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AG 14-104RETURN TO: Erik Earle EXT:2559 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: IT 2. ORIGINATING STAFF PERSON: Erik Earle EXT: 2559 3. DATE REQ. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION It CONTRACT AMENDMENT(AG #): 14 -104 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Data Sharing Agreement with Washington State Employment Security Department - Amendment to Exhibit A: Data Elements 6. NAME OF CONTRACTOR: Washington State Employment Security Department: Jeff Robinson ADDRESS: P.O.Box 9046 Olympia WA 98507 E -MAIL: JRobinson@esd.wa.gov SIGNATURE NAME: Cynthia Forland _TELEPHONE (360) 902 -9509 _ FAX: TITLE Director, LMPA 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: Signature Date COMPLETION DATE: June 30th 2016 9. TOTAL COMPENSATION $ NSA (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW It PROJECT MANAGER It DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) It LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING * SENT TO VENDOR/CONTRACTOR DATE SENT: 8/11/2014 DATE REC'D: 8/19/2014 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT A SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK P ASSIGNED AG# ❑ SIGNED COPY RETURNED INITIAL/ DATE SIGNED Mayor Jim Ferrell on 8/11/2014 AG# � — (DA- DATE SENT: COMMENTS: Ammendment to Exhibit A: Statement of Work, Section 2: Data Elements to be Disclosed. The revision clarifies that the request is for workplace level data. 11/9 l Employment Security Department WASHINGTON STATE Budget, Policy, & Research Division / Contracts Office P. O. Box 9046 • Olympia, WA 98507 -9046 August 18, 2014 CITY OF FEDERAL WAY ATTN: ERIK EARLE 33325-8 TH AVE. S. FEDERAL WAY, WA 98003 Phone (360) 902 -9389 RE: ESD Interagency Data Sharing Agreement K3321 Amendment No. 1 to SoW No. 1 Enclosed please find one (1) fully signed original of the above referenced amendment for your records. Thank you for your help in completing this amendment. Please contact me if you have any questions. Sin rely, i Pierce ESD Contracts Office 360.902.9389 (pierce _esd.wa.gov Enclosure: (1) ESD Interagency Data Sharing Agreement K3321 Amendment No. 1 to Sow No. 1 f.. WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT Amendment to Contract Number K3321 Statement of Work #1 Contract Title: City of Federal Way Other Party: City of Federal Way The contract identified above, including any subsequent amendments thereto, is hereby amended, under the provision addressing changes and modifications, by the mutual consent of all parties hereto, as follows: Section 2, SOW #1 DATA ELEMENTS TO BE DISCLOSED is hereby revised as follows: 2 DATA ELEMENTS TO BE DISCLOSED ESD shall provide the following data for calendar year 2012 to authorized employees of the City of Federal Way for the purposes of carrying out activities described in this Statement of Work. The City of Federal Way is requesting access to detailed workplace -level employment count data that includes the following tabular information for each workplace within the Subject Area: • State UBI# • NAICS Code • Company Name • Company Description • Employee count • Street Address including: • Site # • Street Name • Suite # • City • State • Zip code • Total Wages The Subject Area includes the zip codes of: 98001, 98003, 98023, 98032, 98198, 98354, 98422; (Encompassing The City of Federal Way and portions of City of Auburn, City of Tacoma, City of Des Moines, City of Kent, City of Milton and Unincorporated King County), From the 2012 Annual Average Covered Employment Dataset. Data should not be summarized to the zip code level. 1 ESD shall not summarize the data to the zip code level. This request should be similar to what the Puget Sound Regional Council requests on a yearly basis. All other terms and conditions of the original contract and any subsequent amendments thereto remain in full force and effect. This amendment shall become effective upon the latest signature below. IN WITNESS WHEREOF; the parties have executed this Amendment. CITY OF FEDERAL WAY WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT By: Jim Ferrell Title; Sign Date By: Cynthia Forland Title: Director, LMPA Signatur : — --li Date: 2 EXHIBIT B WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT NOTICE OF NONDISCLOSURE As a non - Employment Security Department (ESD) employee, you may be given access to records or information that is deemed private and confidential by statute. You may not make any unauthorized disclosure of private or confidential information about employers, clients /claimants or employees to any person or entity. Confidential information includes but is not limited to employee's wages or hours, unemployment insurance benefit records, and standard industrial classification (sic) codes of individual employers. The unauthorized disclosure or abuse of information deemed private and confidential may subject you to a civil penalty of Five Thousand dollars ($5,000) and other applicable sanctions under state and federal law. (RCW 50.13) I have read and understand the above Notice of Nondisclosure. Erik Earle GIS Analyst Printed Name Job Title or User ID (AAAA000) (Signature) (Da e) The above individual has been informed of the obligations of the above referenced agreement and Statement of Work including any limitations, use or publishing of Confidential Data. Thomas Fichtner IT Manager Superv* or's Name S pervisor's Signature Agency NT�w ���( (Date) (An original of this notice must be returned to the ESD Statement of Work Manager. EXHIBIT B WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT NOTICE OF NONDISCLOSURE As a non - Employment Security Department (ESD) employee, you may be given access to records or information that is deemed private and confidential by statute. You may not make any unauthorized disclosure of private or confidential information about employers, clients /claimants or employees to any person or entity. Confidential information includes but is not limited to employee's wages or hours, unemployment insurance benefit records, and standard industrial classification (sic) codes of individual employers. The unauthorized disclosure or abuse of information deemed private and confidential may subject you to a civil penalty of Five Thousand dollars ($5,000) and other applicable sanctions under state and federal law. (RCW 50.13) I have read and understand the above Notice of Nondisclosure. Sarady Long Printed Name (Signature) Sr. Trans. Planning Engineer Job Title or User ID (AAAA000) (Date) The above individual has been Mfsrmed of the obligations of the above referenced agreement and Statement of Work including any limitations, use or publishing of Confidential Data. Rick Perez City Traffic Engineer Supervisor's Nam. -ep Agency Name Supervisor's Signature (Date) (An original of this notice must be returned to the ESD Statement of Work Manager. EXHIBIT B WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT NOTICE OF NONDISCLOSURE As a non - Employment Security Department (ESD) employee, you may be given access to records or information that is deemed private and confidential by statute. You may not make any unauthorized disclosure of private or confidential information about employers, clients /claimants or employees to any person or entity. Confidential information includes but is not limited to employee's wages or hours, unemployment insurance benefit records, and standard industrial classification (sic) codes of individual employers. The unauthorized disclosure or abuse of information deemed private and confidential may subject you to a civil penalty of Five Thousand dollars ($5,000) and other applicable sanctions under state and federal law. (RCW 50.13) I have read and understand the above Notice of Nondisclosure. Stacey Welsh Senior Planner Printed Name Job Title or User ID (AAAA000) (Signature) (Date) The above individual has been informed of the obligations of the above referenced agreement and Statement of Work including any limitations, use or publishing of Confidential Data. Isaac Conlen Planner Manager Supervisor's Name Supervisor's Signature Agency Name (Date) (An original of this notice must be returned to the ESD Statement of Work Manager. RETURN TO: Erik Earle EXT:2559 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: IT 2. ORIGINATING STAFF PERSON: Erik Earle EXT: 2559 3. DATE REQ. BY: asap 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTs) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG #): O INTERLOCAL It OTHER Interagency Data Sharing Agreement Between Washington Employment Security Department and the City of Federal Way 5. PROJECT NAME: Data Sharing Agreement with Washington Employment Security Department 6. NAME OF CONTRACTOR: Washington State Employment Security Department: Jeff Robinson ADDRESS: P.O.Box 9046 Olympia WA 98507 TELEPHONE (360) 902 -9509 E -MAIL: JRobinson @esd.wa.gov FAX: SIGNATURE NAME: Cynthia Forland TITLE Director, LMPA 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: Signature Date COMPLETION DATE: June 30th 2016 9. TOTAL COMPENSATION $ TBD If payment is required. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL /DATE REVIEWED INITIAL/ DATE APPROVED MANAGER 'ROJECT DIRECTOR 71 q ❑ RISK MANAGEMENT (IF APPLICABLE) .&<Aw me 12-14 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED ❑ LAWDEPARTMENT GNATORY (MAYOR OR DIRECTOR) / ❑ CITY CLERK ❑ ASSIGNED AG# AG# — ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: S' nw I r V' f�►k- k. 'i-t. Ga.i - i°I�:s A� � — 0 afi 6til u�Q 2,lGk �a►1- P.� �s �;rc rct av VA 1 11/9 RETURN TO: Erik Earle EXT:2559 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: IT 2. ORIGINATING STAFF PERSON: Erik Earle EXT: 2559 3. DATE REQ. BY: asap 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTs) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG #): O INTERLOCAL It OTHER Interagency Data Sharing Agreement Between Washington Employment Security Department and the City of Federal Way 5. PROJECT NAME: Data Sharing Agreement with Washington Employment Security Department 6. NAME OF CONTRACTOR: Washington State Employment Security Department: Jeff Robinson ADDRESS: P.O.Box 9046 Olympia WA 98507 TELEPHONE (360) 902 -9509 E -MAIL: JRobinson @esd.wa.gov FAX: SIGNATURE NAME: Cynthia Forland TITLE Director, LMPA 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: Signature Date COMPLETION DATE: June 30th 2016 9. TOTAL COMPENSATION $ TBD If payment is required. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL /DATE REVIEWED INITIAL/ DATE APPROVED MANAGER 'ROJECT DIRECTOR 71 q ❑ RISK MANAGEMENT (IF APPLICABLE) .&<Aw me 12-14 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL/ DATE SIGNED ❑ LAWDEPARTMENT GNATORY (MAYOR OR DIRECTOR) / ❑ CITY CLERK ❑ ASSIGNED AG# AG# — ❑ SIGNED COPY RETURNED DATE SENT: COMMENTS: S' nw I r V' f�►k- k. 'i-t. Ga.i - i°I�:s A� � — 0 afi 6til u�Q 2,lGk �a►1- P.� �s �;rc rct av VA 1 11/9 COUNCIL MEETING DATE: June P, 2014 ITEM #: _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT DATA SHARING AGREEMENT POLICY QUESTION: Should the City of Federal Way enter into a data sharing agreement with Washington State Employment Security Department? COMMITTEE: FEDRAC MEETING DATE: May 27`h, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF Information Technology TAFF REPORT BY. Thomas Fichtner, IT Manager ............................................. ..............................' Attachments: Washington State Employment Security Department data sharing agreement with exhibits A & B Summary/Background: The City of Federal Way is in the process of updating the travel demand forcast (TDF) model to be consistent with the Puget Sound Regional Council's latest model. The City will utilize the TDF model to identify the future need for capital facilities associated with; the 2015 Comprehensive Plan Update, Six -Year TIP projects, traffic impacts related to Transportation Concurrency Management, and for future transportation analysis. The City is requesting that the Washington State Employment Security Department provide their 2012 covered employment data for analysis. Funding: No fees are anticipated. However if charges are incurred, Washington State Employment Security Department will provide advanced notice of the expected charges to the City of Federal Way and an opportunity to approve the charges or withdraw from the data request. Options Considered: 1. Approve the Mayor's recommendation to enter into a data sharing agreement with Washington State Employment Security Department. 2. Deny the request to enter into a data sharing agreement with Washington State Employment Security Department and provide staff with further direction. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: _5A11141 MANAGER APPROVAL: Co Mitt ee Cou cil Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: ,['.L;J+�n % !q /.1.� /y Commi ee Counci Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the June 3rd Council Consent Agenda for approval.) COUNCIL MEETING DATE: June P, 2014 ITEM #: _ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON STATE EMPLOYMENT SECURITY DEPARTMENT DATA SHARING AGREEMENT POLICY QUESTION: Should the City of Federal Way enter into a data sharing agreement with Washington State Employment Security Department? COMMITTEE: FEDRAC MEETING DATE: May 27`h, 2014 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF Information Technology TAFF REPORT BY. Thomas Fichtner, IT Manager ............................................. ..............................' Attachments: Washington State Employment Security Department data sharing agreement with exhibits A & B Summary/Background: The City of Federal Way is in the process of updating the travel demand forcast (TDF) model to be consistent with the Puget Sound Regional Council's latest model. The City will utilize the TDF model to identify the future need for capital facilities associated with; the 2015 Comprehensive Plan Update, Six -Year TIP projects, traffic impacts related to Transportation Concurrency Management, and for future transportation analysis. The City is requesting that the Washington State Employment Security Department provide their 2012 covered employment data for analysis. Funding: No fees are anticipated. However if charges are incurred, Washington State Employment Security Department will provide advanced notice of the expected charges to the City of Federal Way and an opportunity to approve the charges or withdraw from the data request. Options Considered: 1. Approve the Mayor's recommendation to enter into a data sharing agreement with Washington State Employment Security Department. 2. Deny the request to enter into a data sharing agreement with Washington State Employment Security Department and provide staff with further direction. MAYOR'S RECOMMENDATION: MAYOR APPROVAL: _5A11141 MANAGER APPROVAL: Co Mitt ee Cou cil Initial/Date Initial/Date Initial/Date CHIEF OF STAFF: ,['.L;J+�n % !q /.1.� /y Commi ee Counci Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option I to the June 3rd Council Consent Agenda for approval.) 10, x_ .i��r► Chair Committee Membe Committee Member PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way to enter into a data sharing agreement with Washington State Employment Security Department to obtain the 2012 employment data. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED C r"f ► COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # 10, x_ .i��r► Chair Committee Membe Committee Member PROPOSED COUNCIL MOTION: "I move approval for the City of Federal Way to enter into a data sharing agreement with Washington State Employment Security Department to obtain the 2012 employment data. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: APPROVED C r"f ► COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 08/12/2010 RESOLUTION # r Employment Security Department WASHINGTON STATE Budget, Policy, & Research Division / Contracts Office P. O. Box 9046 • Olympia, WA 98507 -9046 June 17, 2014 CITY OF FEDERAL WAY ATTN: ERIK EARLE 33325-8 TH AVE S. FEDERAL WAY, WA 98003 RE: ESD Interagency Data Sharing Agreement K3321 Fully Executed Phone (360) 902 -9389 Enclosed please find (1) original of the above referenced agreement for your records. Thank you for your assistance in completing this agreement. Please contact me if you have any questions. Si erely, Lori Pierce ESD Contracts Office 360.902.9389 Ipierce(a-D-esd.wa.gov Enclosure: (1) ESD Interagency Data Sharing Agreement K3321 r Employment Security Department WASHINGTON STATE Budget, Policy, & Research Division / Contracts Office P. O. Box 9046 • Olympia, WA 98507 -9046 June 17, 2014 CITY OF FEDERAL WAY ATTN: ERIK EARLE 33325-8 TH AVE S. FEDERAL WAY, WA 98003 RE: ESD Interagency Data Sharing Agreement K3321 Fully Executed Phone (360) 902 -9389 Enclosed please find (1) original of the above referenced agreement for your records. Thank you for your assistance in completing this agreement. Please contact me if you have any questions. Si erely, Lori Pierce ESD Contracts Office 360.902.9389 Ipierce(a-D-esd.wa.gov Enclosure: (1) ESD Interagency Data Sharing Agreement K3321 INTERAGENCY DATA SHARING AGREEMENT BETWEEN WASHINGTON EMPLOYMENT SECURITY DEPARTMENT . AND CITY OF FEDERAL WAY 1. INTRODUCTION K3321 This Agreement is made and entered into by and between the Washington State Employment Security Department (hereinafter "ESD ") and the City of Federal Way pursuant to authority granted in chapters 39.34, 50.13 and 50.38 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 (chapters 50.13 and 50.38 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 Federal Way 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 City of Federal Way 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 City of Federal Way. 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. 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. INTERAGENCY DATA SHARING AGREEMENT BETWEEN WASHINGTON EMPLOYMENT SECURITY DEPARTMENT . AND CITY OF FEDERAL WAY 1. INTRODUCTION K3321 This Agreement is made and entered into by and between the Washington State Employment Security Department (hereinafter "ESD ") and the City of Federal Way pursuant to authority granted in chapters 39.34, 50.13 and 50.38 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 (chapters 50.13 and 50.38 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 Federal Way 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 City of Federal Way 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 City of Federal Way. 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. 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, 2016, unless terminated sooner as provided in this Interagency Data Sharing Agreement. 7. CONSIDERATION If payment is required, ESD shall give advance notice to City of Federal Way of the expected charges and an opportunity to approve the charges or to withdraw the data request. 8. AGREEMENT MANAGEMENT City of Federal Way staff member responsible for the management of this Agreement is: Name: Title: Address: Telephone Number: FAX Number E -mail: Erik Earle GIS Analyst 33325 8" Ave S Federal Way WA 98003 253- 835 -2559 253- 835 -2509 erik.earle@cityoffederalway.com ESD staff member responsible for the management of this Agreement is: Name: Celia Nwankwo Title: Data Sharing and Security Administrator Labor Market and Performance Analysis Telephone Number: (360) 407 4798 E mail: cnwankwoa- esd.wa.aov The Agreement Manager or their successor shall provide the assistance and guidance necessary for the performance of this agreement. 9. LIMITATION ON ACCESS AND USE City of Federal Way 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, numbered Statement(s) of Work, has been completed: 2 6. PERIOD OF PERFORMANCE 6.1 This Agreement shall commence on the date of execution of this agreement and shall continue through June 30, 2016, unless terminated sooner as provided in this Interagency Data Sharing Agreement. 7. CONSIDERATION If payment is required, ESD shall give advance notice to City of Federal Way of the expected charges and an opportunity to approve the charges or to withdraw the data request. 8. AGREEMENT MANAGEMENT City of Federal Way staff member responsible for the management of this Agreement is: Name: Title: Address: Telephone Number: FAX Number E -mail: Erik Earle GIS Analyst 33325 8" Ave S Federal Way WA 98003 253- 835 -2559 253- 835 -2509 erik.earle@cityoffederalway.com ESD staff member responsible for the management of this Agreement is: Name: Celia Nwankwo Title: Data Sharing and Security Administrator Labor Market and Performance Analysis Telephone Number: (360) 407 4798 E mail: cnwankwoa- esd.wa.aov The Agreement Manager or their successor shall provide the assistance and guidance necessary for the performance of this agreement. 9. LIMITATION ON ACCESS AND USE City of Federal Way 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, numbered Statement(s) of Work, has been completed: 2 9.1.1 All ESD data records or screen prints not admitted as exhibits 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 City of Federal Way shall be responsible for the destruction of confidential 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 City of Federal Way shall not use the information provided for any purpose not specifically authorized under this Agreement. 9.5 City of Federal Way shall protect the confidentiality of the data as required by the laws cited in this Agreement. City of Federal Way shall protect the confidentiality of the information when sharing employment data as provided under this Agreement. 9.6 City of Federal Way shall notify ESD immediately becoming aware of any unauthorized access, use or disclosure. Any breach of this clause may result in termination of this Agreement and the demand for return of all personal information. 10. PHYSICAL SAFEGUARDS City of Federal Way 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 personnel 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 business hours as well as non - business hours or when not in use. 9.1.1 All ESD data records or screen prints not admitted as exhibits 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 City of Federal Way shall be responsible for the destruction of confidential 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 City of Federal Way shall not use the information provided for any purpose not specifically authorized under this Agreement. 9.5 City of Federal Way shall protect the confidentiality of the data as required by the laws cited in this Agreement. City of Federal Way shall protect the confidentiality of the information when sharing employment data as provided under this Agreement. 9.6 City of Federal Way shall notify ESD immediately becoming aware of any unauthorized access, use or disclosure. Any breach of this clause may result in termination of this Agreement and the demand for return of all personal information. 10. PHYSICAL SAFEGUARDS City of Federal Way 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 personnel 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 business hours 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 City of Federal Way shall take precautions to ensure that only authorized personnel are given access to data files. 10.5 City of Federal Way shall establish an audit trail that logs the activities of authorized users. City of Federal Way shall grant ESD access to the audit trail upon request for investigative and compliance monitoring purposes. 10.6 City of Federal Way shall instruct all authorized personnel 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. 10.7 City of Federal Way employees shall only access the ESD data provided through hardware owned by City of Federal Way which is located on state 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 data. 11.4 City of Federal Way agrees to reimburse ESD for all costs associated with the criminal referral and conviction of any City of Federal Way employee engaged in any form of unauthorized redisclosure of confidential 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 E1 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 City of Federal Way shall take precautions to ensure that only authorized personnel are given access to data files. 10.5 City of Federal Way shall establish an audit trail that logs the activities of authorized users. City of Federal Way shall grant ESD access to the audit trail upon request for investigative and compliance monitoring purposes. 10.6 City of Federal Way shall instruct all authorized personnel 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. 10.7 City of Federal Way employees shall only access the ESD data provided through hardware owned by City of Federal Way which is located on state 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 data. 11.4 City of Federal Way agrees to reimburse ESD for all costs associated with the criminal referral and conviction of any City of Federal Way employee engaged in any form of unauthorized redisclosure of confidential 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 E1 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: 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 health and safety, or legal sanctions. The information provided to City of Federal Way 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 City of Federal Way from gaining access to confidential data. Notice of termination of access to confidential data will be by written notice and become effective upon receipt by City of Federal Way. Termination of 5 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: 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 health and safety, or legal sanctions. The information provided to City of Federal Way 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 City of Federal Way from gaining access to confidential data. Notice of termination of access to confidential data will be by written notice and become effective upon receipt by City of Federal Way. Termination of 5 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 Federal Way 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 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 City of Federal Way shall be responsible for the negligence of its employees in the performance of 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. 0 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 Federal Way 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 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 City of Federal Way shall be responsible for the negligence of its employees in the performance of 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. 0 19. NONDISCLOSURE AGREEMENT City of Federal Way 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 Federal Way personnel until ESD receives the completed Nondisclosure Statement for that individual. 20. RIGHT OF INSPECTION City of Federal Way 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. City of Federal Way 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 to 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, City of Federal Way shall be liable to ESD for payment of services rendered by ESD that met the requirements of Exhibit A, Statement of Work and shall return confidential data to ESD on or before the effective date of termination, unless destroyed according to section 9.1 of this Agreement. 7 19. NONDISCLOSURE AGREEMENT City of Federal Way 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 Federal Way personnel until ESD receives the completed Nondisclosure Statement for that individual. 20. RIGHT OF INSPECTION City of Federal Way 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. City of Federal Way 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 to 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, City of Federal Way shall be liable to ESD for payment of services rendered by ESD that met the requirements of Exhibit A, Statement of Work and shall return confidential data to ESD on or before the effective date of termination, unless destroyed according to section 9.1 of this Agreement. 7 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 unless the parties agree in writing that the action shall be before a Washington State Office of Administrative Hearings Administrative Law Judge or a Federal Administrative Law Judge. 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. Rl 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 unless the parties agree in writing that the action shall be before a Washington State Office of Administrative Hearings Administrative Law Judge or a Federal Administrative Law Judge. 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. Rl 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 Employment Security Department Cynthia Forland By LMPA Director E City of Federal Way Jim Ferrell By (print name) Mayor Title S' urel Date 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 Employment Security Department Cynthia Forland By LMPA Director E City of Federal Way Jim Ferrell By (print name) Mayor Title S' urel Date EXHIBIT A STATEMENT OF WORK 1. PURPOSE This Statement of Work establishes the terms and conditions under which ESD will share confidential unemployment insurance data with the City of Federal Way. The City of Federal Way is in the process of updating the travel demand (TDF) model to be consistent with Puget Sound Regional Council (PSRC) latest model and will utilize the TDF model to identify capital facilities needs associated with the 2015 Comprehensive Plan Update, Six -Year TIP projects, traffic impacts related to Transportation Concurrency Management, and for future transportation analysis. The City of Federal Way needs access to the land use data to develop a travel demand model to support the transportation component of the Comprehensive Plan pursuant to the requirements of the State's Growth Management act RCW 36.70A (RCW 36.70A.070.6a(i) "land use assumptions used in estimating travel "; 6a(ii), 6a(iii)A to 6a(iii)F "Land Use Element ". This Statement of Work is subject to all the terms and conditions of the Master Agreement in which it is, incorporated. 2. DATA ELEMENTS TO BE DISCLOSED ESD shall provide the following data for calendar year 2012 to authorized employees of the City of Federal Way for the purposes of carrying out activities described in this Statement of Work. • Zip Codes (98001, 98003, 98023, 98032, 98198, 98422, 98354) • Annual Average Covered Employment - 2012 3. FREQUENCY OF DATA TRANSFER AND SECURITY Confidential data will be provided to the City of Federal Way on a quarterly basis on a secured medium, such as a secured FTP server. Confidential data stored on the City of Federal Way'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 Federal Way 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 EXHIBIT A STATEMENT OF WORK 1. PURPOSE This Statement of Work establishes the terms and conditions under which ESD will share confidential unemployment insurance data with the City of Federal Way. The City of Federal Way is in the process of updating the travel demand (TDF) model to be consistent with Puget Sound Regional Council (PSRC) latest model and will utilize the TDF model to identify capital facilities needs associated with the 2015 Comprehensive Plan Update, Six -Year TIP projects, traffic impacts related to Transportation Concurrency Management, and for future transportation analysis. The City of Federal Way needs access to the land use data to develop a travel demand model to support the transportation component of the Comprehensive Plan pursuant to the requirements of the State's Growth Management act RCW 36.70A (RCW 36.70A.070.6a(i) "land use assumptions used in estimating travel "; 6a(ii), 6a(iii)A to 6a(iii)F "Land Use Element ". This Statement of Work is subject to all the terms and conditions of the Master Agreement in which it is, incorporated. 2. DATA ELEMENTS TO BE DISCLOSED ESD shall provide the following data for calendar year 2012 to authorized employees of the City of Federal Way for the purposes of carrying out activities described in this Statement of Work. • Zip Codes (98001, 98003, 98023, 98032, 98198, 98422, 98354) • Annual Average Covered Employment - 2012 3. FREQUENCY OF DATA TRANSFER AND SECURITY Confidential data will be provided to the City of Federal Way on a quarterly basis on a secured medium, such as a secured FTP server. Confidential data stored on the City of Federal Way'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 Federal Way 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 Federal way 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 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, 2016, 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 of Federal Way 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. City of Federal Way staff member responsible for the management of this Statement of Work is: Name: Erik Earle K statement is attached hereto and incorporated by reference to this Agreement as Exhibit "B ". 5. AUTHORIZATION TO REDISCLOSE CONFIDENTIAL DATA • The City of Federal way 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 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, 2016, 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 of Federal Way 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. City of Federal Way staff member responsible for the management of this Statement of Work is: Name: Erik Earle K Title: GIS Analyst Address: 33325 8th Ave S, Federal Way, WA 98003 Telephone Number: (253) — 835 -2559 FAX Number E mail: erik.earle @cityoffederalway.com 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: JRobinson @esd.wa.gov 10. APPROVAL Now, therefore, in consideration of the mutual promises and undertakings contained herein and in the Interagency Agreement it supplements, the parties hereto consent to the provisions of Exhibit A, Statement of Work. Washington State Employment Security Department Cynthia Forland By Director, LMPA Title /1 Signature / Date City of Federal Way By: Jim Ferrell Title: Mayor Signature Date (- /1' 3 Title: GIS Analyst Address: 33325 8th Ave S, Federal Way, WA 98003 Telephone Number: (253) — 835 -2559 FAX Number E mail: erik.earle @cityoffederalway.com 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: JRobinson @esd.wa.gov 10. APPROVAL Now, therefore, in consideration of the mutual promises and undertakings contained herein and in the Interagency Agreement it supplements, the parties hereto consent to the provisions of Exhibit A, Statement of Work. Washington State Employment Security Department Cynthia Forland By Director, LMPA Title /1 Signature / Date City of Federal Way By: Jim Ferrell Title: Mayor Signature Date (- /1' 3