CM-08-04-082DATE:
SUBJECT:
ITEM:
CITY MANAGER BLUE SHEET FORMAT
April 1, 2008
City Manager Approval
Texas Workforce Commission (TWC) Online Access Contract
Renewal The Police Department has been utilizing records
obtained from online access to TWC for the past two years. The
information obtained has proven to be beneficial in the location
of criminal suspects.
Department:
Staff Person:
Justification:
Police Department
Troy Evans/Brenda Craytor
TWC files house quarterly reports of employment and
income status, unemployment benefits to include the
address and telephone number of the claimant as well as
the reason for the unemployment benefits, job referral
information to include the address and telephone number
of the claimant, and business quarterly wages paid out.
Information housed within the TWC files will assist in the
location and apprehension of suspects and fugitives as well
as assist with administrative background investigations.
Renewal of a three-year contract is recommended at a
minimum cost of $125.00 a month or $1,500.00 per year
totaling $4,500.00 plus a one time fee of $75.00 contract
initiation fee.
Funding:
Cost: $4,575.00 ($1,500.00 per year + $75.00 contract initiation fee)
Source of funds: General Fund
Background Information: TWC files are accessible through an Internet
site wherein each authorized user is given an
individual login and password.
Updated 3-10-05
Texas Workforce commission
A Member of Texas Workforce Solutions
March 19, 2008
Brenda Craytor
Management Analyst
Round Rock Police Department
615 E. Palm Valley Blvd
Round Rock, Texas 78664-3227
Re: TWC Contracts or Amendment/s
Dear Ms. Craytor:
Enclosed are original signature copies of the Contracts or Amendment/s listed below:
Tom Pauken, Chair
Commissioner Representing
the Public
Ron Lehman
Commissioner Representing
Employers
Ronald G. Congleton
Commissioner Representing
Labor
Larry E. Temple
Executive Director
lrvvcco____.___,___,mtltot___.„_'ntra+c
TWC Contract/Amendment Number: 2908PER092 •
Name: Margo Kaiser
Phone Number: (512) 936-0479 (or Lona
Chastain (512) 463-2238)
Please sign all the copies of the Contract/s or Amendment/s where indicated and complete the
Contract/Amendment Language Change Certification Form for each transaction.
Retain one (1) set for your records and return one (1) set to:
Texas Workforce Commission
Contract Services Department
101 East 15th Street, Room 350-T
Austin, Texas 78778-0001
Attn: Bea Barrera- Administrative Assistant
If you have any questions or need additional assistance regarding the contents of these documents
prior to signature, please contact the contract manager at the number indicated above.
Kate Redfern
Director, Contract Services Department
KR:cr
Enclosures
101 E. 15th Street • Austin, Texas 78778-0001 • (512) 463-2222 • Relay Texas: 800-735-2989 (TDD) 800-735-2988 (Voice) • www.texasworkforce.org
Equal Opportunity Employer / Services
TEXAS-,
WORKFORCE SOLUTIONS
CS -1 (Revised 04/18/05)
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
CO
Nu
2908PER092
INFORMATION RELEASE
Name
Round Rock Police Department
615 E. Palm Valley Blvd.
Round Rock, TX 78664-3227
Be
May 1, 2008
April 30, 2011
The total amount of this contract will not exceed the sum of
$42575.00
This contract is contingent on Recipient's acceptance of and compliance with the t-inis and conditions of this
Open Records Contract and any referenced attachments.
Agency: Texas Workforce Commission
Executive Director
Recipient: Round Rock Police Department
James R. Nuse
City Manager
Date
Information Release Contract
TWC Contract Number: 2908PER092
Page 1 of 6
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
TABLE OF CONTENTS
General Terms and Conditions
Section 1
Purpose and Legal Authority
Section 2
Administrative Requirements
Section 3
Amendments and Termination
Section 4
Breach of Agreement
Section 5
Protecting the Confidentiality of Records
Attachment A
Statement of Work - Project Obligations
Attachment Al
TWC User Information Security Agreement
Attachment A2
Rate Schedule for Online Access
Attachment A3
Protection of Confidentiality - 20 CFR 603.9
Attachment A4
TWC Data Security Policy
Information Release Contract TWC Contract Number: 2908PER092
Page 2 of 6
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
GENERAL TERMS AND CONDITIONS
SECTION 1— Purpose and Legal Authority
1.1
This contract sets forth the responsibilities and obligations of the Texas Workforce Commission
(hereinafter referred to as Agency) and the Party or Parties identified on the cover page
(hereinafter referred to as Recipient) pursuant to Section 301.061 and 302.002(c) of the Texas
Labor Code with respect to Agency's provision of proprietary information to the identified
party(ies). The specific responsibilities and obligations of the parties are set forth in Attachment
A.
1.2 Subject to certain limitations, the Interlocal Cooperation Act (Texas Government Code, Chapter
791) authorizes Recipient to enter into contracts for services with governmental entities, including
state agencies.
SECTION 2 — Administrative Requirements
2.1 This contract shall be construed, interpreted and applied in accordance with the laws of Texas,
excluding its choice of law rules.
2.2 If any law of the United States or of the State of Texas contravenes or invalidates any provision of
this contract, this contract shall be construed to void that specific provision without affecting the
remaining provisions of this contract or the rights and obligations of the parties.
2.3 Recipient agrees to notify Agency in writing within ten (10) days in the event of any significant
change affecting Recipient and Recipient's identity, such as ownership or control, name change,
governing board membership, or vendor identification number.
2.4 This contract is the entire agreement between the parties.
2.5 Failure to enforce any provision of the contract does not constitute a waiver of that provision, or
any other provision, of the contract.
SECTION 3 — Amendments and Termination
3.1 Agency may unilaterally revise rates for services provided upon written notice to Recipient of at
least 30 calendar days.
3.2 Any changes, deletions, extensions, or amendments to this contract shall be in writing and signed
by both parties, except for revisions to payment rates as described in Section 3.1.
Information Release Contract TWC Contract Number: 2908PER092
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
3.3 Either party may suspend or terminate this contract at any time, on written notice to the other
party. However, such termination shall not relieve Recipient of the obligation to pay for all
services rendered prior to such termination, at the rates provided herein.
3.4 In the event of an emergency, Agency may suspend on-line computer services without advance
notice. Services will resume at the earliest practical time.
3.5 The contract maybe immediately suspended without notice if Agency suspects a violation of the
security provisions contained in Section 3 of the Statement of Work. Services will remain
suspended until Agency has fully investigated any suspected security violations and is satisfied
that resumption of service will not result in security breaches. In the event of an extended
suspension of service, Agency will notify Recipient as soon as possible.
3.6 Termination of this contract will not end the responsibility of Recipient to protect the
confidentiality of any data obtained from Agency pursuant to this contract and remaining in
Recipient's custody or control.
SECTION 4 — Breach of Agreement
If Recipient or any official, employee or agent of Recipient fails to comply with any provision of this
agreement, including timely payment of Agency's costs billed to Recipient, this agreement shall be
suspended and further disclosure of information (including any disclosure being processed) to Recipient
shall be prohibited until Agency is satisfied that corrective action has been taken to assure that there will
be no future breach. In the absence of prompt and satisfactory corrective action, this agreement shall be
cancelled and Recipient shall surrender to Agency all information and copies thereof obtained under the
agreement which has not previously been returned to Agency, and any other information relevant to the
agreement obtained under this agreement. Cancellation of this agreement shall not limit Agency from
pursuing penalties provided under state law for the unauthorized disclosure of confidential information.
Agency shall undertake any other action under the agreement, or under any law of the State or of the
United States, to enforce this agreement and secure satisfactory corrective action or surrender of the
information, and shall take other remedial actions permitted under State or Federal law to effect
adherence to the requirements of this agreement and 20 CFR Part 603 including seeking damages,
penalties and restitution as permitted under such law for all costs incurred by Agency in pursuing the
breach of this agreement and enforcement the terms of this agreement.
SECTION 5 — Protecting the Confidentiality of Records
5.1 As used in this agreement, "information" shall mean any records obtained by Recipient from
Agency including records provided orally, electronically or as paper records. Information shall
also include records obtained by Recipient through on-line access to Agency electronic files as
well as any data compilations provided by Agency. Information obtained from Agency shall be
subject to the provisions of this agreement even if it is converted by Recipient into another format
or medium or incorporated in any manner into Recipient records, files or data compilations.
5.2 Recipient shall limit access to information obtained from Agency under this agreement to those
officers and employees of Recipient with a need to access the information to achieve the purpose
Information Release Contract TWC Contract Number: 2908PER092
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
listed in Attachment A, Section 1. Requester shall not transfer the authority or ability to access or
maintain data under this agreement to any other person or entity.
5.3 Recipient shall comply with the requirements of 20 CFR § 603.9, incorporated herein by
reference, regarding safeguarding the information obtained from Agency. A copy of 20 CFR
§603.9 is attached as Attachment A3.
5.4 Recipient shall permit Agency to have access to all sites which contain Agency information
including information maintained electronically and shall permit Agency to have access to all
workplaces used by individuals who have access to Agency information for Agency on-site
inspections to assure that the requirements of state and federal law as well as this agreement are
being met by Recipient. Recipient shall fully cooperate with any on-site inspections or
monitoring activities of Agency.
5.5 Recipient shall safeguard the information disclosed against unauthorized access or redisclosure.
5.6 Recipient shall use Agency information only for purposes authorized by law and consistent with
this agreement.
5.7 Recipient shall store Agency information in a place physically secure from access by unauthorized
persons.
5.8 Recipient shall store and process Agency information maintained in electronic format, such as
magnetic tapes or discs, in such a way that unauthorized persons cannot obtain the information by
any means.
5.9 Recipient shall adopt and comply with precautions to ensure that only authorized personnel are
given access to Agency information stored in computer systems.
5.10 Recipient shall instruct all personnel having access to Agency information about all
confidentiality requirements including the requirements of 20 CFR Part 603 including the
sanctions specified in this agreement and in the state law for unauthorized disclosure of
information.
5.11 Recipient acknowledges that all personnel who will have access to Agency information have been
instructed in accordance with the terms of this agreement. Recipient shall report any breach of
this agreement including any breach of the security provisions to Agency fully and promptly.
5.12 Recipient shall dispose of information disclosed by or obtained from Agency, and any copies
made by Recipient after the purpose set out in Attachment A, Section 1 is achieved, except for
disclosed information possessed by any court. Disposal means return of the information to
Agency or destruction of the information, as directed by Agency. Disposal includes deletion of
personal identifiers in lieu of destruction. In any case, Recipient shall dispose of the information
disclosed within 30 days after the date of termination or expiration of this agreement.
5.13 Recipient shall create and maintain a system sufficient to allow an audit of compliance with the
requirements of this agreement.
Information Release Contract TWC Contract Number: 2908PER092
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INFORMATION RELEASE CONTRACT
5.14 Recipient shall notify Agency immediately if a security violation of this agreement is detected, or
if Recipient suspects that the security or integrity of Agency's data has been or may be
compromised in any way.
5.15 Recipient shall submit any request made under Chapter 552 of the Government Code for
information provided under this agreement to the Office of the Attorney General for the Office of
the Attorney General's decision on whether Chapter 552 release provisions are applicable and
Recipient shall not release the requested information except in conformity with such a decision.
Recipient shall provide Agency with a copy of any request for an Office of the Attorney General
decision at the same time that the request is submitted to the Office of the Attorney General.
5.16 Recipient shall notify Agency within 24 hours of the receipt of any subpoena, other judicial
request or request for appearance for testimony upon any matter concerning information disclosed
under this agreement.
5.17 Recipient, its employees, agents, contractors, and subcontractors agree to indemnify and hold
harmless Agency, the State of Texas, and their employees and officials for any loss, damages,
judgments and costs of liability arising from any acts or omissions or alleged acts or omissions of
Recipient or its employees, agents, contractors and subcontractors, including the inappropriate
release or use, by Recipient, of the information provided by Agency.
Information Release Contract TWC Contract Number: 2908PER092
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INFORMATION RELEASE CONTRACT
CONTRACT #2908PER092
Attachment A
INFORMATION RELEASE AGREEMENT BETWEEN TEXAS WORKFORCE COMMISSION
AND CITY OF ROUND ROCK POLICE DEPARTMENT
STATEMENT OF WORK — PROJECT OBLIGATIONS
SECTION 1— Project Abstract
The purpose of this agreement is to provide Recipient with direct online access to Agency's mainframe
computer files for Wage Records, Unemployment Insurance Claims Function — Limited Access and
Employer Master File Inquiry. This data is provided by Agency solely to assist Recipient with the location
and apprehension of suspected criminals and to verify past employment for administrative background
investigations.
SECTION 2 — Obligations of Agency
2.1 Agency authorizes on-line, "read-only" access to the following, specified Agency mainframe
computer screens:
Wage Record File (BN75 screen);
Unemployment Insurance Claims Function - Limited Access; and
Employer Master File Inquiry.
2.2 On-line access to Agency's data will routinely be available to Recipient Users on Mondays through
Fridays, between the hours of 8:00 a.m. through 5:00 p.m. Central Time Zone, excluding State
holidays. Access to Agency's data may not be available at other times, due to the computer
maintenance needs of Agency.
2.3 Agency reserves the right to conduct monitoring, evaluation and audit of Recipient's access to
Agency's data, as provided under this agreement.
2.4 Agency records include information provided to Agency by third parties including employers and
employees. Agency does not warrant or guarantee the accuracy of this information.
SECTION 3 — Obligations of Recipient
3.1 Recipient shall not release or otherwise make accessible to any other party, the data obtained
hereunder except as specifically required in order to discharge the official duties described herein.
Recipient shall not release any data without the written consent of Agency. Recipient shall maintain
sufficient safeguards over all data obtained from Agency to prevent unauthorized access to or
redisclosure of any information provided hereunder.
Information Release Contract TWC Contract Number: 2908PER092
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
3.2 Security measures utilized by Recipient for the protection of Agency's confidential data will conform,
at a minimum, to the federal regulations contained in 20 CFR 603, and to Agency Data Security
Policy, which is attached to this agreement as Attachment A4.
3.3 All Recipient Users granted access under this agreement to Agency data must execute Agency's User • .
Information Security Agreement prior to being assigned a Security Password for on-line access to
Agency data. Executed User Information Security Agreements must be received by Agency contact
person listed in this contract before a Security Password will be issued. A copy of the User
Information Security Agreement is attached as Attachment Al.
3.4 Recipient must maintain on file a signed copy of the User Information Security Agreement for each
Recipient User. The Security Password for an individual Recipient User shall be immediately
revoked upon termination of that individual or upon reassignment of a Recipient User into a position
not authorized to access Agency's data. Recipient shall notify Agency within five (5) days of the
resignation or termination of a Recipient User. Failure to revoke access of a Recipient User who has
been terminated or reassigned and inform Agency of any termination or reassignment of a Recipient
User shall be a breach of this agreement and may result in immediate termination of the contract as
well as other penalties provided by law and this agreement. All security codes, user names and
passwords issued under this agreement shall be cancelled upon the expiration of the agreement. One
year after the effective date of this contract and each year on the anniversary date of the effective date
of this contract for the term of this contract, access by all Recipient Users shall be cancelled unless
within 30 days of that date the recipient submits new User Agreements executed no more than 30
days prior to the date submitted. Agency will grant access to a maximum of 10 Recipient Users.
3.5 Recipient Users are not authorized to change or update any information contained in Agency's
computer stored files.
3.6 Recipient Users are authorized to access Agency's computer data for the official purposes listed in
Section 1 only and may not divulge information obtained under this agreement to any other individual
or entity, except as strictly required to accomplish the official purposes listed in Section 1.
3.7 Recipient agrees to adopt and implement security guidelines and to ensure that only authorized
Recipient Users will have access to view Agency's confidential data and that any screen dump or
other extraction of Agency data will be protected from unauthorized use or redisclosure.
3.8 Recipient will be solely responsible for disseminating any information provided by Agency to the
remainder of Recipient Users.
3.9 Recipient agrees to notify Agency immediately if a security violation of this agreement is detected, or
if Recipient suspects that the security or integrity of Agency's data has been or may be compromised
in any way.
3.10 Recipient agrees to submit any request made under Chapter 552 of the Government Code for
information provided under this agreement to the Office of the Attorney General for Office of the
Attorney General's decision on the release of the requested information, and shall not release the
requested information except in conformity with such a decision.
Information Release Contract TWC Contract Number: 2908PER092
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3.11 Recipient agrees to pay Agency for online access based on the rate schedule attached to this
agreement as Attachment A2. For the purposes of this agreement, a "transaction" consists of a single
command sent by Recipient on its electronic computer system and received by Agency on its
electronic computer equipment. Charges will be based on the volume of monthly transactions, as
determined by Agency, and will be billed quarterly.
3.12 Recipient will pay each invoice on or before the 30th calendar day following the date of receipt of the
bill from Agency.
3.13 Recipient will treat Wage Records, Claim Benefits Information and Employer Records obtained from
Agency as confidential as required under Texas Labor Code Section 301.081 and the Social Security
Act of 1934.
3.14 Recipient shall establish and maintain security safeguards and procedures to guarantee the
confidentiality of all data obtained from Agency. Such safeguards shall, at a minimum, comply with
the requirements found at 20 CFR 603.9, a copy of which is attached as Attachment A3.
3.15 Recipient's procedures to safeguard data provided shall be subject to audit by Agency.
3.16 Recipient shall be responsible to provide and maintain its own computer hardware and software to
accomplish the necessary computer communications linkages with Agency's mainframe data base.
3.17 Recipient agrees to accept liability for any damage to Agency's hardware, software or data when such
damage is directly caused by the actions of employees of Recipient, whether authorized or
unauthorized users pursuant to this contract.
3.18 In addition to all other charges and costs listed in this agreement, Recipient shall pay a seventy-five
dollar ($75.00) contract initiation charge. Payment of the contract initiation charge is due within 30
calendar days from the date of receipt of the first invoice sent by Agency to Recipient.
SECTION 4 — Contact Persons
In all communications with Agency, Recipient shall include a reference to the TWC contract number. The
parties designate the following primary liaisons for implementation of this agreement:
AGENCY
Margo Kaiser
Attorney, Open Records
Texas Workforce Commission
101 E. 15th Street, Room 266
Austin, TX 78778
margo.kaiser(a,twc.state.tx.us
Information Release Contract
RECIPIENT
Brenda Craytor
Management Analyst
Round Rock Police Department
615 E. Palm Valley Blvd.
Round Rock, TX 78664-3227
bcravtor@round-rock.tx.us
TWC Contract Number: 2908PER092
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Attachment Al
2908PER092
TEXAS WORKFORCE COMMISSION
USER INFORMATION SECURITY AGREEMENT
I,
(Print Name) (Social Security Number)
acknowledge that, as a Recipient User, I will be assigned a personal User Identification Code (User ID) and
password which I will use to activate computer devices that access the Texas Workforce Commission's
computer system. I understand that I will be held personally accountable for my actions and any activity
performed under my User ID. Under no circumstances will I allow my User ID and confidential password to
be used by any other individual, nor will I use one belonging to someone else. I will not enter any
unauthorized data, make any unauthorized changes to data, or disclose any information without prior
authorization.
I understand that under Texas Labor Code §301.085 all information I obtain from the Texas
Workforce Commission under this user agreement is confidential and that a person commits an offense if the
person solicits, discloses, receives, or uses, or authorizes, permits, participates in, or acquiesces in another
person's use of, unemployment compensation information that reveals: (1) identifying information
regarding any individual or past or present employer or employing unit; 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 or employing unit. Such an offense is a Class A misdemeanor.
Violating a data security system or allowing unauthorized access by another party is a class A
misdemeanor under Chapter 33 of the Texas Penal Code, which is punishable by a fine of $3,000.00, a year
in jail, or both. Intentionally causing a computer to malfunction or knowingly altering data without
authorization that results in personal or property damage may constitute a felony of the second degree.
I have read and have had explained to me the security and confidentiality requirements of 20 CFR
Part 603 and the data access agreement with the Texas Workforce Commission. I understand and agree to
abide by these requirements. I also understand that if I violate any of these standards I may be subject to
disciplinary action or prosecution under one or more applicable statutes, and I may jeopardize the agreement
between the recipient and the Texas Workforce Commission.
Signature of User Date
Recipient Agency
I have instructed the User listed above about all confidentiality requirements applicable to data obtained
under the data access agreement with the Texas Workforce Commission including the requirements of 20
CFR Part 603 as well as the sanctions specified in the data access agreement and in state law for
unauthorized disclosure of information.
Signature of Supervisor Date
Distribution: Original retained by the Recipient Agency. Copies to the Texas Workforce Commission and the User.
Information Release Contract TWC Contract Number: 2908PER092
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Attachment A2
Rate Schedule for Online Access
Number of Monthly
Transactions
Monthly Charge
1-10,000
125.00
10,001-25,000
320.00
25,001-50,000
630.00
50,001-75,000
950.00
75,001-100,000
1250.00
100,001-150,000
2000.00
150,001-300,000
3800.00
300,001-500,000
6300.00
500,001-750,000
9400.00
750,001-1,000,000
12,500.00
1,000,001-1,250,000
15,700.00
1,250,001-1,500,000
18,800.00
1,500,001-1,750,000
22,000.00
1,750,001-2,000,000
25,000.00
2,000,001-2,500,000
31,500.00
The above rates are based on a per -transaction fee of $00.011, an additional 14% administrative overhead
charge, and the data processing costs of monitoring actual volume of transactions on a periodic basis.
Transaction levels above 2,500,000 are billed on actual number of transactions times $00.011, plus 14%
administrative overhead.
Information Release Contract
TWC Contract Number: 2908PER092
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Attachment A3
PROTECTION OF CONFIDENTIALITY
CHAPTER V --EMPLOYMENT AND TRAINING ADMINISTRATION, U.S. DEPT. OF LABOR
PART 603 --INCOME AND ELIGIBILITY VERIFICATION SYSTEM
SUBPART A --INCOME AND ELIGIBILITY VERIFICATION SYSTEM
20 C.F.R. § 603.9 What safeguards and security requirements apply to disclosed information?
(a) In general. For disclosures of confidential UC information under § 603.5(d)(2) (to a third party
(other than an agent) 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(0 (to an agent or contractor of a public official); §
603.6(b)(1) through (4), (6), and (7)(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.
(b) Safeguards to be required of recipients.
(1) The State or State UC agency must:
(i) Require the recipient to use the disclosed information only for purposes authorized by
law and consistent with an agreement that meets the requirements of § 603.10;
(ii) Require the recipient to store the disclosed information in a place physically secure
from access by unauthorized persons;
(iii) 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 means;
(iv) Require the recipient to undertake precautions to ensure that only authorized
personnel are given access to disclosed information stored in computer systems;
(v) Require each recipient agency or entity to:
(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 UC agency fully and promptly,
(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.
Information Release Contract TWC Contract Number: 2908PER092
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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 § 603.5(d)(2) (to a third party (other than an agent)
or disclosures made on an ongoing basis), the State or State UC agency must also:
(i) Periodically audit a sample of transactions accessing information disclosed under that
section to assure that the entity receiving disclosed information has on 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 §
603.5(d)(2) are subject to the same confidentiality requirements, and State criminal penalties
for violation of those requirements, as are employees of the State UC agency.
(c) Redisclosure 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 redisclose information only as follows:
(i) To the individual or employer who is the subject of the information;
(ii) To an attorney 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;
(iv) 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 information 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 agency
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).
Information Release Contract TWC Contract Number: 2908PER092
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(2) Information redisclosed under paragraphs (c)(1)(v) and (vi) of this section must be subject
to the safeguards in 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)(1), SSA.
Information Release Contract TWC Contract Number: 2908PER092
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Attachment A4
TEXAS WORKFORCE COMMISSION DATA SECURITY POLICY
It is the policy of the Texas Workforce Commission to promote a secure environment for employees and
clients, and to maintain management controls necessary for the safekeeping of the Agency's resources and
assets.
Employees, physical property, and information related to the conduct of agency operations are assets,
entrusted to the care of the agency by the citizens of this state. Safeguarding the security and integrity of
these assets and using them in a cost-effective manner are basic responsibilities of the agency.
The Texas Workforce Commission relies heavily on its electronic data processing systems to meet its
operational, financial and informational requirements. It is essential that these critical systems are protected
from accidents and misuse of all kinds, and that both the computer system and the data that they process be
operated and maintained in a secure environment.
It will be the responsibility of the Data Security Manager of the RECIPIENT AGENCY to determine and
assign the computer access codes required for a user to perform the assigned job duties. Access to
computerized data will be limited to just that data needed to do the assigned job.
It is the responsibility of the Data Security Manager of the RECIPIENT AGENCY to make certain that all
users are aware of, and comply with, the Texas Workforce Commission's rules and regulations within their
office.
Information Release Contract TWC Contract Number: 2908PER092
Page 9 of 9
TWC Contract/Amendment Number: 2908PER092
CONTRACT/AMENDMENT LANGUAGE CHANGE CERTIFICATION FORM
Please check the appropriate box and sign below:
Ur No Changes. I hereby certify that no changes have been made to documents contained in
this Contract/Amendment package.
❑ Changes to Demographic Information. I hereby certify that changes in demographic
information items only (such as contact or signatory) 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 Conditions. I hereby certify that changes to
the contract/amendment terms and conditions have been proposed. The 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 TWC for evaluation of the proposed changes. If the proposed
changes are approved by the TWC 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 pen and ink changes that I will be contacted by a
TWC representative to discuss them.
Round Rock Police Department
'/97/0C?2
es R. Nuse Date
Ci " Manager