HomeMy WebLinkAboutResolution - 2008-R0425 - Interlocal Agreement - Texas Workforce Commission - 11_06_2008Resolution No. 2008-RO425
November 6, 2008
Item No. 5.9
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement
extension by and between the City of Lubbock and Texas Workforce Commission. Said
Agreement is attached hereto and incorporated in this Resolution as if fully set forth
herein and shall be included in the minutes of the City Council.
Passed by the City Council this
6th day of November 2008.
TOM MARTIN, MAYOR
ATTEST:
Rebe ca Garza, City Secretary
APPROVED AS TO CONTENT:
Bill Howerton, Jr. '
Community Development Director
APPROVED AS TO FORM:
gs:cc ocs/lnterl cal.Agrmnt-.EXteir-I'X—VPorkForce Comm
10.22.
Resolution No. 2008-RO425
TWC Contract/Amendment Number: 2909PER021
CONTRACTIAMENDMENT LANGUAGE CHANGE CERTIFICATION FORM
Please check the appropriate box and sign below:
EWNo 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 si natory 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.
City of Lubbock Community Development
/'�� 11/6/08
Tom Martin Date
Mayor
Resolution No. 2008—RO425
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
s3
2909PER021
INFORMATION RELEASE
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Open Records Contract and any referenced attachments.
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Agency: Texas Workforce Commission Recipient: City of Lubbock Community
Development
November 6, 2008
Larry E. Temple date Tom Martin Date
Executive Director Mayor
APPROVED AS TO CONTEN ATTEST:
Bill Howerton Jr. unity Dev. Manager Rebe ca Garza, City Secret
Ty
Open Records Contract APPROVED AS TWC Contract Number. 2909PER021
Page 1 of 6
C
S ' As i y
TEXAS WORKFORCE COMMISSION
OPEN RECORDS 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 A3
Protection of Confidentiality - 20 CFR 603.9
Attachment A4
TWC Data Security Policy
Attachment AS
TRequiest Specifications
Open Records Contract TWC Contract Number: 2909PER021
Page 2 of 6
TEXAS 'WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
GENERAL TERMS AND CONDITIONS
SECTION I — 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.
Open Records Contract TWC Contract Number: 2909PER021
Page 3 of 6
TEXAS WORKFORCE COMMISSION
OPEN RECORDS 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 may be 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 of 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.
Open Records Contract TWC Contract Number: 2909PER021
Page 4 of 6
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
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
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.
Open Records Contract TWC Contract Number. 2909PER021
Page 5 of 6
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
5.13 Recipient shall create and maintain a system sufficient to allow an audit of compliance with the
requirements of this agreement.
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 Texas Labor Code Sec. 301.085 provides that unemployment compensation information is not
public information for purposes of Chapter 552 of the Texas Government Code. Recipient shall
not release any information obtained from Agency under this agreement in response to a request
made under Chapter 552 of the Government Code or to a request made under any other law,
regulation, or ordinance addressing public access to government records. Recipient shall inform
Agency within twenty-four (24) hours of receipt by Recipient of service of a subpoena or citation
in any action seeking access to information obtained from Agency.
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.
Open Records Contract TWC Contract Number: 2909PER021
Page 6 of 6
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
CONTRACT #2909PER021
Attachment A
INFORMATION RELEASE AGREEMENT BETWEEN TEXAS WORKFORCE COMMISSION
AND CITY OF LUBBOCK COMMUNITY DEVELOPMENT
STATEMENT OF WORK — PROJECT OBLIGATIONS
SECTION 1— Project Abstract
The purpose of this agreement is to provide Recipient with current Unemployment Insurance Wage Record
(WR) for Social Security Numbers (SSNs) submitted by Recipient. Subject to the security and confidentiality
provisions of this agreement, Recipient shall use information obtained from Agency solely to analyze
employment outcomes for clients participating in the Self Sufficiency program. Any other use of the
information by Recipient shall be a breach of this agreement.
SECTION 2 — Obligations of Agency
2.1 Agency agrees to provide current Wage Records or Benefit information for SSNs provided to Agency
by Recipient as provided in Section 3.
2.2 Agency reserves the right to conduct monitoring, evaluation and audit of Recipient's access to
Agency's data, as provided under this agreement.
2.3 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 For SSN/WR matches performed by Agency staff, Recipient agrees to submit to Agency SSNs sorted
in ascending numerical order.
3.2 For SSN/WR matches performed by Agency staff, Recipient agrees to submit each request in
electronic format, either on 3 1/2" diskette or via e-mail, as an ASCII text file containing only SSNs
in compliance with the specifications detailed in Attachment A5, to locations therein specified.
3.3 For SSN/WR matches for SSNs to be performed by Agency staff, Recipient agrees to pay Agency
based on the rate schedule below.
• $100.00 per 1500 SSNs submitted insets of over 1499
• $75.00 for submitted datasets of between 600 and 1499 SSNs
• $25.00 per 150 SSNs submitted for datasets smaller than 600 SSNs
• $5.00 for the first SSN and $1.00 for each additional SSN submitted to a maximum of $25.00 for
data sets less than 150 SSNs
Open Records Contract TWC Contract Number: 2909PER021
Page 1 of 8
TE{YAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
3.4 For SSN/WR matches to be performed by Agency staff, charges will be based on the volume of
SSNs, per request, to be billed for each request submitted. Payment is due within 30 calendar days
from the date of receipt of the invoice.
3.5 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.
3.6 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.
3.7 Texas Labor Code Sec. 301.085 provides that unemployment compensation information is not public
information for purposes of Chapter 552 of the Texas Government Code. Recipient shall not release
any information obtained from Agency under this agreement in response to a request made under
Chapter 552 of the Government Code or to a request made under any other law, regulation, or
ordinance addressing public access to government records.
3.8 Recipient will pay each invoice on or before the 30th calendar day following the date of receipt of the
bill from Agency.
3.9 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.
3.10 Recipient's procedures to safeguard data provided shall be subject to audit by Agency.
3.11 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.
3.12 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 agreement.
3.13 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.
Open Records Contract TWC Contract Number: 2909PER021
Page 2 of 8
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
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. 15'' Street, Room 266
Austin, TX 78778
margo.kaiser0@twc.state.tx.us
RECIPIENT
Joe Rangel
Contract Coordinator
City of Lubbock Community Development
P.O. Box 2000, 1625 13`h Street, Room 107
Lubbock, TX 79457
jrangel@mylubbock.us
806 775-2309
SECTION 5 — Effect on Other Data Sharing Agreements Between the Parties
The parties agree that this contract supersedes and replaces all other data -sharing agreements between the
parties including 2906PER055.
Open Records Contract TWC Contract Number. 2909PER021
Page 3 of 8
TEXAS WORKFORCE COUMSSION
OPEN RECORDS CONTRACT
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(f) (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.
Open Records Contract TWC Contract Number: 2909PER021
Page 4 of 8
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
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, and
(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).
Open Records Contract TWC Contract Number: 2909PER021
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TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
(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.
Open Records Contract TWC Contract Number: 2909PER021
Page 6 of 8
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
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.
Open Records Contract TWC Contract Number: 2909PER021
Page 7 of 8
TEXAS WORKFORCE COMMISSION
OPEN RECORDS CONTRACT
Attachment A5
REQUEST SPECIFICATIONS
Filename: SSNLIST.TXT or SSNLIST.DOC
Format: ASCII Text; SSNs w/o dashes, no names or DOB's one SSN per line (see below)
Data file should be sorted in ascending numerical order.
Sample:
005722894
435352449
444442459
449704480
451415343
454674153
455312694
459254680
460824998
461554852
463662287
467915523
467952224
501606600
Diskettes should be mailed to:
Texas Workforce Commission
Open Records, Room 266
101 E. 15a' St.
Austin, TX 78778
Files may be attached to an email sent to:
gov.requests@twc.state.tx.us
Open Records Contract TWC Contract Number. 2909PER021
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