HomeMy WebLinkAboutK3449 Interlocal Agreement ESD Contract No. K3449
INTERAGENCY DATA SHARING AGREEMENT
BETWEEN
WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
WASHINGTON
AND
CITY OF ANACORTES
1. INTRODUCTION
This Agreement is made and entered into by and between the Washington State
Employment Security Department (hereinafter "ESD") and the City of Anacortes
pursuant to authority granted in chapters 32 4, 50.13_and 5Il38 of the Revised
Code of Washington (RCW), other relevant federal statutes, and related
regulations.
2. DEFINITIONS
2.1 "Confidential Employment Data" or "UI data" or "Confidential Data" means
information in the records of ESD collected from employers for the
administration of the state unemployment insurance program as set forth
in the federal law (20 CFR 603) and state statutes (chapter 50.13 RCW).
"UI data" is classified as Category 4 data under Washington's OCIO
Standards No. 141 .10.
2.2 "Authorized user" means any City of Anacortes employee approved by
both parties to receive confidential UI data.
3. PURPOSE
The purpose of this Agreement is to:
3.1 Set out the Terms and Conditions under which ESD will share confidential
data with the City of Anacortes as set forth in the federal law (20 CFR
603) and states statutes (chapters 39.34, 50.38 and 50.13 RCW).
3.2 Define the safeguards against unauthorized use and re-disclosure of
confidential data by the City of Anacortes.
4. STATEMENT OF WORK
4.1 The parties shall share data based on the specifications of the Statement
of Work incorporated into this Agreement by reference as Exhibit A.
4.2 The Statement of Work shall specifically identify the data requested, the
purpose for which it will be used, the legal authority for the disclosure by
ESD to the City of Anacortes, and will be authorized and signed by both
parties.
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ESD Contract No. K3449
5. TERMS AND CONDITIONS
All rights and obligations of the parties to this Agreement shall be subject to and
governed by the Terms and Conditions contained in this Agreement.
6. PERIOD OF PERFORMANCE
6.1 This Agreement shall commence on the date of execution of this
Agreement and shall continue through June 30, 2017, unless terminated
sooner as provided in this Interagency Data Sharing Agreement.
6.2 Each Statement of Work, incorporated into this Agreement as Exhibit A,
shall terminate on the date stated in the PERIOD OF PERFORMANCE
clause of the respective Statement of Work, unless amended or modified
as provided herein.
7. CONSIDERATION
If payment is required, ESD shall give advance notice to the City of Anacortes of
the expected charges and an opportunity to approve the charges or to withdraw
the data request.
8. AGREEMENT MANAGEMENT
The City of Anacortes staff member responsible for the management of this
Agreement is:
Name: Steve Hoglund
Title: Finance Director
Address: City of Anacortes
P.O. Box 547 / 904 6th St.
Anacortes, WA 98221
Phone Number: 360-299-1906
Email: stevehcityofanacortes.orq
ESD staff member responsible for the management of this Agreement is:
Name: Jeff Robinson
Title: Manager Policy, Research and
Forecasting
Address: P.O. Box 9046
Olympia, WA 98507
Telephone Number: (360) 902 9509
Email: JRobinson(c�esd.wa.gov
The Agreement Manager or their successor shall provide the assistance and
guidance necessary for the performance of this Agreement.
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9. LIMITATION ON ACCESS AND USE
City of Anacortes agrees to the following limitations on the use of the information
provided by ESD:
9.1 The information provided by ESD will remain the property of ESD and will
be returned to ESD according to the following procedures when the work
for which the information was required, as fully described in Exhibit A,
Statement of Work, has been completed:
9.1.1 All ESD data records or screen prints will be purged from
mainframe systems and individual Personal Computers (PC).
9.1.2 All paper or compact disc copies will be shredded to a size no
larger than 1/8 by 1 1/8 inch size in a crosscut shredder or
deposited into a locked shredder bin to be shredded by a state
authorized company.
9.1.3 The City of Anacortes shall be responsible for the destruction of
confidential Ul data after the work for which the data was
required, as fully described in Exhibit A.
9.2 The information provided by ESD shall be used and accessed only for the
limited purposes of carrying out activities pursuant to this Agreement as
described in the Statement of Work.
9.3 The information provided by ESD will not be duplicated or re-disclosed
without the written authority of ESD.
9.4 The City of Anacortes shall not use the information provided for any
purpose not specifically authorized under this Agreement.
9.5 The City of Anacortes shall protect the confidentiality of the data as
required by the laws cited in this Agreement. The City of Anacortes shall
protect the confidentiality of the information when sharing employment
data as provided under this Agreement.
9.6 The City of Anacortes shall notify ESD immediately of becoming aware of
any unauthorized access, use or disclosure. If a breach of security occurs
that meets the definition in RCW 42.56.590, Personal information —
Notice of security breaches, The City of Anacortes is responsible for any
notifications to the affected individuals as required by the law. Any breach
of this clause may result in termination of this Agreement and the
demand for return of all personal information. The City of Anacortes shall
provide detailed information, including the nature of the unauthorized
activity, names of individuals involved, work locations where the incident
occurred, and the actions taken by the City of Anacortes. The information
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provided by the City of Anacortes will enable ESD to conduct its own
investigation, if necessary.
10.PHYSICAL SAFEGUARDS
The City of Anacortes agrees to the following minimum safeguards for the
information provided by ESD as follows:
10.1 Access to the information provided by ESD will be restricted to only those
authorized users who need it to perform their official duties in the
performance of the scope of work fully detailed in Exhibit A.
10.2 The information will be stored in areas that are safe from access by
unauthorized persons during regular businesshours as well as non—
business hours or when not in use.
10.3 The information will be protected in a manner that prevents unauthorized
persons from retrieving the information by means of computer, remote
terminal or other means.
10.4 The City of Anacortes shall take precautions to ensure that only
authorized users are given access to data files. Electronic access is to be
authorized using hardened passwords that are changed at least every 90
days.
10.5 When applicable, the City of Anacortes shall furnish encryption and
decryption software compatible with ESD's software to ensure security
and confidentiality
10.6 The City of Anacortes will have up-to-date anti-virus software installed
and shall be diligent in the timely updating of this software. This includes
the timely installation of security patches for all information technology
assets, hosts, and networks that process ESD confidential information.
10.7 The City of Anacortes shall establish an audit trail that logs the activities
of authorized users. The City of Anacortes shall grant ESD access to the
audit trail upon request for investigative and compliance monitoring
purposes.
10.8 The City of Anacortes shall instruct all authorized users regarding the
confidential nature of the information, the requirements of the
LIMITATION ON ACCESS AND USE and PHYSICAL SAFEGUARDS
clauses of this Agreement, and the sanctions specified in chapter 50.13
RCW and other federal and state laws against unauthorized disclosure of
information covered by this Agreement.
10.9 The City of Anacortes users shall only access the ESD data provided
through hardware owned by the City of Anacortes which is located on
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local government premises. Data will not be accessed via the following
devices, including but not limited to: cell phones, blackberries, or at
wireless hotspots.
11.REDISCLOSURE OF INFORMATION
11.1 Redisclosure of confidential information received from ESD is prohibited
by chapter 50.13 RCW unless authorized by ESD for the official purpose
for which the information was originally requested.
11.2 Redisclosure of ESD confidential data is authorized for judicial, formal
administrative, or discovery proceedings only by subpoena pursuant to
RCW 50.13.070.
11.3 Parties or individuals redisclosing confidential information in violation of
chapter 50.13 RCW are subject to civil penalty. ESD may pursue criminal
charges against individuals engaged in unauthorized redisclosure of
confidential UI data.
11.4 The City of Anacortes agrees to reimburse ESD for all costs associated
with the criminal referral and conviction of any City of Anacortes
employee engaged in any form of unauthorized redisclosure of
confidential UI data.
12.DATA CLASSIFICATION
According to the Office of the Chief Information Officer (OCIO) Standard
No.141.10, Section 4.2, agencies must classify data into categories based on the
sensitivity of the data. Agency data classifications must translate to or include the
following classification categories:
Category 1 — Public Information
Public information is information that can be or currently is released to the
public. It does not need protection from unauthorized disclosure, but does need
integrity and availability protection controls.
Category 2 — Sensitive Information
Sensitive information may not be specifically protected from disclosure by law
and is for official use only. Sensitive information is generally not released to the
public unless specifically requested.
Category 3 — Confidential information
Confidential information is information that is specifically protected from
disclosure by law. It may include but is not limited to:
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ESD Contract No. K3449
a. Personal information about individuals, regardless of how that information is
obtained.
b. Information concerning employee personnel records.
c. Information regarding IT infrastructure and security of computer and
telecommunications systems.
Category 4 — Confidential Information Requiring Special Handling
Confidential information requiring special handling is information that is
specifically protected from disclosure by law and for which:
a. Especially strict handling requirements are dictated, such as by statutes,
regulations, or agreements.
b. Serious consequences could arise from unauthorized disclosure, such as
threats-to iealth an safety, or legal-sanctions-.
The information provided to the City of Anacortes under this Agreement is
classified as Category 4 — Confidential Information Requiring Special
Handling.
13. NO GUARANTEE OF ACCURACY
ESD does not guarantee the accuracy of the data provided.
14.TERMINATION OF ACCESS
•
14.1 ESD may at its discretion disqualify any individual authorized by the City of
Anacortes from gaining access to confidential UI data. Notice of termination
of access to confidential UI data will be by written notice and become
effective upon receipt by the City of Anacortes. Termination of access of
one individual by ESD does not affect other individuals authorized under
this Agreement.
14.2 ESD Agreement Manager identified in Section 8 of this Agreement shall
be responsible for informing the City of Anacortes Agreement Manager of
the termination of access.
15. NONDISCRIMINATION
No individual shall be excluded from participation in, denied the benefits of,
subjected to discrimination under, or denied employment in the administration of
or in connection with any provision of this Agreement because of race, color,
creed, marital status, religion, sex, national origin, Vietnam-Era or disabled
veteran's status, age, the presence of any sensory, mental or physical disability,
or political affiliation or belief, provided that the prohibition against discrimination
in employment because of disability shall not apply if the particular disability
prevents the individual from performing the essential functions of his or her
employment position, even with reasonable accommodation. The parties agree
to abide by the standards of responsibility toward the disabled as specified by the
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ESD Contract No. K3449
Americans with Disabilities Act and applicable state law. In the event that one of
the parties refuses to comply with the above provision, this Agreement may be
canceled, terminated, or suspended in whole or in part by the other party.
16. RECORDS MAINTENANCE
Both parties shall retain all records, books or documents related to this
Agreement for six (6) years beyond the expiration/termination of this Agreement.
Federal auditors and any persons duly authorized by the parties shall have full
access to and the right to examine any of these materials during this period.
17.INDEMNIFICATION
Each party to this Agreement hereby assumes responsibility for claims and/or
damages to persons and/or property resulting from any act or omissions on the
part of itself, its employees and its officers. Neither party assumes any
responsibility to the other party for the consequences of any claim, act, or
omission of any person, agency, firm, or corporation not a party to this
Agreement.
18.DISPUTES
Except as otherwise provided in this Agreement, when a dispute arises between
the parties and it cannot be resolved by direct negotiation, the parties agree to
participate in mediation in good faith. The mediator shall be chosen by
agreement of the parties. If the parties cannot agree on a mediator, the parties
shall use a mediation service that selects the mediator for the parties. Nothing in
this Agreement shall be construed to limit the parties' choice of a mutually
acceptable alternative resolution method such as a disputes hearing, a Dispute
Resolution Board, or arbitration. If both parties are state agencies, either of the
parties may request intervention by the Governor, as provided by RCW
43.17.330, in which event the Governor's process will control.
19.NONDISCLOSURE AGREEMENT
The City of Anacortes agrees that all their authorized personnel who will have
access to the information provided by ESD will sign a Nondisclosure statement,
identical to that in Exhibit B, Nondisclosure Statement. The statement is
consistent with the chapter 50.13 RCW and the Terms and Conditions of this
Agreement. No data may be released to any City of Anacortes personnel until
ESD receives the completed Nondisclosure Statement for that individual. ESD
agrees to provide a timely acknowledgement of receipt of nondisclosure
statement
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ESD Contract No. K3449
20.RIGHT OF INSPECTION
The City of Anacortes shall provide access to ESD, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal
government at all reasonable times, in order to monitor, evaluate and ensure the
requirements of the state and federal statutes, related regulations, and this
Agreement are being met, The City of Anacortes agrees to accommodate ESD's
request for inspection, electronic monitoring, review, or audit and to allow on-site
audits during regular business hours.
21.WAIVER
Any waiver by any party with regard to any of its rights shall be in writing and
shall not constitute a-waiver-a any other or-future rights of the party.
22.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated
by reference shall be held invalid, such invalidity shall not affect the other
provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be
severable.
23.TERMINATION
23.1 This Agreement shall remain in full force and effect until terminated as
provided in this Agreement. Either party may terminate this Agreement
by giving ten (10) calendar days' written notice to the other party. The
obligations of confidentiality shall continue and survive this Agreement.
23.2 In the event of termination of this Agreement, the City of Anacortes shall
return confidential data to ESD on or before the effective date of
termination, unless destroyed according to section 9.1 of this Agreement.
24.TERMINATION FOR CAUSE
Either party may terminate this Agreement in whole or in part at any time prior to
the date of completion when it is determined that the other party has failed to
comply with the conditions of this Agreement. The cancelling party shall
immediately notify the other party in writing of the termination and the reasons for
termination, together with the effective date of termination.
25.JURISDICTION
This Agreement shall be construed and interpreted in accordance with the laws
of the State of Washington. The venue of any legal action pertaining to this
Agreement shall be the Washington State Superior Court for Thurston County.
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ESD Contract No. K3449
26.AGREEMENT AMENDMENTS
This Agreement may be waived, changed, modified, or amended only by mutual
agreement of the parties. Such amendments shall not be binding unless they are
in writing and signed by personnel authorized to bind each of the parties.
27.ASSURANCES
The parties agree that all activity pursuant to this Agreement will be in
accordance with all applicable current or future federal, state and local laws,
rules and regulations.
28.ASSIGNMENT
Neither party shall assign this Agreement in whole or in part.
29.ORDER OF PRECEDENCE
In the event of an inconsistency in this Agreement, unless otherwise provided,
the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable Federal and State Statutes and Regulations;
2. Terms and Conditions as contained in this Agreement;
3. Any other provisions of this Agreement, including the attached Exhibits.
30.ALL WRITINGS CONTAINED HEREIN
This Agreement sets forth in full the entire agreement of the parties; and any
other agreement, representation, or understanding, verbal or otherwise, is hereby
deemed null and void and of no force and effect whatsoever.
By signing this Agreement, both parties certify that their policies and procedures
comply with the confidentiality requirements of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Washington State Washington State
Employment Security Department City of Anacortes
Cynthia Forland Steve Hoglund 71--Ara-tt 6.£4
By By
LMPA Director Finance Director /
Title Title
Si natiSii/7/
Si nat r�e
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Date Date
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ESD Contract No. K3449
EXHIBIT A
STATEMENT OF WORK
1. PURPOSE
This Statement of Work establishes the provisions under which ESD shall provide
the City of Anacortes access to the confidential UI data for input into an
employment based economic study as part of its periodic Comprehensive Plan
update, pursuant to authority granted in chapters 39.34, 50.13 and 50.38 of the
Revised Code of Washington (RCW),
This Statement of Work is subject to all the terms and conditions of the interagency
Data Sharing Agreement in which it is incorporated.
2. DATA ELEMENTS TO BE DISCLOSED
• ESD will provide the City of Anacortes with aggregated levels of monthly
employment and quarterly wage data by 6-digit North American Industrial
Classification System Code ((NAICS)) for the State of Washington and Skagit
County for comparative purposes.
• ESD will provide the City of Anacortes with firm level monthly employment
and quarterly data for eight census tracts in and around the City of Anacortes
to include 53057950100, 53057950200, 53057950300, 53057950400,
53057950500, 53057950600, 53057950700, and 53057952000. It is the
responsibility of Requesting Entity to aggregate data to census tract levels.
• Data from the Quarterly Census of Employment and Wages (QCEW) will be
provided for each quarter in which data is available for the most recent three
years for the requested geographic areas. The following fields will be
referenced in firm level data:
Field Name Description
Equistatus 1 of 3 stages of EQUI File Status
ownr Ownership Code (private or Gov't)
ownr_type Ownership Code (private or Gov't) Detailed
period Year and Quarter
acctser UI Account + Serial
meei Multiple Establishment Employer Indicator
rec_cnt Record/Firm Count
naics NAICS Code (6-Digit)
naics2 NAICS Code (Major 2-Digit Sector)
Month1 Month 1 Employment for Quarter
Month2 Month 2 Employment for Quarter
Month3 Month 3 Employment for Quarter
totwages Total Wages for Quarter
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ESD Contract No. K3449
taxwages Taxable Wages
contrib Contributions
rpt_level Ranking & Description of Geocoded Accuracy
Level
Rpt_tr11 Tract (11 Characters) (Census 2000)
Rpt_bg12 Block Group (12 Characters) (Census 2000)
Rpt_blk15 Block (15 Characters) (Census 2000)
Rpt_1on83 NAD83 Longitude Coordinates Assigned
Rpt_1at83 NAD83 Latitude Coordinates Assigned
3. FREQUENCY OF DATA TRANSFER AND SECURITY
Confidential data wilibe provided-to the City-of Anacortes-an a quarterly basis-on a-
secured medium, such as a secured FTP server. Confidential data stored on the
City's system will be maintained in a secured manner and destroyed after use as
specified in Section 9, LIMITATION ON ACCESS AND USE of the Interagency
Agreement.
4. NON DISCLOSURE STATEMENT
Authorized City of Anacortes staff that review or work with unemployment insurance
data must read and sign the ESD Non-Disclosure statement prior to viewing or
working with the data. Signed copies of Non-Disclosure statements shall be returned
to ESD Statement of Work Manager. The ESD Non-Disclosure statement is attached
hereto and incorporated by reference to this Agreement as Exhibit "B".
5. AUTHORIZATION TO REDISCLOSE CONFIDENTIAL DATA
• The City of Anacortes shall inform ESD before publication of any report
including UI data and share any drafts of work products at least ten (10)
working days prior to public release.
• Release of information derived from confidential ESD's data, other than to the
authorized members or staff, must be aggregated in such a manner that
individual or firm-level data cannot be identified in any grouping level.
• Groupings at any aggregate level must not include fewer than three
employers and a single employer cannot represent more than 80 percent of
employment.
• Groupings at any aggregate level must be in such a manner that when
combined with other publicly available information would not reveal the name
or any identifying particular about any individual or any past or present
employer or employing unit.
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ESD Contract No. K3449
6. PERIOD OF PERFORMANCE
The Period of performance for this Statement of Work shall commence on the date
of execution of this agreement and shall continue through June 30, 2017, unless
terminated sooner as provided in the Interagency Data Sharing Agreement.
7. STATEMENT OF WORK AMENDMENTS
This Statement of Work may be waived, changed, modified, or amended only by
mutual agreement of the parties. Such amendments shall not be binding unless they
are in writing and signed by personal authorized to bind each of the parties.
8. CONSIDERATION
If payment is required, ESD shall give advance notice to the City Anacortes of the
expected charges and an opportunity to approve the charges or to withdraw the data
request.
9. STATEMENT OF WORK MANAGEMENT
The work described herein shall be performed under the coordination of the
following Statement of Work Managers or their successors, who will provide the
assistance and guidance necessary for the performance of this Statement of Work.
The City of Anacortes staff member responsible for the management of this
Statement of Work is:
Name: Steve Hoglund
Title: Finance Director
Address: City of Anacortes
P.O. Box 547 / 904 6th St.
Anacortes, WA 98221
Phone Number: 360-299-1906
Email: steveh(a cityofanacortes.orq
ESD staff member responsible for the management of this Statement of Work is:
Name: Jeff Robinson
Title: Manager Policy, Research and
Forecasting
Address: P.O. Box 9046
Olympia, WA 98507
Telephone Number: (360) 902 9509
Email: JRobinsonesd.wa.gov
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ESD Contract No. K3449
10. APPROVAL
Now, therefore, in consideration of the mutual promises and undertakings contained
herein and in the Interagency Data Sharing Agreement it supplements, the parties
hereto consent to the provisions of Exhibit A, Statement of Work.
WASHINGTON STATE WASHINGTON STATE
EMPLOYMENT SECURITY CITY OF ANACORTES
DEPARTMENT
Cynthia Eoriand Steve Hoglund bum c VET'
By By
Director, LMPA Finance Director L PP-417^_
T e1(// Title ,�/i-
4 14-0
Sign re Signature
3-10( --). /6 ,/41 / /
Date Date
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