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City of San Leandro <br /> FTA No. 74A0834 <br /> Page 10 of 12 <br /> 3) Any available counseling, rehabilitation, and employee assistance programs. <br /> 4) Penalties that may be imposed upon employees for drug abuse violations. <br /> c. Provide, as required by GC Section 8355(c), that every employee who works on <br /> the proposed contract or grant: <br /> 1) Will receive a copy of the company's Drug-Free policy statement. <br /> 2) Will agree to abide by the terms of the company's statement as a condition of <br /> employment on the contract or grant. <br /> d. Failure to comply with these requirements may result in suspension of payments <br /> under this FTA or termination of this FTA or both, and AGENCY may be ineligible <br /> for the award of any future state contracts if CALTRANS determines that any of the <br /> following has occurred: (1)AGENCY has made a false certification or, (2) agency <br /> violates the certification by failing to carry out the requirements as noted above. <br /> 16. Relationship of Parties <br /> It is expressly understood that this FTA is an agreement executed by and between <br /> two independent governmental entities and is not intended to, and shall not be <br /> construed to, create the relationship of agent, servant, employee,partnership,joint <br /> venture or association, or any other relationship whatsoever other than that of an <br /> independent party. <br /> 17. State-Owned Data <br /> a. AGENCY agrees to comply with the following requirements to ensure the <br /> preservation, security, and integrity of State-owned data on portable computing <br /> devices and portable electronic storage media: <br /> 1) Encrypt all State-owned data stored on portable computing devices and <br /> portable electronic storage media using government-certified Advanced <br /> Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit <br /> encryption key to protect CALTRANS data stored on every sector of a hard <br /> drive,including temp files, cached data, hibernation files, and even unused <br /> disk space. <br /> 2) Data encryption shall use cryptographic technology that has been tested and <br /> approved against exacting standards, such as FIPS 140-2 Security Requirements <br /> for Cryptographic Modules. <br /> 3) Encrypt, as described above, all State-owned data transmitted from one <br /> computing device or storage medium to another. <br /> 4) Maintain confidentiality of all State-owned data by limiting data sharing to <br /> those individuals contracted to provide services on behalf of the State, and <br />