gnature Authority
Each person s gri ng tbi's''Contract hereby warrants that be or she has',been,fullyl,autb,orize-d by the
respective organ iz, t br to&
Execute this Contract,on behalf of the organization, and
Validly' and le������ � t�� rg n ��ati t t al �t e terms, performances, and provisions of this
Contract.
AlLency Approval Recipient Approval,
Agency: Texas Workforce Commission Recipient: City of Fort Werth Pofice Department
lGeor e Meador Date ar cs 8 anie t
Director of Information Technology Assistant City Manager
OFFICIAL RECORD
Informatio n Release Contract: Sep-13 TWC Contract Number: 1 EN0 Page I of 5
FT WORTH9 TX
RECEIVED FEB 10 E14
TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
TABLE OF CONTENTS
General Terms and Conditions
Section I PUTOse and Lega.1Auth grit
y
Section 2 Term, Termination, and Amer darer
Section 31 Consideration
Section Protect' the Confidentiality of TWA` Information
Section 5 Records and Audit
Section 6 Breach of reiemetit, Default, and Remedies
Section 7 Miscellaneous
Attachment A Statement of Work—Project Obliptions
Attachment B Safeguards for TWC Int'orniation
Attachment C Texas, Workforce Commission User Agreement
Attachment D -7 Cover Sheet for Transni,ittiq Ag *fjcate
�v, User Treement and Training Cerb
"Intentionally,omitted
Attachment El
) F
Attachment G Protection of Confidentia 0 C.,F.R. § 603.9
Attachinent'H J_Quarterly Self-Assessment Report
Information Rel ease Contract.- Sept TWC Contract Number:2914 PEN 052
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TEXAS WORKFORCE COMMISSION
PERFORMfNG AGENCY CONTRACT
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
GENERAL TERMS AND CONDITIONS
SECTION I -P,urpose and Legal Authority-
1.1 This Contract sets forth the obligations of the Texas Workforce Commission ("Agency") and the
Recipient identified on the cover page (each a"Party" and together the Parties") with respect to
Agency's release of confident ial data to Recipient. The obligations of the Parties are set forth in detail in
Attachment A0
1.2 S ubj,ect to certain I I'm itations, the I nterlocal C o,ope rati on Act, Texas Gove rnm en t Code, Chapter 791,
authorizes Recipient to enter into contracts for services with gover-nmental entities, including state
agencies.
SECTION 2-Term, Termll"nafion, and Amendment
2.1 This Contract is effective from the Begin Date to the End Date specified on the cover page.
2.2 Either Party may suspend or terminate this Contract at any time, on written notice to the other Party
if 'ng a termination date at least thirty(30) calendar days after the: date of the notice. Suspens*
specl yl termination I ion or
termination shall not relieve Recipient Of the obligation to pay for all services provided before
suspension or termination at the rates specified herein, nor shall it entitle Recipient to any refund of the
annual subscription fee for online access to Agency records.
2.3 No modification will be valid unless In waiting and signed by both Parties, except for rate revisions
made, under Section, 3.2 of these General Terms and Conditions.
SECTION 3-Consideration
3.1 Recipient shall pay Agency for the services:described,and at,the rates set forth, in Attachment A.,
3.2 Notwithstanding Section 3.1 of these General Terms and Conditions, Agency may unilaterally revise
'tten notice to Recipient of at least thirty (30) calendar days.
ratesupon wri I
SECTION 4-Proteeflng the Confidentiahty of TWC Information
4.1 "T WC Information" means records maintained by Agency, and records, obtained by Recipient from
Agency under this Contract, *Including (1) records and data compilations provided electron ically, on
Information Re lease Contract: Sep-]3 TWC Contract Number:2914PEN052
Page 3 of 5
TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
paper, or via online access or e-mal 1, (2) records and data cornpi lations that Recipient has converted into
another fori-nat or medium (such as handwritten or electronic note,$),, and (3) records and data
flations incorpora
comp ted in any manner into Recipient's records, files or data compilations.
4.2 Recipient shall protect the confidentiality of T'I'C Information and comply with all statutory, regulatory
and contract requirements. Confidentiality Is required by Texas Labor Code §§ 301.081 and 301.085,
the Social Security Act of 1,934, and 20 Code of Federal Regulations (C.,F.R.) Part 603.
SECTION 5—Records and Audit
Recipient shal,l keep and maintain complete and accurate records sufficient to allow Agency, the Texas State
Auditor's Office, the United States government, and their authorized representatives to determine Recipient's
compliance with this Contract.
SECTION 6—Breach of Agreement, Default, and Retneffles
6.1 if Recipient or any official, employee, or agent of Recipient fails to comply with any provision of thi's
Contract, including timely payment of Agency's invoices, Agency may suspend ser-vices to Recipient
(including any data requests being processed) until Agency is satisfied Athat corrective action has been
taken to assure there will be no future breach.
6.2 In the absence of prompt and satisfactory corrective action to cure default and assure future compliance
with Contract requirements, Agency shall terminate this Contract immediately and Recipient shall
surrender to Agency all T Information that has not previously been returned to Agency, and any
other records relevant to, this Contract.
6.3 Termination of this Contract Linder Section 6.2 of these General Terms:and Conditions will not limit
Agency from pursuing penalties under state and federal law for the unauthorized disclosure of TWC
Information.
6.4 Agency shall undertake any other action under this Contract or Linder any law of this State or of the
United, States,to enforce this Contract and to, secure satisfactory corrective action and return of T
Information.
6.5 Agency shall take other remedial actions permitted under state or federal law to enforce this Contract
and 20 C.F.R. Part 603 including seeking,damages,penalties, and restitution for all costs 'incurred by
Agency in enforcing this Conti-act and responding to Recipient's breach,.
SECTION 7—Miscellaneous
7.1 Texas, Labor Code § 301-085 provides that unemployment compensation records are not "Public
information"' for purposes of the Public Information Act, Texas Government Code, Chapter 552.
Recipient shall not release any T Information in response to a request made under the Public
Information Release Contract: Sep-1 T Contract Number: 2914PEN052
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TEXAS WORKFORCE COMMISSION
PE'RFORMING AGENCY CONTRACT
Information Act or an other law regulation, or o
records. y I rditiance addressing public access to government
7'.2 Recipient shall notify Agency, within twenty-four('24) hours of the receipt of any
10 subpoena, other
Judicial request, or request for appearance for testii-nony upon any matter concerning TWC Information.
Federal regulations at 20 C.F.R. § 603.7 dictate the handling of subpoenas for TWC, Information.
7.3 This Contract i's made in and performed in the State o,f'I"ex as, and shoal'I be construed, interpreted, and
applied in accordance with the laws of the State of Texas, excluding its choice of law rules. Venue of
any court action brought directly or indirectly by reason of this Contract shall be in a, court of competent
j,Urisdiction in Travis County, Texas. NOTHING IN THIS SECTION SHALL BE CONSTRUED
AS A WAIVER OF SOVEREIGN IMMUNITY BY AGENCY,
7.4 Agency's, failure to enforce any provision of this Contract doles not constitute a waiver of that provision
or any olther.
7.5 Recipients agrees to indemnify and hold harmless Agency, the State of Texas, and their employees and
officials for any loss, damages,judgments, and costs arising or resulting from any acts or ornissions, or
alleged acts, or omissions of Recipient or its employees, agents, contractors, and subcontractors,
including the *inappropriate release or use of TWC Information.
7.6 Recipient shall be responsible and liable for any damages resulting from a breach by Reciplient including,
damages and losses of third parties., Recipient shall reimburse Agency for any costs incurred by Agency
i 4
n reinibursing,third i
parties damaged by Recipient's breach and costs incurred i,n attempts, by Agency to
limit third party losses resulting, fro ,Recipient's breach.
7.7 Rec,iplient agrees to accept liability far any darnage to Agency's hardware, soft ware, orTwc
Information when such darnage is caused by the actions of employees,, contractors, subcontractors or
agents of Recipient, whether or not the individual was an authorized User tinder this Contract.
7.8 If any provision of thi's Contract is held to be unenforceable by a court, this Contract will be construed, as
if such provision did not exist and the unenforceability of such provision will not render any other
rovisions o this Contract unenforceable.
pf
7.9 This Contract is the entire agreement greement between, the Parties.
7.10 The subject headings used in this Contract are for convenience only and are not intended to expand or
11mit meanings.
7.11 Attachments listed in the Table of Contents are incorporated in their entirety, as terms and conditions of
this Contract.
7.12 The following provisions Survive the expliration or earlier termination of this Contract-: Sections .2, 5,
61.2 6-3, 7.11 7.2, 7.5, 7.6, and 7.7 of these General Terms and Conditions; Sections, 31.,2.3, 3.2.,4, and
3.,2.5 of Attachment A� and Attachment B.
Information Rellease Contra t: Sep-13 TWC Contract Nurnbler: 2914PEN052
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TEXAS,WORKFORCE COMMISSION
INFORMATION RELEASE CONTRA(,"'T
Attachment A
TWC CONTRACTNUMBER 2914PEN052
INFORMATION R-ELEASE COiNTRACT BETWEEN TEXAS WORKFORCE COMMISSION
AND
CITY OF FORT WORTH POLICE DEPARTMENT
STATEMENT OF WORK—PROJECT OBLIGATIOiNS,
SECTION I — Project Abstract
1.1 Contract Purpose. The purpose of thi's Contract is to provide Recipient with access to confidenflal
Agency data, to ensure that Recipient will maintain the coinfidentiality of the data, and to require
Recipient to reimburse Agency for costs of providing access at the rates set Out In this Contract.
1.�2 Authorized Use of TWC ffiformation. Subject to the security and clonfidentiliality provisions of this
Contract, Recipient is authorized to use TWC Infon-nation solely for the following pitirpose.
to ass t, i*n
criminal invest lgatlionsl to assl*st 'in locating defendants,witnesses,fugi-flves and persons w
outstandi'ng warrants, (the"'Llmited Purpose"). Any other use of TW Car formationby Recipient is a
breach of this, Contract.
1.3, References. Section references are to, sections olf this Attachment A unless otherwise specified.
SECTION 2,—0b11*gat1`otis,of'Agency
2.1 Online Access.
2.1.1 De,scription, Agency agrees to, provide online "read-only" access to the t"ollowing Agency
mire rates computer screens,*,
• BN'75,- wage records file-,
CMES, CTCS, and BPCS: unemployment compensation claim benefit data; and
IRS 6, S"I"S, and SER.- employer master file inquiry.
2.1.2, "Number of Use�rs. Subjec 3.t to Section 1, Agency, will grant access to the screens, listed in
Section maximum of'ten (10) "Users," all of whom must be direct Recipient
employees,.
2,.1.3 Avad,ab l t nline access will routinely be available Monday through Friday, 8:00 ax n. to,
I I V,
5.-00 p.m. Central Time, exc,luOing State holidays, It hough Agency does, riot guarantee access
during these periods. Agency may terminate or limit access without notice based on business,
necessity it in the event of an em ere nc,y.
Inforniation Release Contract:Jul—12 TWC Contract Numb r:291 PEN 0 52
Page f 112
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
SECTION 3—Obligations, of Recipient
3.1 Online Access.
3.1.1 Annual Fee and P,avi-nent. Recipient shall pay Agency, a one thousand and flue hundred dollar
($1,500.00) annual subscription fee for the online access described 'in Section 2.1. The annual
subscription fee covers the twelve (12) month period that begins on the Begin Date. Payment of
the annual subscription fee is due within thirty (30) days of Recipient's execution of this
Contract. The annual subscription fee is nonrefundable and will not be prorated 'in case of early
termination of this Contract or suspension of services. Recipient shall pay Agency the annual
subscription fee for each subsequent contract year within thirty (30) days of the beginning,of'
each contract year. Recipient shall send payment to Texas, Workforce Commission, Revenue
and Trust Management, P'.0. Box 322,Austin, TX 78767-0322.
3.. .2 User Documents. All prospective online Users must execute a 7"e' .,,vas Workforce Commission
UserAgreement("User Agreement"), Attachment C, and complete online T Information
Technology Security Awareness ' 'raining("Security Training").
3-1.3 'User Document Submission and Maintenance,. Before Agency 'RACF Administration will issue
a User ID and password to a,prospective User, Agency RACE Administration must receive from
Recipient Contact Person (designated in Section copies of,a completed User Agreement and
certificate of completion of Security Training("Training Certificate"), with a completed (lover
Sheetfor Transmitting User Agreement and'Training Cep~tijl'cate ("Cover Sheet"), Attachment D.
Agency may deny access, to any prospective User on security grounds. Recipient must maintain
on file all original Training Certificates,and User Agreements.
3.1.4 User Document Rene at On January 1,2014,the online access of each User established under
a prior contract will be terminated unless Agency RACF Administration has received for the
User, from Recipient Contact Person, copies of a new User Agreement and new Training
Certificate,executed or dated, respectively, no more than thirty (30) calendar days before
submission
. with a completed Cover Sheet-
3. .5 Annual User Renewal., Each year, on the first day of the month following the anniversary of the
Begin Date,the online access of each User will be ten-iiinated unless,Agency RACF
from Recipient Contact Person copies of a new User
Administration has received for the User,
Agreement and, new Training Certificate executed or dated, respectively, no more than thirty (3 0)
calendar days before submission, with a completed Cover Sheet.
3.1.6 Notice of User Em,ploymeat Ch,vnpe. Recipient shall notify Agency within three (3) calendar
W
days,of a User's termination, resignation, or reassignment into a position not requiring, access to
T Information.) so that the User's password can be *Immediately revoked. Failure to provide
such notice i,s a, breach, of this Contract and may result in immediate suspension of all online
access,, termination of this Contract, and other penalties provided by law and this Contract.
3.1.7 Ch I
.m es Prohibited. Users shall not change or update any T Information contained in
Agency 1,s computer stored files. Users shall not use any automated system or software to make
multiple queries of Agency's computer stored files.
Information Release Contract:Jul 12 TWC Contract Number-2914PEN052
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
3.1.8 Instructions. Recipient shall be solely responsible for disseminating to Users, any instructions
provided by Agency regarding navigation of online access to TWC Information.
3.2 Additional Re *
quirements.
3.2.1 Securltv Safe uards. Recipient shall establish, maintain, and comply with security safeguards
and procedures to protect the confidentiality of all TWC Information. Recipient shall comply
with the requirements in i5afegrucirdsjbr TWC 1n/brmation, Attachment , and in Protection
Confi(l,enlicil*t Of
I.y® 20 CER., §603.9, Attachment G. Failure to comply with any requirement of
Attachment B or Attachment G is a breach of this Contract.
3.2.2 Sus
pension. Agency may suspend al l services without notice if Agency suspects a violation of'
the security provisions in Attachment B. Services, will rernain Suspended until Agency has fully
investigated any suspected security violations and is satisfied that resumption of services will not
result in security breaches. In the event of an extended suspension of services, Agency will
notify Recipient as soon as possible.
3.2.3 Enduring Obligation. Ten-nination or expiration of this Contract will not end Recipient's
responsibility to protect the confidentiality of TWC Information remaining in Recipient"s
possession, under Recipient"s control, or held by a third party subject to contract or agreement
with Recipient.
3.2.4 Audit. Recipient's, security safeguards and procedures, as well as Recipient's access to and use
of TWC Information, are sulject to monitoring, evaluation and audit by Agency.
3.2.5 Ins coons. Recipient shall cooperate fully with any on-s"te
,pectio I i inspections and monitoring
activities of Agency. So that Agency may audit Recipient's, compliance with the requirements of
state and federal law and this Contract, .recipient shall permit Agency access to all sites
containing TWC Information (including sites where data is maintained electronically), and to all
workplaces used by personnel who have access to TWC Information.
3.2.,6 Self-Ass,essiment Report. Recipient shall submit to Agency a ftilly-executed Quarterly t5e-
Assessment Report, Attachment H, on the next-occurring quarterly filing date after the Begin
Date, and on each quarterly filing date for as long as this Contract is in effect. The quarterly
filing dates are January 1, April L, July 1, and October 1. Each report must have been signed.
within thirty (30) days preceding submission.,
3.2.7 Id entity Theft Protection. In case of unauthorized disclosure of TWC Information by Recipient,
0
Recipient shall purchase identity theft protection service for all individuals whose 'Information
was disclosed without authorization. The protection service shall cover each individual for a
alerts to the individual.
two-year period and must, include, at a. minimum, autonia tic fraud ale
3.2.8 Significant Chan e. Recipient agrees,to notify Agency in writing within ten (10) calendar days
of any significant change affecting Recipient and Recipient's identity, including but not limited
to changes in its ownership or control, name, governing board membership, authority of
gore in board, officeholders, or vendor identification number.
3.2.9 Comouter Resources., Recipient shall provide and maintain its own computer hardware and
software to accomplish the necessary computer communications, linkages with Agency.
information Release Contract:Jul-12 'rWC Contract NUmben 2914 PEN
052
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE,CONTRACT
3.2.10 Data Source. Agency does not warrant or guarantee the accuracy of JVC Information. TWC
Information includes data provided to Agency by third parties, including employers and
employees.
SECTION 4—Contact Persons
4.1 Designation. The Parties designate the following primary liaisons for implementation of this Contract.*
Agency Contact Person Recipl*ent Contact Person
Michelle D. Smith Lesley Yencho
Office of General Counsel Criminal Intelligence Analyst
Texas Workforce Commission City of Fort Worth Police Department
101 E. 1 5th St., Room 266 350 W. Belknap St.
Austin, TX 78778-0001 Fort Worth, TX 76102
Phone: 512-936-3296
Fax: 512463-2990 Phone: 817-378-1572
Email: 0 RC ontracts, Manny—eme nt(a-),twc.state.tx.u s Email.- ell Ch (Wu,. (.mart ,oil h texas.
Send invoices to,
Stacy Bishop
Administrative Assistant— Fiscal Section
f**City or Fart Worth Police Department
350 W. Belknap St.
Fort Worth, TX 76102
Phone: 817-392- 223
Email: Stac)/.b]'rhol)�"",U-,)-l"o- wo,rtl,itexav
4.2 Notice. Any notice required under this Contract must be given to the other Party's Contact Person.
4.3 Notice to Alternate. If Recipient designates an alternate Contact Pe�rson., written notification by Agency to
one (1) of the Recipient Contact Persons will satisfy any notification requirement of this Contract.
4.4 Change. Recipient may request a change in Recipient Contact Person by submitting to Agency Contact
Person a written request on organizational letterhead signed by the person who signed this Contract on
behalf of Recipient, or by a successor with authority to blind Recipient contractually. The request must
include the TWC Contract Number, the name of the person being replaced, and the name of the new
Recipient Contact Person, with job title, work address, phone number, and email address. No change in
Recipient Contact Person Is effectiveLintil, acknowledged ]in writing by Agency.
4.,5 Communications. Recipient shall include the TWC Contract'Numb:er in all communications with Agency.
Information Release Contract-Jul-]2 TWC Contract Number:2914PE1 2
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TEXAS WORKFORCE COMMISSION
IN"FO'RMATION RELEASE CONTRACT
SECTION5Effect on her Contracts
The Parties agree that this Contract supersedes and re a,ces, a]I other contracts, between them for information
release or data sharing, including 2911 PEN0 6.
Remainder of Page Intenflonafly 1,eft Blank
Information Release Contract:Jul-]2 TWC Contract Number.:29114PEN052
'Page 5 of 12
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT'
Attachment B
SAFEGUARDS FOR TWC INFORMATION
L City of Fort Worth Pollice Department("*Recipient" in this Contract)shall maintain sufficient safeguards,over all
TWC Information to prevent unauthorized access to or disclosure of'FWC Information:
"TWC Information" means records maintained by Agency (TWC), and records obtained by Recipient from
Agency under,this Contract, including(1) records and data compilations provided electronically,on paper, or via
online access or e-mail, (2)records and data compilations that Recipient has converted into another format or.
medium (such as handwritten or electronic notes), and(3)records and data compilations incorporated in any
manner into Recipient's records, files or data compilations.
2. onitorin Recipient shall monitor its Users' access to and use of TWC Information, and shall ensure that TWC
Informattonis, used only for the following"Limited Purpose": to assilist 'in erlimlinall investligatil'ons; to assist In
locating defendants,witnesses,,fugitives and persons with outstanding warrants. Recipient shall also ensure that
TWC Information 'is used only for purposes authorized by law and in compliance with all other provisions of this
Contract.
3 Stora ge. Recipient shall store TWC Information in a place physically secure from access, by unauthorized persons.
4. Protection. Recipient shall store and process TWC Information, including that maintained in electronic format, such
as magnetic tapes or discs in such a way that unauthorized persons cannot obtain TWC Information by any means.
5. Access. Recipient shall undertake precautions to ensure that only authorized personnel are given access to TWC,
Information stored in computer systems.
6. Instruction. Recipient shall instruct all personnel having,access to TWC Information about all confidentiality
requirements including the requirements of 20 C.F.R. Part 6103 as well as the sanctions specified in this Contract and
under state and federal law for unauthorized disclosure of TWC Information. Recipient acknowledges that all
I
personnel rho will have access to TWC Information have been instructed as required.
7. D i s I I
posal. Recipient shall dispose of TWC Information and any copies thereof after the Limited Purpose is achieved,
except for TWC Information possessed by any court. Disposal means return of TWC Information to Agency or
destruction of TWC Information!, as directed by Agency. Disposal includes deletion of personal identifiers in lieu of
destruction. In any case, Recipient shall dispose of all TWC Information within thirty (30) calendar days after the
termination,cancellation, or expiration of this Contract,or as required by federal,state, or local government
approved records retention requirements.
8. System'. Recipient shall establish and maintain a system sufficient to allow an audit of compliance wi,th the
requirements,of this Attachment B and the other provisions of this Contract.
9. No Disclosure or Release. Recipient, shall not disclose or release any TWC Information other than as permitted in
this Contract, without prior written consent of Agency.
10. Unauthorized Disclosure,., It is,a breach of this Contract to disclose TW'C Information oral�l�y, electronically, in
I Y11
written or printed form, or in any other manner,without the prior written consent of Agency:
10.1 to any contract employee of Recipient or any individual not employed by Recipient-,
10.2 to another government entity, including a law enforcement entity-,
10.3 to Recipient employees who do not have a need to use TWC Information for the Limited Purpose,,.
Information Release Contracv Juk 12, "rwc Contract Number:2914REN052
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
I L Authorized Disclosure. TWC Information may only be disclosed-.
1
11.1 to employees under the direct hiring-and-firing control of Recipient who have a need to use the TWC
Information for the Limited Purpose; and
11.2 in a criminal Judicial proceeding if the TWA Information is introduced in court as a sealed record with access
limited to the prosecutor,defendant,judge,and jury.
12. Security Violation. Recipient shall monitor access of Users and shall notify Agency within twenty-four(24)hours if
a security violation of this,Contract is detected, or if Recipient,suspects that the security or integrity of TWC
Information has,or may have been compromised in any way,
13. Format. TWC Information is subject to the requirements of this Contract even if the TWC Information is converted
by Recipient into another format or rnedi LIM, or incorporated in any manner into Recipient's records, files, or data
compilations.
14. Access Limited. Reciplient shall limit access to TWC Information to its employees who need access to achieve the
Limited Purpose.
15. Mobile Device and Removal. Recipient shall not place TWC Information on mobile, remote,or portable storage
devices,or remove storage media from 'Recipient's facility, without the prior written authorization of Agency.
16. Public Information Act., Under Texas Labor Code § 301.085,,rwc Information Is not"'public information"for
purposes of the Public Information Act,Texas Govern-iment Code, Chapter 552., Recipient shall not release any TWC
Information in response to a request made under the Public Information Act or under any other law,regulation, or
ordinance addressing public access,to government records.
17. Subpoena. Recipient shall notify Agency within twenty-four(24) hours of the receipt of any subpoena, other judicial
request,or request for appearance for testimony upon any matter conceming,TWC Information. Federal regulations
dictate the handling of subpoenas,for TWC Information. Recipient shall comply with the requirements of 20 C.F.R.
§ 6013.7 in responding to any subpoena, other Judic i a] request, or request for appearance for,testimony upon any
matter concerning TWC Information.
18. Federal Regulation. Recipient shall comply with all requirements of Protection of Conj'Identiality-
20 C,'YJ;'.R. §603.,9,(Attachment G of this Contract) relating to safeguarding TWC Information and insuring its
confidentiality.
19. Unauthorized L,00l uu A User shall not access TWC Information listed under the User's, SSSN or the SSN of a co,-
worker, family member, or friend.
20. Screenj11g=_online or employees that
_11�m. Recipient shall screen potential Users,and seek online access only f
Recipient has determined pose no threat to the security of'TW'C Information.
21. Screen,1n&—ill Handlers, Recipient shall permit access to TWC Information only to employees that Recipient has
determined pose no threat to the security of TWC Information.
22. Internet. Recipient shall not transmit any TWC Information over the Internet unless it is encrypted using at least
128-bit encryption.
T_%
23. Screen Dump. Recipient's security guidelines shall ensure that any screen dump or other extraction of TWC
Information will be protected from unauthorized use or disclosure.
24. No Transfer. Recipient shall not transfer the authority or ability to access or maintain TWC Information under this
Contract to any other person or entity.
Information Release Contract Jul-12 TWC Contract Number 2914PEN052
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TEXAS WORKFORCE COMMISSION
tNFORMATI,ON RELEASE CONTRACT
Attachment C
T Contract Number 2914PENO'52
TEXAS WORKFORCE COMMISSION USER AGREEMENT
...... .........
(User's Printed Name) (User's Social Security Number)
(User's work phone number) (Print User's work street address)
............ ............_........... ------------ .........r
-in, e 's work email)
(Print U ser ern mplloyer): (Pi t Us
acknowledge that I will be assigned a personal User ID and password to gain access to the Texas Workforce Commission JWC)
COMPLIter system. Under no circumstances will I allow my User ID or password to be used by any other individual, nor will I use!one
belonging to anyone else. As an online User with access to confidential TWC data("T WC Information"), I understand that I will be
held personally accountable for my actions and for any activity performed Under my User ID. 1, understand that the use of TWC
Information is limited to the following Limited Purpose only: to assist*in criminal investigations;to assist in locating defendants,
witnesses,fugiitives and persons,with olutstanding,warrants. I understand that TWC maintains a record of the individuals,and
employers,whose T Information I gain access to,and that I am not allowed access to TWC Infon-nation about any individual or
employer except as necessary for the Limited Purpose. I understand that I am not allowed access to T Information about myself
I will not enter any unauthorized data or make any changes to data. I will not disclose any TWC Information orally,electronically, in
Witten or printed form,or in any other manner without prior written authorization from TWA". f will not disclose any TWC
11
I m
nforation to other governmental entities,,including law enforcement entities,.
I understand that under Texas Labor Code 1§ 301.085,all T Information l'obtain under this User Agreement is confidential and that
it is a criminal offense to solicit,disclose, receive or use,or to authorize, perm,,it, participate in,or acquiesce in another person's use of
T Information that reveals: (1),identifying,information regarding any individual,or past or present employer;or(2)information
that foreseeably could be combined with other publicly available information to reveal identifying information regarding any
individual or past or present employer. This offense is punishable by as much as a year in n j a i 1,a fine Ll p to$4,00,01,or both.,
1.understand that under Texas Penal Code§33.02(a),it is a crii-ninal offense knowingly to access a computer,computer network,or
computer system without the effective consent of the owner. Depending on the circumstances,the offense is punishable by 180 days
in jail up to 99 years or I ife in pi-I son,a fine of$2,000-$10,000,or both.
I have read and had explained to me the confidentiality and security requirements of 201 C. ".R. § 603.9 and of my employer's contract
with TWC. I understand and agree to abide by these requirements. I understand that if'l v i'violate any of these requirements or any
provision of this User Agreement,I will jeopardize my employer's contract with TWC.
w............—
signature of User Date signed
Supervisor Approval.- I have instructed the User listed above about all confidentiality requirements applicable to T Information
obtained under the contract with TWC, including the requirements of 20 C.F.R. §603.9 and the sanctions,specified in the Contract and
in state law for unauthorized diSCIOSUre of'TWC Information.
...................
Signature of Supervisor Pri'nted,Name Date signed
Appr oval of Contract Signatory or Contact Person named in Contract*.
Signature of Contract Signatory or Recipient Contact Person Printed Name Date signed
All fields on this agreement are required. Employer must retain signed original and give a copy to User. Employer must,send copy of User Agreement to
TWC;RACE"'Ad'ministration,as specified on the required Cover Sheet,Attachment D to this Contract.
.Information Release Contract:Jul-]2 TWC Contract Number:2914PEN052
Page,8 of 12
TEXAS WORKFORCE C.OM M.ISSION
INFO,MA,TI ON RELEASE CONTRACT
Attachment D
T Contract Number 2914P N052.
COVER SSE EiT' :FOR TRANSMITTING USER AGREEMENT AND TRAINING CERTIFICATE
i-ro., RACE Administrafion
via email, to racLadmi*n*ls "at'i'O'nAtwe-state.tx.tis
(Document must be scanned and enc pited, before sending)
via fax to 512-463-6394
Number of pages including cover sheet:
*I to: RACF Administration
via mal
J"exas Workforce Comni,ission
101 East 151h Street, Room 0330
Aust i n. TX 78778-0001
Frotw: City of Fort Worth Police Department(Recipient)
(Recipient Contact Person)
(Recipient Contact Pierson enia"I I)
Rey User Agreement(s)and Training Certificate(s) attached
Instructions:
User Agreement and Tramin r Certificate must be submitted together fori each individual.
9
• Only one cover sheet is required 'if submitting documents, for more than one User at the same time.
• An incomplete User Agreement will be rejected.
0i For guestion,s r2 and the User Agreement, pleasie email racLadm*lnl*strat*loln(t-?)tNC,st ate.tx.us
Information Release Contract:Jul-12 TWC Contract Number:2914PEN052
Page 9 of 12
TEXAS WORKFORCE"INFORMA11ON RELE ASE CO1`4TRACT
Attachment G
PROTECTION OF CONFIDENTIALITY-20 CE R, § 603.9
CHAPTER V--EMPLOYMENT AND"17RAINING ADMINISTRATION, DEPARTMENT OF LABOR
PART 603--FEDERAL-S,TATE UNEMPLOYMENT COMPENSATION(tJQ PROGRAM; CONFIDENTIALITY AND
DISCLOSURE OF STATE UC INFOR.MATION
SUBPART 13--CONFIDENTIALITY AND DISC1,OSURE REQUIREMENTS
20 C.F.R. §603.9 What safeguards and security requirements apply to dlisclosed informatlion?
(a) In general. For disclosures of confidential UC information under,§ 603.5(d 2,),(to a third party (other than an
agents or disclosures made on an ongoing basis); § 603.5(e)(to a public official), except as provided in paragraph
(d)of this section; § �603.5(f) to an agent or contractor of a public official):-, §1 60.3).6(b)(1)through
(7)1(i) (as required by Federal UC law);and §603.22 to a requesting agency for purposes of an IEVS),a State or
State UC agency must require the recipient to safeguard the information disclosed against unauthorized access or
redisclosure,as provided in paragraphs(b)and (c)of this section, and Must subject the recipient to penalties
provided by the State law for unauthorized disclosure of confidential UC information.
rovi
(b) Safeguards to be required of recipients.
(1)The State or State UC agency must.-
(1) Require the recipient t,0 use the disclosed information only for purposes authorized by law and
consistent with an agreement that meets the requirements of§ 603.1 0-
(11) Require the recipient to store the disclosed information in a place physically secure from access,by
unauthorized persons;
0101 Require the recipient to store and process disclosed information maintained in electronic format, such
as magnetic tapes or discs, in such a way that unauthorized persons cannot obtain the information by
any nears.-
(iv) Require the recipient to undertake precautions to ensure that only authorized personnel are given access
to disclosed information stored in COMPLIter systems,
(v) Require each recipient agency or entity to
0
(A)Instruct all personnel having access to the disclosed information about confidentiality requirements,
the requirements of this Subpart B,and the sanctions specified in the State law for unauthorized
disclosure of information,and
(B) Sign an acknowledgment that all personnel having access to,the disclosed 'Information have been
instructed in accordance with paragraph(b)(1)(v)(A)of this section and will adhere to the State's or
State UC agency's confidentiality requirements and,procedures which are consistent with this
subpart B, and the agreement required by § 603.10,and agreeing to report any infraction of these
rules to,the State LJC agency fully and promptly.
Information Release Contract:Jul-I 2 I'WC Contract Number 2914PEN052
Page 10 of 12
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CON TR-ACT
(vi) Require the recipient to dispose of information disclosed or obtained, and any copies thereof made by
the recipient agency, entity, or contractor,after the purpose for which the information is disclosed is
served,except for disclosed information possessed by any court. Disposal means return, of the
information to the disclosing State or State UC agency or destruction of the information, as directed by
the State or State UC agency. Disposal includes deletion of personal identifiers by the State or State!
UC agency in lieu of destruction. In any case", the information disclosed must not be retained with
personal identifiers for longer than such period of time as the State or State UC agency deems
appropriate on a case-by-case basis- and
(vii) Maintain a system Sufficient to allow an audit of compliance with the requirements of this part.
(2) In the case of disclosures, made under § 03.5(d)(2),(to a third party (other than an agent)or disclosures made
on an ongoing basis),the State or State UC agency rnust also—
(I) Periodically audit a sample of transactions accessing information disclosed under that section to assure
that the entity receiving disclosed information has oil file a written release authorizing each access. The
audit must ensure that the information is not being used for any unauthorized purpose-,
(ii) Ensure that all employees,of entities receiving access to information disclosed under § 6o3.5(d)(2)are
subject to the same confidentiality requirements, and State criminal penalties for violation of those
requirements,, as are employees of the State I.JC agency.
(c)Red,ISCIOSLire of confidential UC information.
(1) A State or State UC agency may authorize any recipient of confidential UC information under paragraph(a)
of this section to redisclos,e information only as follows:
(1) To the individual or employer who is the subject of the information;
(11) To an attoriley or other duly authorized agent representing the individual or employer,-,
(iii) In any civil or criminal proceedings for or on behalf of a recipient agency or entity'.
(i v) In response to a subpoena only as provided in § 603.7;
(v) To an agent or contractor of a public official only if the person redisclosing is a public official, if the
redisclosure is authorized by the State law, and if the public official retains responsibility for the uses of
the confidential UC infon-nation by the agent or contractor;
(vi) From one public official to another if the redisclosure is authorized by the State law,
(vii) When so authorized by Section 303(e)(5), SSA,(redisclosure of wage information by a State or local
child support enforcement agency to an agent under contract with such a. ency for purposes of carrying
out child support enforcement)and by State law; or
(viii) When specifically authorized by a written release that meets the requirements of§ 603.5(d)(to a,third
party with informed consent).
(2) Information redisclosed under paragraphs(c)(I)(v)and (vi)of this section must be sub ect to the safeguards, ill
J
paragraph(b)of this section.
(d) The requirements of this section do not apply to disclosures of UC information to a,Federal agency which the
Department has determined, by notice published in the Federal Register,to have in place safeguards adequate to
satisfy the confidentiality requirement of Section 303(a)�( , SSA.
Information Release Contract:Jul-1,2 TWC Contract Number: 2914PEN052
Page 11, of 12
,TEXAS WORKFORCE COMMISSION
I NFORMATION'RELEASE.CONTRACT
Attachment H
QUARTERLY SELF-ASSESSMENT REPORT
.Failure to submit this roo t when dite may result in termination of all access to TWC Information.
The entity receiving TWC Information under TWC Contract("Recipient")confirms it is in compliance with the
following requirements of the Contract and of Protection of Confidentiality-20 C.F.R. §603.9(Attachment G of the
Contract).-
I Recipient uses the disclosed TWC Information only for purposes authorized by law and consistent with the Limited Purpose set
forth in Section 1.2 of Attachment A of the Contract. Yes- No
2. Recipient stores the disclosed TWC Information in a place physically secure from, access by unauthorized persons.
Yes: No
3. Recipient stores and processes disclosed TWC Information maintained in electronic fo at,such as magnetic tapes or discs, in
such a way that unauthorized persons carinot obtain the TWC Inforination by any means. yes. No:
4. Recipient undertakes precautions to ensure that only authorized personnel are given access to disclosed TWC Information stored in
computer systerns. Yes: No:
5. Recipient has instructed all personnel having access to the disclosed TWC Information about confidentiality requirements.,the
requirements of 20 C.F.R.. § 603.9,and the sanctions,specified in State law for unauthorized disclosure. (Each violation is a Class
A Misdemeanor,punishable by fine of$4,000, a year in jail,or both,). By your signature below you acknowledge that all
personnel having access to the disclosed TWC Information have been instructed in accordance with paragraph(b)(I)(v)(A)of
20 C.F.R. § 603.9. Yes-. No:__
6. Recipient adheres to confidentiality requirements and procedures that are consistent with 20 C.F.R. § 603.9 and the requirements of
the TWC Contract,and reports any infraction of these requirements and procedures to TWC fully and promptly.
Yes: No:
7. Recipient disposes of disclosed TWC Information,and any copies thereof made by Recipient.,after the puLpose for which the TWC
Information was disclosed is served,or as required b Court order. Disposal means return of the TWC Inform-nation to TWC or
destruction of the TWC Information,,as directed by TWC. Disposal includes deletion of personal, identifiers in lieu of destruction.
Yes.: No:
8. Recipient ensures that the discllosed TWC Information is not retained with personal identifiers for longer than such period,of time
a 'I'WC deems appropriate.
s, I Yes,- No-,
9. Recipient maintains a system sufficient to allow an audit of compliance with the requirements of 20 C.F.R. § 603.9 and the TWC
Contract. Yes: No:
I O�. Attach a description of the system referred to in item 9.
By signature hereon,the Contract signatory or the entity's internal auditor certifies that.- All statements and information
submitted in response to this Quarterly Self-Assessment Report are current,accurate,and complete.
__ ..........
Signature Date
TWC Contract Number 2914PENo52
Printed Name and Title City of Fort Worth Police Department
Return this Report to: External Data Sharing Contracts Manager I Office of General Counsel
Texas Workforc�e Commission 1101 East 15""Street,Room 266 1 Austin,Texas 78778-0001
Email.- Self- ssessm entReports Ca)twc.,state.tx.us, Fax: 512-463-2990
Infbrmation Release Contract-Juk 12 TWC Contract Number.-2914 "EN 052
Page 1'2 of 12
TWA' Contract- Amendment Number.s 2,914PE,N052
CO,NTRA CT/AM ENDMENT LANGUAGE CHANGE CERTIFICATION FORM
Please check the appropri"ate box and sl"gn below,*
No Changes. I hereby certify that no changes have been made to documents, contained 'in
this Contract/Amendment package,
Changes to Demographic Inform ion. I hereby certify that ch es in demo
information items onl such as contact or swriatory) have been made to documents
contained in this Contract/Amendment package. Pen and ink corrections have been entered,
initialed and the revised areas have been flagged.
Changes to Contract/Amendment Terms and Condifions,. I hereby certify that changes,
to the contract/amendment terms and conditions have been proposed. 'I'he proposed
changes, have been entered on all copies of the documents in Pen and ink, initialed, and the
revised areas have been flagged. I understand that I am to sign and then send all copies of
the contract/amendment back to T for evaluation of the proposed changes. If the
proposed changes are approved by the T signatory, they will be *Initialed and my copy
(and the fiscal agent's copy, if applicable) will be returned to me. I understand that If there
are any questions or 'issues regarding the proposed per and ink changes, that I will be
contacted by a TWC representative to discuss, them.
C1*ty of Fort Worth Police Department APPROVED AS TO FORM
AND LEGALITY.,0
Bys CA/a kt rvv
zP(v-N
r
C%JI S W. Michelle M. Kretz
arlfes, Daniels Date
,Ass tal t City Manager Assistant City Attorney
Contract Authorization:
ACCEPTED AND AGREED.,
APPROVAL RECOMMENDED: Date Approved: yl
By- Awl ATTEST
I _')i �0;
............
Jeffrey W. Halstead
Chief of Police IM .........
COR,
0000010 Kayse
retary
Date: C
few
ON N,
RECORD
OFFICIAL
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