Ordinance No. 14,505ORDINANCE NO. 14,505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INFORMATION
RELEASE CONTRACT WITH THE TEXAS WORKFORCE COMMISSION;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED SEVEN THOUSAND ONE HUNDRED TWENTY-FIVE
AND NO 100 DOLLARS ($7,125.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to an
Information Release Contract with the Texas Workforce Commission. A copy of said agreement
is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Texas
Workforce Commission in an amount not to exceed SEVEN THOUSAND ONE HUNDRED
TWENTY-FIVE AND NO1100 DOLLARS ($7,125.00) in accordance with the agreement authorized
in Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 101h day of September, 2020.
BRANDON CAPETILL , Mayor
ATTE T:
o�Op,YTOW,Y T�
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L TICIA BRYSCH, Ci erk _
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APPROVED AS TO FORM: •OF :��.+
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KAREN L. HORNER, Interim City Attorney
R. Karen Horner Documents Files City Council Ordinances 2020 September 10 Information Release Contract with the Texas Workforce Commission.docx
Exhibit "A"
TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
TEXAS WORKFORCE COMMISSION
TWC Contract Number
I 2921PEN002
TITLE
INFORMATION RELEASE CONTRACT
Recipient
Name
City of Baytown for the benefit of Baytown Municipal Court
Street Address
2401 Market Street
City/State/ZipCity/State/Zip
Baytown, TX 77520
Telephone Number
(281) 427-9511
Contract Period
This Contract shall begin on December 1, 2020 and shall terminate on May 31, 2025 unless amended by
mutual written agreement of the parties.
Funding Information
The total amount of this Contract will not exceed the sum of:
$6,750.00
Remarks
This Contract is contingent on Recipient's acceptance of and compliance with the terms and conditions of
this Contract and any referenced attachments.
Summary
The information to be provided by TWC will include:
• wage records (WR),
• unemployment compensation claim benefit data (UI) and
• employer master file (ER) inquiry
Type of Access:
Online access only
Number of online users and rate:
1-10 users at the following rate
$750 for 6 months (prorated for half a year) and $1,500.00 / year for 4 years.
Prior contract reference: This contract replaces and supersedes all previous contracts, including
2915PEN084.
Information Release Contract: June 2020
TWC Contract Number: 2921PEN002
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TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
Signature Authority
Each person signing this Contract hereby warrants that he or she has been fully authorized by the
respective organization to:
• Execute this Contract on behalf of the organization, and
• Validly and legally bind the organization to all the terms, performances, and provisions of this
Contract.
Agency: Texas Workforce Commission I Recipient: City of Baytown for the benefit of
Baytown Municipal Court
Heather Hall
Chief Information Officer
Information Release Contract: June 2020
TWC Contract Number: 2921PEN002
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Date I Rick Davis
Date
TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
TABLE OF CONTENTS
General Terms and Conditions
Section 1
Purpose and Legal Authority
Section 2
Term, Termination, and Amendment
Section 3
Consideration
Section 4
Protecting the Confidentiality of TWC Information
Section 5
Records and Audit
Section 6
Breach of Agreement, Default, and Remedies
Section 7
Miscellaneous
Attachment A
Statement of Work — Project Obligations
Attachment B
Safe.guards for TWC Information
Attachment C
Texas Workforce Commission User Agreement
Attachment D
Cover Sheet for Transmitting User Agreement and Training Certificate
Attachment E&F
Intentionally omitted
Attachment G
Certificate of Destruction for Contractors and Vendors
Attachment H I
Quarterly Self -Assessment Report
Information Release Contract: June 2020
TWC Contract Number: 2921PEN002
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TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
GENERAL TERMS AND CONDITIONS
SECTION 1— Purpose 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 confidential data to Recipient. The obligations of the Parties are set forth in detail 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 — Term, Termination, 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
specifying a termination date at least thirty (30) calendar days after the date of the notice. Suspension 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 writing 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
rates upon written notice to Recipient of at least thirty (30) calendar days.
SECTION 4 — Protecting the Confidentiality of TWC Information
4.1 "TWC Information" means records maintained by Agency, 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.
Information Release Contract: June 2020
TWC Contract Number: 2921PEN002
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TEXAS WORKFORCE COMMISSION
PERFORMING AGENCY CONTRACT
4.2 Recipient shall protect the confidentiality of TWC 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 1934, and 20 Code of Federal Regulations (C.F.R.) Part 603.
SECTION 5 — Records and Audit
Recipient shall 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 Remedies
6.1 If Recipient or any official, employee, or agent of Recipient fails to comply with any provision of this
Contract, including timely payment of Agency's invoices, Agency may suspend services to Recipient
(including any data requests being processed) until Agency is satisfied that 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 TWC Information that has not previously been returned to Agency, and any
other records relevant to this Contract.
6.3 Termination of this Contract under 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 under any law of this State or of the
United States, to enforce this Contract and to secure satisfactory corrective action and return of TWC
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 Contract 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 TWC Information in response to a request made under the Public
Information Act or any other law, regulation, or ordinance addressing public access to government
records.
Information Release Contract: June 2020
TWC Contract Number: 2921PEN002
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7.2 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 concerning TWC Information.
Federal regulations at 20 C.F.R. § 603.7 dictate the handling of subpoenas for TWC Information.
7.3 This Contract is made in and performed in the State of Texas, and shall 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
jurisdiction 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 does not constitute a waiver of that provision
or any other.
7.5 Recipient 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 omissions 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 Recipient including
damages and losses of third parties. Recipient shall reimburse Agency for any costs incurred by Agency
in reimbursing third parties damaged by Recipient's breach and costs incurred in attempts by Agency to
limit third party losses resulting from Recipient's breach.
7.7 Recipient agrees to accept liability for any damage to Agency's hardware, software, or TWC
Information when such damage is caused by the actions of employees, contractors, subcontractors or
agents of Recipient, whether or not the individual was an authorized User under this Contract.
7.8 If any provision of this 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
provisions of this Contract unenforceable.
7.9 This Contract is the entire agreement between the Parties.
7.10 The subject headings used in this Contract are for convenience only and are not intended to expand or
limit 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 expiration or earlier termination of this Contract: Sections 4.2, 5,
6.2, 6.3, 7.1, 7.2, 7.5, 7.6, and 7.7 of these General Terms and Conditions; Sections 3.2.3, 3.2.4, and
3.2.5 of Attachment A; and Attachment B.
Information Release Contract: June 2020
TWC Contract Number: 2921PEN002
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INFORMATION RELEASE CONTRACT
Attachment A
INFORMATION RELEASE CONTRACT BETWEEN TEXAS WORKFORCE COMMISSION
AND
CITY OF BAYTOWN
FOR THE BENEFIT OF BAYTOWN MUNICIPAL COURT
STATEMENT OF WORK — PROJECT OBLIGATIONS
SECTION 1 — Project Abstract
1.1 Contract Purpose. The purpose of this Contract is to provide Recipient with access to confidential
Agency data, to ensure that Recipient will maintain the confidentiality 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 Information. Subject to the security and confidentiality provisions of this
Contract, Recipient is authorized to use TWC Information solely for the following purpose: to assist in
criminal investigations; to assist in locating defendants, witnesses and fugitives in criminal cases and to
assist in locating persons with outstanding warrants (the "Limited Purpose"). Any other use of TWC
Information by Recipient is a breach of this Contract.
1.3 References. Section references are to sections of this Attachment A unless otherwise specified.
SECTION 2 — Obligations of Agency
2.1 Online Access.
2.1.1 Description. Agency agrees to provide "read-only" access to the following:
Wage Records (WR)
• Wage Detail Inquiry: View wage information for an individual.
• Coworker Search: View wages reported by an employer.
Unemployment Insurance Benefits and Claimant Information (UI)
• Personal Information: View demographic information for an individual.
• Claims: View unemployment insurance claim information.
• Payments: View unemployment insurance payment information.
• Employer Search: Search employers by name or address.
Employer Records (ER)
• Employer Master File: Search the Employer Master File and view state unemployment tax
information.
Information Release Contract Attachments June 2020
TWC Contract Number: 2921PEN002
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2.1.2 Number of Users. Subject to Section 3.1, Agency will grant access to the screens listed in
Section 2.1.1 to a maximum of ten (10) "Users," all of whom must be direct Recipient
employees.
2.1.3 Availability. Online access will routinely be available Monday through Friday, 8:00 a.m. to
5:00 p.m. Central Time, excluding State holidays, although Agency does not guarantee access
during these periods. Agency may terminate or limit access without notice based on business
necessity or in the event of an emergency.
SECTION 3 — Obligations of Recipient
3.1 Online Access.
3.1.1 Annual Fee and Payment. Recipient shall pay Agency seven hundred fifty dollars ($750.00)
prorated subscription fee for online access described in Section 2.1 for December 1, 2020
through May 31, 2021. Recipient shall pay Agency a one thousand five hundred dollar
($1,500.00) annual subscription fee for the online access described in Section 2.1 beginning June
1, 2021. 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.O. Box 322, Austin, TX 78767-0322.
3.1.2 User Documents. All prospective online Users must execute a Texas Workforce Commission
User Agreement ("User Agreement"), Attachment C, and complete online TWC Cybersecurity
Awareness Training ("Security Training").
3.1.3 User Document Submission and Maintenance. Before Agency EAGLE Administration will
invite a prospective User, Agency EAGLE Administration must receive from Recipient Contact
Person (designated in Section 4.1) a copy of the completed Texas Workforce Commission User
Agreement ("User Agreement"), Attachment C and the Security Training certificate with a
completed Transmittal Cover Sheet ("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 Renewal. On January 1, 2021 the online access of each User established under a
prior contract will be terminated unless Agency EAGLE 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.
3.1.5 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 terminated unless Agency EAGLE
Administration has received for the User, from Recipient Contact Person, copies of a new User
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TWC Contract Number: 2921PEN002
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Agreement and new Training Certificate executed or dated, respectively, no more than thirty (30)
calendar days before submission, with a completed Cover Sheet.
3.1.6 Notice of User Employment Change. Recipient Contact Person shall notify Agency EAGLE
Administration within three (3) calendar days of a User's termination, resignation, or
reassignment into a position not requiring access to TWC Information, so that the User's
password can be immediately revoked. Failure to provide such notice is 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 Changes Prohibited. Users shall not change or update any TWC Information contained in
Agency's computer stored files. Users shall not use any automated system or software to make
multiple queries of Agency's computer stored files.
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 Requirements.
3.2.1 Security Safeguards. 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 Safeguards for TWC Information, Attachment B. Failure to comply
with any requirement of Attachment B is a breach of this Contract.
3.2.2 Suspension. Agency may suspend all services without notice if Agency suspects a violation of
the security provisions in Attachment B. Services will remain 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 Obli ag tion. Termination 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 subject to monitoring, evaluation and audit by Agency.
3.2.5 Inspections. Recipient shall cooperate fully with any on -site 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 -Assessment Report. Recipient shall submit to Agency a fully executed Quarterly Self -
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 1, July 1, and October 1. Each report must have been signed
Information Release Contract Attachments - June 2020
TWC Contract Number: 2921PEN002
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within thirty (30) days preceding submission. Failure by Recipient to submit to Agency a timely
Quarterly Self -Assessment Report may result in the following consequences: the first instance of
a late Quarterly Self -Assessment Report shall result in a late notice being issued by TWC. A
failure by Recipient to timely respond to the first late notice by the time specified in the notice or
Recipient receiving a second late notice, may result in TWC terminating the contract for cause.
3.2.7 Identity Theft Protection. In case of unauthorized disclosure of TWC Information by Recipient,
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
two-year period and must include, at a minimum, automatic fraud alerts to the individual.
3.2.8 Significant Change. 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
governing board, officeholders, or vendor identification number.
3.2.9 Computer Resources. Recipient shall provide and maintain its own computer hardware and
software to accomplish the necessary computer communications linkages with Agency.
3.2.10 Data Source. Agency does not warrant or guarantee the accuracy of TWC 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
Marvin Dagin
External Data Exchange Contracts (EDE)
Procurement and Contract Services Department
Texas Workforce Commission
1117 Trinity Street, Room 342T
Austin, TX 78701
Phone:
(512) 936-4272
Fax:
(512) 936-0219
Email:
DEContractsLa) twc.state. tx.us
Recipient Contact Person
JC Sutterley
Senior City Marshal
City of Baytown for the benefit of
Baytown Marshal's Office
3120 N Main St.
Baytown, TX. 77521
Phone: (281) 427-9511 Ext. 4
Email: Jc.sutterleyabaytown.org
Send invoices to:
Same as above
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 Person, written notification by Agency to
one (1) of the Recipient Contact Persons will satisfy any notification requirement of this Contract.
Information Release Contract Attachments June 2020
TWC Contract Number: 2921 PEN002
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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 bind 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 effective until acknowledged in writing by Agency.
4.5 Communications. Recipient shall include the TWC Contract Number in all communications with Agency.
SECTION 5 — Effect on Other Contracts
The Parties agree that this Contract supersedes and replaces all other contracts between them for information
release or data sharing, including 2915PEN084.
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TWC Contract Number: 2921PEN002
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Attachment B
SAFEGUARDS FOR TWC INFORMATION
"Recipient" in this Contract shall maintain sufficient safeguards over all TWC Information to prevent unauthorized
access to or disclosure of TWC 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. Monitoring. Recipient shall monitor its Users' access to and use of TWC Information and shall ensure that TWC
Information is used only for the following "Limited Purpose": to assist in criminal investigations; to assist in
locating defendants, witnesses and fugitives in criminal cases and to assist in locating 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. Storage. 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 603 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
personnel who will have access to TWC Information have been instructed as required.
7. Disposal. 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, in accordance with Attachment G, Certificate of Destruction
for Contractors and Vendors, which is attached to this contract and incorporated for all purposes.
System. Recipient shall establish and maintain a system sufficient to allow an audit of compliance with 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 TWC Information orally, electronically, in
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.
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TWC Contract Number: 2921 PEN002
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11. Authorized Disclosure. TWC Information may only be disclosed:
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 TWC 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 medium, or incorporated in any manner into Recipient's records, files, or data
compilations.
14. Access Limited. Recipient 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, TWC Information is not "public information" for
purposes of the Public Information Act, Texas Government 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 concerning TWC Information. Federal regulations
dictate the handling of subpoenas for TWC Information. Recipient shall comply with the requirements of 20 C.F.R.
§ 603.7 in responding to any subpoena, other judicial request, or request for appearance for testimony upon any
matter concerning TWC Information.
18. Federal Regulation. Recipient shall comply with all requirements of Safeguards for TWC Information (Attachment
B of this Contract) relating to safeguarding TWC Information and insuring its confidentiality.
19. Unauthorized Lookup. A User shall not access TWC Information listed under the User's SSN or the SSN of a co-
worker, family member, or friend.
20. Screening — Online Users. Recipient shall screen potential Users and seek online access only for employees that
Recipient has determined pose no threat to the security of TWC Information.
21. Screening — All 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
256-bit encryption.
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
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Attachment C
TEXAS WORKFORCE COMMISSION USER AGREEMENT
(User's Printed Name)
(User's work phone number)
(User's Social Security Number)
(Print User's work street address)
(Print User's employer) (Print User's work email)
acknowledge that I will be assigned a personal User ID and password to gain access to the Texas Workforce Commission (TWC)
computer 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 ("TWC Information"), I understand that I will be
held personally accountable for my actions and for any activity performed under my User ID. I 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 and fugitives in criminal cases and to assist in locating persons with outstanding warrants. I understand that TWC maintains
a record of the individuals and employers whose TWC Information I gain access to, and that I am not allowed access to TWC
Information about any individual or employer except as necessary for the Limited Purpose. I understand that I am not allowed access
to TWC 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
written or printed form, or in any other manner without prior written authorization from TWC. I will not disclose any TWC
Information to other governmental entities, including law enforcement entities.
I understand that under Texas Labor Code §301.085, all TWC Information I obtain under this User Agreement is confidential and that
it is a criminal offense to solicit, disclose, receive or use, or to authorize, permit, participate in, or acquiesce in another person's use of
TWC 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 jail, a fine up to $4,000, or both.
I understand that under Texas Penal Code §33.02(a), it is a criminal 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
confinement in jail for up to 180 days or up to 99 years or life in prison, a fine of up to $2,000 or up to $10,000, or both.
I have read and had explained to me the confidentiality and security requirements of 20 C.F.R. § 603.9 and of my employer's contract
with TWC. I understand and agree to abide by these requirements. I understand that if I violate any of these requirements or any
provision of this User Agreement, I will jeopardize my employer's contract with TWC.
Signature of User Date signed
Supervisor Approval: I have instructed the User listed above about all confidentiality requirements applicable to TWC 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 disclosure of TWC Information.
Signature of Supervisor
Printed Name
Approval of Contract Signatory or Contact Person named in Contract:
Signature of Contract Signatory or Recipient Contact Person Printed Name
Date signed
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 EAGLE Administration as specified on the required Cover Sheet, Attachment D to this Contract.
Information Release Contract Attachments June 2020
TWC Contract Number: 2921 PEN002
Page 8 of 13
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
Attachment D
TRANSMITTAL COVER SHEET
FOR NEW USER AGREEMENTS AND TRAINING CERTIFICATES
AND EXISTING USER TRAINING CERTIFICATES
To: EAGLE Administration
via email to: EAGLEsupport0,twc.state. tx.us
(Document must be scanned and encrypted before sending)
via fax to: 512-463-6394
Number of pages including cover sheet:
via mail to: EAGLE Administration
Texas Workforce Commission
101 East 151h Street, Room 0108
Austin, TX 78778-0001
From: City of Baytown for the benefit of
Baytown Municipal Court (Recipient)
(Recipient Contact Person)
(Recipient Contact Person email)
Re: User Agreement(s) and Training Certificate(s) attached
Instructions:
• User Agreement and Training Certificate must be submitted together for each individual.
• 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.
• For questions regarding the User Agreement, lease email EAGLEsul2port cvtwc.state. tx.us
Information Release Contract Attachments June 2020
TWC Contract Number: 2921PEN002
Page 9 of 13
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
Texas Workforce Commission Attachment G
Certificate of Destruction for Contractors and Vendors
Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The TWC tracks, documents, and verifies media sanitization
and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved
methods for media sanitization are listed in the NIST Special Publication 800-88, Guidelines for Media Sanitization.
http://csrc.nist.gov/publications/nistpubs/800-88/NISTSP800-88 with-errata.odf
Contact Name
Title
Company Name and Address
Phone
You may attach an inventory of the media if needed for bulk media disposition or destruction.
Media Type
Media Title / Document Name
HARD COPY
I
I ELECTRONIC
Media Description
(Paper, Microfilm, Computer Media, Tapes, etc.)
Dates of Records
Document / Record Tracking Number
TWC Item Number
Make / Model Serial Number
CLEAR
Who Completed?
Who Verified?
Item Sanitization
PURGE
Phone
Phone
DESTROY
DATE Completed
Sanitization Method and/or Product Used 4
Final Disposition of Media
Reused Internally
Reused Externally
Destruction / Disposal
Returned to Manufacturer
Other:
Comments:
If any TWC Data is retained, indicate the type of storage media, physical locations(s), and any planned destruction date.
Description of TWC Data Retained and Retention Requirements:
Proposed method of destruction for TWC approval:
Type of storage media?
Physical location?
Planned destruction date?
Within five (5) days of destruction or purging, provide the TWC with a signed statement containing the date of clearing, purging or destruction,
description of TWC data cleared, purged or destroyed and the method(s) used.
Authorized approval has been received for the destruction of media identified above and has met all TWC Records Retention Schedule requirements
including state, federal and/or internal audit requirements and is not pending any open records requests.
Records Destroyed by:
Records Destruction Verified by:
Signature
Date
Si nature
Date
Be sure to enter name and contact info for who completed the data destruction and who verified data destruction in the fields above.
Send the signed Certificate of Destruction to:
TWC: Information Security Office, Rm. 0330A, 101 E. 15th Street, Austin, TX 78778-0001
GP Revised: 09-02-15
Information Release Contract Attachments - June 2020
TWC Contract Number: 2921 PEN002
Page 10 of 13
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
Texas Workforce Commission Attachment G
Certificate of Destruction for Contractors and Vendors
INSTRUCTIONS FOR CERTIFICATE OF DESTRUCTION
Hard copy and electronic media must be sanitized prior to disposal or release for reuse. The TWC tracks, documents, and verifies media sanitization
and disposal actions. The media must be protected and controlled by authorized personnel during transport outside of controlled areas. Approved
methods for media sanitization are listed in the NIST Special Publication 800-88, Guidelines for Media Sanitization.
hftp://csrc-nist.gov/publications/nistpubs/800-88/NISTSP800-88 with•errata.pdf
IRS Publication 1075 directs us to the FISMA requirements and NIST guidelines for sanitization and disposition of media used for
federal tax information (FTI). These guidelines are also required for sensitive or confidential information that may include personally
identifiable information (PII) or protected health information (PHI). NIST 800-88, Appendix A contains a matrix of media with minimum
recommended sanitization techniques for clearing, purging, or destroying various media types. This appendix is to be used with the
decision flow chart provided in NIST 800-88, Section 5.
There are two primary types of media in common use:
• Hard Copy. Hard copy media is physical representations of information. Paper printouts, printer and facsimile ribbons, drums,
and platens are all examples of hard copy media.
• Electronic (or soft copy). Electronic media are the bits and bytes contained in hard drives, random access memory (RAM),
read-only memory (ROM), disks, memory devices, phones, mobile computing devices, networking equipment, and many other
types listed in NIST SP 800-88, Appendix A.
1. For media being reused within your organization, use the CLEAR procedure for the appropriate type of media. Then validate the
media is cleared and document the media status and disposition.
2. For media to be reused outside your organization or if leaving your organization for any reason, use the PURGE procedure for the
appropriate type of media. Then validate the media is purged and document the media status and disposition. Note that some
PURGE techniques such as degaussing will typically render the media (such as a hard drive) permanently unusable.
3. For media that will not be reused, use the DESTRUCTION procedure for the appropriate type of media. Then validate the media is
destroyed and document the media status and disposition.
4. For media that has been damaged (i.e. crashed drive) and cannot be reused, use the DESTRUCTION procedure for the appropriate
type of media. Then validate the media is destroyed and document the media status and disposition.
5. If immediate purging of all data storage components is not possible, data remaining in any storage component will be protected to
prevent unauthorized disclosures. Within twenty (20) business days of contract expiration or termination, provide TWC with a signed
statement detailing the nature of TWC data retained type of storage media, physical location, planned destruction date, and the
proposed methods of destruction for TWC approval.
6. Send the signed Certificate of Destruction to:
Texas Workforce Commission
Information Security Office
Room 0330A
101 E. 1501 Street
Austin, TX 78778-0001
FAX to: 512-463-3062
or send as an email attachment to:
cisoetwc.state tx.us
Final Distribution of
Original to: Chief Information Security Officer
Certificate
Copy to: 1. Your Company Records Management Liaison - or - Information Security Officer
2. TWC Contract Manager
GP Revised: 09-02-15
Information Release Contract Attachments-- June 2020
TWC Contract Number: 2921 PEN002
Page I I of 13
TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
Attachment H
QUARTERLY SELF -ASSESSMENT REPORT
Failure to submit this report by due date can 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
requirements of the Contract and the Safeguards for TWC Information (Attachment B of the Contract), during the
previous period, to include the following:
1.
Recipient used the disclosed TWC Information only for purposes authorized by law
Yes: No:
and consistent with the Limited Purpose set forth in Section 1.2 of Attachment A of
_
the Contract.
2.
Recipient stored the disclosed TWC Information in a place physically secure from
Yes: _ No:
access by unauthorized persons. This includes hard copies of the information.
3.
Recipient stored and processed disclosed TWC Information maintained in electronic
Yes: No:
format outside of the recipient computer systems in such a way that unauthorized
_
persons cannot obtain the TWC Information by any means.
4.
Recipient took precautions to ensure that only authorized personnel were given
Yes: No:
access to disclosed TWC Information that is stored in recipient's computer systems.
5.
Recipient has instructed all personnel having access to the disclosed TWC
Yes: No:
Information about confidentiality requirements, the requirements of 20 C.F.R. §
_
603.9 found in Safeguards for TWC Information (Attachment B), and the sanctions
specified in State law for unauthorized disclosure. (Each violation is a Class A
Misdemeanor, punishable by a fine of $4,000, a year in jail, or both).
6.
Recipient adhered to confidentiality requirements and procedures that are consistent
Yes: No:
with and meet the requirements of the TWC Contract.
7.
Recipient agreed to report any infraction(s) of these requirements and procedures to
Yes: No:
TWC fully and promptly.
_ _
8.
Recipient disposed of disclosed TWC Information, and any copies thereof made by
Yes: No:
Recipient, after the purpose for which the TWC Information was disclosed, is
_
served, or as required by court order. (Disposal means return of the TWC
Information to TWC or destruction of the TWC Information, as directed by TWC.
Disposal includes deletion of personal identifiers in lieu of destruction.)
9.
Recipient ensured that the disclosed TWC Information is not retained with personal
Yes: No:
identifiers for longer than such period of time as TWC deems appropriate.
10.
Recipient maintained a system sufficient to allow an audit of compliance with the
Yes: No:
requirements of 20 C.F.R. § 603.9 found in Safeguards for TWC Information
(Attachment B) and the TWC Contract.
11.
Attached is a description of the system referred to in Item 10. Recipient ensured
Yes: No:
that any copies of any logs sent to TWC do not contain Sensitive PII. Remember to
secure originals containing PII.
Information Release Contract Attachments June 2020
TWC Contract Number: 292 l PEN002
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TEXAS WORKFORCE COMMISSION
INFORMATION RELEASE CONTRACT
12. Recipient maintained as a minimum, the encryption requirements of FIPS 140-2 and I Yes: - No:
encrypt the data at the minimum of 256-bit AES encryption.
13. Annual Renewal of Contract User Agreement and training certifications per the Yes: _ No:
Contract terms are on file and copies have been submitted to
EAGLEsupporta,twc.state.tx.us.
14. All users have completed the training within the previous 12 months. I Yes: _ No:
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
Printed Name and Title
Return this Report to:
Date
City of Baytown for the benefit of
Baytown Municipal Court — 2921PEN002
External Data Sharing Contracts Manager' Procurement and Contract Services Department
Texas Workforce Commission 1117 Trinity Street, Room 342T Austin, Texas 78701
Email: SelfAssessmentReports(a_twc.state.tx.us
Fax: 512-936-0219
Information Release Contract Attachments June 2020
TWC Contract Number: 2921PEN002
Page 13 of 13