ECEAP-Head Start Data Share - Snohomish County

[01 - "/*: Washington State Department of 

Ear y Learning 

INTERAGENCY AGREEMENT 

BETWEEN 

STATE OF WASHINGTON 

DEPARTMENT OF EARLY LEARNING 

AND 

SNOHOMISH COUNTY 

DEL Contract Number: 12-1180 

Contractor Contract Number: 

Title: DEL ECEAP-Head Start Data Share 

Agreement 

THIS CONTRACT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the State of 

Washington, acting by and through the Department of Early Learning, a department of Washington State 

government (hereinafter referred to as "DEL") located at PO Box 40970, Olympia WA 98504-0970 and 

Snohomish County, a/an County, (hereinafter referred to as "Contracton, located at Human Services Dept., 

3000 Rockefeller, MS 305, Everett WA 98201-3527. 

IT IS THE PURPOSE OF THIS CONTRACT to provide the Contractor with contact information for children 

who are potentially eligible for the Early Childhood Education and Assistance Program (ECEAP) and/or the 

federal Early Head Start and Head Start programs. This information may only be used for recruitment and 

enrollment purposes for these programs. 

THEREFORE, IT IS MUTUALLY AGREED THAT: 

1. CONTRACT MANAGEMENT 

1.1 The Contract Manager for each of the parties shall be the contact person for ail communications and 

billings regarding the performance of this Contract. Contractor and Contract Manager information for this 

Contract is as follows: 

CONTRACTOR BUSINESS ADDRESS 

Snohomish County 

Human Services Dept. 

3000 Rockefeller, MS 305 

Everett WA 98201-3527 

TIN: 91-6001368 

DEL ADDRESS 

Department of Early Learning 

PO Box 40970 

Olympia WA 98504-0970 

CONTRACTOR CONTRACT MANAGER 

Joe Varano 

Early Learning Division Manager 

joe.varano@snoco.org 

Phone: (425) 388-7251 

DEL PROGRAM CONTRACT MANAGER 

Cheryl Comsia 

Program Specialist 

Cheryl.Comsia@del.wa.gov 

Phone: (360) 725-2835 

Contract Number: 12-1180 Printed Date: 1/13/2012 Page 1 of 9

1.2 Each party shall notify the other party in writing within ten days of any changes of the name and contact 

information regarding either party's designated Contract Manager. 

2. EXHIBITS AND ATTACHMENTS 

Attached hereto and incorporated herein as though set forth in full are the following exhibits and attachments: 

Exhibit A - STATEMENT OF WORK 

Exhibit B - GENERAL TERMS AND CONDITIONS 

6 Exhibit C - Data Share Requirements 

Attachment 1 - Nondisclosure of Confidential Data form 

Attachment 2 - Certification of Data Disposition 

Attachment 3 - Description of Data 

The parties agree that the exhibits and attachments listed in this paragraph shall be enforceable against the 

parties and are a part of this Contract. 

3. STATEMENT OF WORK 

The parties agree that the Contractor shall perform the activities and obligations as set forth and described in 

Exhibit A, STATEMENT OF WORK, attached hereto and incorporated herein as though set forth in full. The 

Contractor shall also furnish the necessary personnel, equipment, material and/orservice(s) and otherwise do 

all things necessary for or incidental to the performance of the work as set forth and described in Exhibit A, 

STATEMENT OF WORK. The Contractor agrees to provide the services, products and activities at the costs 

set forth in this Contract. 

4. PERIOD OF PERFORMANCE 

Subject to OFM approval requirements and the requirements of this Contract, the period of performance of this 

Contract shall commence on the date of execution and be completed on or before June 30, 2017, unless 

terminated sooner as provided herein. 

5. SIGNATURES 

THIS CONTRACT, including the exhibits and attachments described in Paragraph 2, is executed by the persons 

signing below who warrant they have read and understand this Contract and the exhibits and attachments. The 

persons signing below further represent that they have the authority to execute this Contract. 

CONTRACTOR: / 

7 , 

' 

GN 

PRINTED NAME AND TITLE: DATE SIGNED: 

DEL: Debby Carr 

DEL Contract Administrator 

Retelved 

FEB 02 2012 

Depertrnent of 

Early Learning 


\k-7-: Washington State Department of 


1. DELIVERABLE 





DEL will provide the Contractor with contact information for children who are potentially eligible for the Early 

Childhood Education and Assistance Program (ECEAP) and/or the federal Early Head Start and Head Start 

programs, to be used solely for recruitment and enrollment purposes for these programs. 

2. BACKGROUND 

AnranrrwAn+ 

‘&11....+111,1 

ECEAP, Early Head Start and Head Start are comprehensive programs that provide education, health and family 

support services to eligible children and their families. The goal of these programs is to support child 

development and prepare children for success in school and in life. Children are eligible for these programs 

based on their age, family income, and developmental or environmental risk factors. 

Each ECEAP, Early Head Start and Head Start provider (hereafter Contractor) is charged with recruiting families 

within their service areas who would most benefit from these services. The Department of Social and Health 

Services (DSHS) serves many of the same families. Therefore, the Department of Earl y Learning (DEL) has 

entered into an agreement with DSHS to obtain confidential client contact information (hereafter Confidential 

Data) for families receiving DSHS services who have potentially-eligible children. DELprovides this Confidential 

Data to ECEAP, Early Head Start and Head Start providers to facilitate enrollment of eligible participants into the 

programs and support our mutual goals of full enrollment. The Confidential Data includes the data elements 

listed in Attachment 3 Description of Data. 

3. PROCESS 

a. To obtain the Confidential Data, Contractors must: 

Annually, by February 1, submit a data collection form to DEL, using the form provided by DEL, This 

form shall include the birth date ranges for eligible children, zip codes of service delivery areas, 

and the name of the contact person responsible for managing data access and destruction at 

the end of the recruitment period. 

Annually, by March 1, submit to DEL a signed Nondisclosure of Confidential Data Form, attachment 

1 of this Contract, for each person who will have access to the data. 

Download the Confidential Data within 13 days of email notice from DEL that it is in your secure 

transfer protocol file. It will be deleted from the secure file after 13 days. 

b. To facilitate enrollment of eligible participants into the ECEAP, Early Head Start and Head Start 

programs, DEL must: 

Provide the data collection and non-disclosure forms to current ECEAP, Early Head Start and Head 

Start providers, 

By March 30 of each year this Contract is in effect, and if requested by the Contractor in 

accordance with section 2a, deliver Confidential Data to the Contractor using a secure file 

transfer protocol. 


n. After rAnPiving the dnta, the oontractor shall: 

i Use the Confidential Data only for recruitment and enrollment of participants in the ECEAP, Early 

Head Start and Head Start programs. The Confidential Data cannot be used in any way that 

violates any provision of this Contract. 

Limit access to the Confidential Data to persons who have signed and submitted to DEL the 

Nondisclosure of Confidential Data Form, attachment 1 of this Contract, 

iii. Take reasonable precautions to secure against unauthorized physical and electronic access to 

Confidential Data as stated in exhibit C Data Share Requirements. The Contractor must not 

transfer the data via email at any time. - 

iv. Destroy the Confidential Data at the end of the annual recruitment period, as described in exhibit C 

Data Share Requirements. 

v. Upon the destruction of the data, complete the Certification of Data Disposition form, attachment 2, 

and submit it to the DEL Contract Manager within 15 days of the date of disposal. 

4. OUTCOMES 

This Contract will support Washington children's access to ECEAP, Early Head Start and Head Start and 

assist Contractor with meeting state or federal requirements for full enrollment. 

5. EXHIBITS AND ATTACHMENTS 

The following exhibits are incorporated by reference and in the event of an inconsistency in this Contract, 

the inconsistency shall be resolved by giving precedence in the following order: 

Applicable federal and Washington statutes and regulations 

This contract cover sheet 


Exhibit 8 - GENERAL TERMS AND CONDITIONS 

Exhibit C - DATA SHARE REQUIREMENTS 

Attachment 1 — NONDISCLOSURE OF CONFIDENTIAL DATA FORM 

Attachment 2 — CERTIFICATION OF DISPOSITION OF DATA 

Attachment 3 — DESCRIPTION OF DATA 


CIM: Washington State Department of 


1. AMENDMENTS 

Exhibit B - GENERAL TERMS AND CONDITIONS 




Agreement 

This Contract may be amended 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. 

2. ASSIGNMENT 

. The work to be provided under this Agreement, and any claim arising under this Agreement, is not 

assignable or delegable by either party in whole or in part, without the express prior written consent of the 

other party, which consent shall not be unreasonably withheld. 

3. COMPLIANCE WITH LAWS 

The parties agree that all activity pursuant to this Contract will be in accordance with all applicable federal, 

state and local laws, rules, and regulations as they currently exist or as amended. 

4. CONFIDENTIALITY OF DEL INFORMATION 

The Contractor shall not use or disclose any information about DEL that may be classified as confidential for 

any purpose not directly connected with the Contractor's activities under this Contract except with the prior 

written consent of DEL or as required by law. 

6. CONFIDENTIALITY OF PERSONAL INFORMATION 

5.1 In addition to the requirements contained in exhibit C (Data Share Requirements) the Contractor shall 

protect all Personal Information collected, used, or acquired in connection with this Contract against loss and 

against unauthorized use, release, disclosure, publishing, modification, transfer, or sale. The requirements 

and conditions contained in paragraph 7, herein, are intended to supplement the requirements and 

conditions contained in exhibit C. If any of the requirements or conditions contained in paragraph 7, herein, 

contradict or conflict with any of the requirements or conditions contained in exhibit C; then the contradiction 

or conflict must be interpreted in a manner that is most consistent with existing state and federal law, and 

protects individual privacy rights. 

5.2 "Personal Information" means information identifiable to any natural person, including but not limited to 

information that relates to the person's name, health, medical or mental health treatment, finances, 

education, business, use or receipt of governmental services or other activities, addresses, telephone 

numbers, social security numbers or other identifying numbers, drivers license numbers, and any financial 

identifiers. 

5.3 To safeguard the confidentiality of all Personal Information the Contractor must: 


a. Ensure that the Contractors' directors, officers, employees, or agents (collectively "Staff') and 

Subcontractors use Personal Information solely for the purposes of this Contract. 

b. Limit access to Personal Information to Staff and Subcontractors requiring access for performance of 

their assigned duties. 

c. Notify Staff, and Subcontractors in accordance with section 18, herein, (Subcontracting) and section 7, 

herein. 

d. Ensure Personal Information is not used, released, disclosed, published, modified, transferred, sold, or 

otherwise made known to unauthorized persons without the prior written consent of the individual named 

or as provided by law. 

e. Ensure that Personal Information is protected from loss and from unauthorized physical or electronic 

access. 

f. Destroy all Personal Information so that it cannot be accessed by unauthorized individuals and cannot be 

recovered when the Personal Information is no longer used for providing services under this Contract, 

and retention is no longer required by section 16, herein, (Records Maintenance). 

g. Immediately notify DEL of any potential, suspected, attempted or actual violation of section 7, herein, 

including but not limited to breaches of security, compromised data, or compromised login IDs or 

passwords, by contacting DEL's Network Administrator, at (360) 440-4540 or via e-mail at 

help.clesk(a,detwa.qov. 

h. Any breach of section 7, herein, may at DEL's discretion, and in addition to all other rights and remedies 

available to DEL, result in: (1) termination of the Contract, (2) a requirement that the Contractor return to 

DEL all Personal Information provided to the Contractor by the State of Washington, and (3) a 

requirement that the Contractor destroy all Personal Information so it cannot be accessed by 

unauthorized individuals and cannot be recovered. 

6. CONFORMANCE 

If any provision of this Contract violates any applicable federal or Washington statute, regulation, or rule of 

law, that provision is considered modified to conform to that statute, regulation, or rule of law. 

7. DISPUTES 

In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the 

following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The 

members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board 

shall evaluate the facts, Agreement terms, applicable statutes and rules, and make a determination of the 

dispute. The determination of the Dispute Board shall be final and binding on both parties. 

The cost of resolution will be borne as allocated by the Dispute Board. 


8. ENTIRE AGREEMENT 

This Contract, including the referenced exhibits and attachments, represents all the terms and conditions 

agreed upon by the parties. No other statements or representations,.written or oral, shall be deemed a part 

hereof or to bind any of the parties to this Contract. 

9. GOVERNING LAW 

This Contract shall be construed and interpreted in accordance with the laws of the State of Washington, 

10. RESPONSIBILMES OF THE PARTIES 

Each party to this Contract 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, its officers, and its agents. 

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 Contract. 

11. INDEPENDENT CAPACITY 

The employees or agents of each party who are engaged in the performance of this Agreement shall 

continue to be employees or agents of that party and shall not be considered for any purpose to be 

employees or agents of the other party. 

12. LIMITATION OF AUTHORITY 

12,1 Only the DEL Director or the Director's delegate by writing (delegation to be made prior to action) shall 

have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of 

this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of 

this Contract is not effective or binding unless made in writing and signed by the DEL Director or the 

Director's delegate by writing (delegation to be made prior to action). 

12.2 Only the DSHS Secretary or the Secretary's delegate by writing (delegation to be made prior to action) 

shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or 

condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or 

condition of this Contract is not effective or binding unless made in writing and signed by the DSHS 

Secretary or the Secretary's delegate by writing (delegation to be made prior to action). 

13. ORDER OF PRECEDENCE 

13.1In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable 

statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 

13,2Applicable state and federal statutes, and local laws, rules and regulations; 

13.3Terms and conditions as contained in this basic Contract instrument but not contained in exhibit A, 


exhibit B, exhibit C, or exhibit D of this Contract; 

13.4Exhibit B: General Terms and Conditions' 

13.5Exhibit A: Statement of Work 

13.6Exhibit C: Data Share Requirements; 

13.7Attachment 3; 

13.8Attachment 2; 

13.9Attachment 1; and 

13.5 Any other provision of this Contract, including materials incorporated by reference. 

14 RECORDS MAINTENANCE 

14.1 Except for the conditions and requirements pertaining to "personal information" (paragraph 7 herein) 

and "confidential information" (exhibit C) the parties shall maintain books, records, documents, data, and 

other evidence relating to this Contract and performance of the services, described herein. 

14.2The parties shall retain the records for a period of six (6) years following the end of the term of this 

Contract. At no additional cost, these records, including material generated under the Contract, shall be 

subject at all reasonable times to inspection, copying, review, or audit by the parties, personnel duly 

authorized by the parties, the Office of the State Auditor, and federal and state officials so authorized by 

law, regulation, or agreement. 

14.3 If any litigation, claim, or audit is started before the expiration of the six (6) year period, the records 

shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 

15 SEVERABILITY 

The provisions of this Contract are intended to be severable. If any term or provision is illegal or invalid for 

any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the 

Contract. 

16 SUBCONTRACTING 

Neither the Contractor nor any subcontractor shall enter into any subcontract for any of the work 

contemplated under this Contract without obtaining prior written approval from DEL. All subcontracts must 

be in writing and in effect before subcontractor services begin. "Subcontractor" shall mean one who is not 

employed by the Contractor, but who is performing all or part of those services under this Contract under a 

separate contract with the Contractor. The terms "subcontractor" and "subcontractors' mean subcontractors 

in any tier. In no event shall the existence of the subcontract operate to release or reduce the liability of the 

Contractor to DEL for any breach in the performance of the Contractor's duties. The - Contractor is 

responsible to DEL for the performance and monitoring of the subcontractor to ensure compliance with the 

terms, conditions, assurances, and certifications of this Contract. This clause does not include contracts of 

employment between the Contractor and personnel assigned to work under this Contract. 

The Contractor is responsible for ensuring that all terms, conditions, assurances, and certifications set forth 


in this Contract are carried forward to any subcontracts. 

17 TERMINATION FOR CAUSE 

If for any cause either party does not fulfill in a timely and proper manner its obligations under this 

Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the 

other party written notice of such failure or violation, The responsible party will be given the opportunity to 

correct the violation or failure within 15 working days. If the failure or violation is not corrected, this 

Agreement may be terminated immediately by written notice of the aggrieved party to the other. 

18 TERMINATION FOR CONVENIENCE 

Either party may terminate this Agreement upon 30 calendar days prior written notification to the other 

party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs 

incurred in accordance with the terms of this Agreement prior to the effective date of termination. 

19 WAIVER 

A failure by either party to exercise its rights under this Agreement shall not preclude that party from 

subsequent exercise of such rights and shall not constitute a waiver of any other rights under this 

Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default 

or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless 

stated to be such in writing and signed by personnel authorized to bind each of the parties. 

20 NEUTRAL AUTHORSHIP 

Each of the provisions of this Contract has been reviewed and negotiated, and represents the combined 

work product of both parties hereto. No presumption or other rules of construction which would interpret the 

provisions of this Contract in favor of or against the party preparing the same shall be applicable in 

connection with the construction or interpretation of any of the provisions of this Contract. 


Washington State Department of 


DEL FrFAP-Head Start Data Share Agreement 

ATTACHMENT 1 

NONDISCLOSURE OF CONFIDENTIAL DATA FORM 

Notice and Agreement 

Regarding Access to Confidential Personal Information 

As an employee or contractor of Snohomish County, which is doing business with the Washington State 

Department of Early Learning (DEL) under Contract No. 12-1180, I may be given access to personal 

information that is confidential, including but not limited to information about Department of Social and 

Health Services clients. 

I have been informed and understand and agree that: 

1. For the purposes of work associated with the above referencedcontract, "Personal 

Information" means information identifiable to any natural person, including but not limited to 

information that relates to the person's name, health, finances, education, business, use or 

receipt of governmental services or other activities, addresses, telephone numbers, social 

security numbers or other identifying numbers, drivers license numbers, and any financial 

identifiers. 

2. I will only access, use, and disclose such Personal Information to carry out my responsibilities 

in accomplishing the services set forth in the above-referenced Contract or as otherwise 

required by law or court order. 

3. I will not release, divulge, publish, transfer, sell, or otherwise make known to unauthorized 

persons such Personal Information, unless required by law or court order. 

Printed Name Position 

Signature D e Telephone Number/e-mail address 

Witnessed by: 

Supervisor's/Authorizing Staff's Printed Name Position 

Supervisor's/Authorizing Staff's Signature Date Telephone Number/e-mail address 

Keep a copy of this document for your records. 

Send the original to ECEAP/hiSSCO, DEL, PO Box 40970, Olympia, WA 98504-0970

DEL ECEAP-Head Start Data Share Agreement 

ATTACHMENT 3 

DESCRIPTION OF DATA 

Washington State Department of Early Learning 

1 , DEL will provide CONTRACTOR data once a year, no later than March 30th: 

2. DEL shall provide the Contractor the following eligible client data elements sorted 

by zip code within the birth date range: 

a. Head of Household's first and last name; 

b. Head of Household's mailing address; 

c. Primary language spoken in household; 

d. Type of assistance program received; 

e. Birth date of eligible child/children; and 

f. Total number of households per zip code. 

3. The DEL Data Custodians are: 

a. Joyce Kilmer, or her successor, ECEAP Administrator. 

b. Jennifer Jennings-Shaffer, or her successor, Head Start State 

Collaboration Office Project Manager

Date of Disposition 


ATTACHMENT 2 

CERTIFICATION OF DATA DISPOSITION 

All copies of any data sets related to DEL Contract # 12-1180 have been wiped 

from data storage systems. 

All materials and non-wiped computer media containing any data sets ro/atedto 

DEL Contract # 12-1180 have been destroyed. 

All copies of any data sets related to DEL Contract # 12-1180 that have not been 

disposed of in a manner described above, have been returned to the Contractor's 

Contract Manager listed in this Contract. 

The data recipient hereby certifies, by signature below, that the data disposition requirements as 

provided in DEL Contract # 12-1180 Data Disposition section of this Program Agr eement have 

been fulfilled as indicated above. 

Contractor Agency Name Snohomish Count 

Signature of Contract Manager Date : 


Send the original to: ECEAP/FISSCO, DEL, PO Box 40970, Olympia, WA 98504-0970 

Approved as to Form Only 

/s/ 6/10/10 

Lucretia F. Greer, AAG Date 

Page 1 of "I

EXHIBIT C 

DATA SHARE REQUIREMENTS 

1. CONFIDENTIAL INFORMATION 

The term "confidential information" as used in this Contrant menns any and all information provided by 

DEL to the Contractor, its staff, officers, agents, and independent subcontractors which may include 

all confidential information (e.g., name, birth date, address, social security number), which may, in any 

manner, identify the individual. 

The Contractor and DEL, and any designated subcontractor may use Confidential Information and 

other information or data gained by reason of this Contract only for the purposes of this Contract. 

Neither Contractor nor DEL shall disclose, transfer, or sell any such information to any party, except 

as provided by law or, in case of Confidential Information, with the prior written consent of the person 

to whom the Confidential Information pertains. Both the Contractor and DEL shall maintain the 

confidentiality of all Confidential Information and other information gained by reason of this Contract. 

Further, the Contractor, DEL, and their subcontractor, agents, and associates shall not link the data 

with Confidential Information or individually identifiable data from any other source nor re-disclose or 

duplicate the data unless specifically authorized in this Contract or by the prior consent of either party. 

2. IDENTIFICATION OF AUTHORIZED CONTRACT OFFICIALS 

Authorized employees of the Contractor may request access to and limited use of information 

contained in DEL records as well as other confidential information for the purposes stated in this 

Contract. Each authorized employee shall complete, sign, and return to DEL, Attachment 1, Notice 

of Non Disclosure form. 

3. DATA SHARED WITH SUB-CONTRACTORS 

If DEL data provided under this Contract is to be shared with a subcontractor, the contract with the 

subcontractor must include all of the data security provisions within this Contract and within any 

amendments, attachments, or exhibits within this Contract. If the Contractor cannot protect the data 

as articulated within this Contract, then the Contract with the subcontractor must be submitted to the 

DEL Contact specified for this Contract for review and approval. 

Each authorized subcontractor shall complete, sign, and return to DEL, Attachment 1, Contractor 

Notice of Non Disclosure. 

4. ASSURANCES 

The parties hereto agree that all activity pursuant to this Contract shall be in accordance with this 

Contract and all applicable current or future federal, state, and local laws, and all applicable rules and 

regulations, 

5. DESCRIPTION OF DATA 

DEL shall submit the data elements as identified in Attachment 3 Description of Data. DEL 

custodians of the identified data will also be identified in Attachment 3 Description of Data. 

6. METHOD OF TRANSFER 

All data transfers to/from Contractor shall be made via Secure File Transfer Protocol (SFTP) with login 

and hardened password security. 

7. LIMITATION ON ACCESS AND USE 

Contractor agrees to the following limitations on the use of the Confidential Information provided b y DEL: 

Page 1 of 6 Data Access and Management Contract between DEL and CONTRACTOR

a) Confidential Information provided by DEL will remain the property of DEL and will be returned 

to DEL or destroyed when the work for which the information was required has been 

completed. 

Confidential Information provided by DEL will be dooessed and used only for the purposes of 

carrying out activities pursuant to this Contract. 

c) Contractor shall not use the information provided for any purpose not specifically authorized 

under this Contract. 

d) The information provided by DEL will not be duplicated or re-disclosed without the written 

authority of DEL. 

e) The Contractor shall protect the confidentiality of the information pursuant to this Contract by 

adopting and implementing effective physical, electronic, and managerial safeguards against 

unauthorized access to and unauthorized disclosure of such information. 

f) If the data and analyses generated by the data recipient contain confidential information about 

DEL clients, then any and all reports utilizing this data shall be subject to review and approval 

by the providing party prior to publication in any medium or presentation in any forum. 

8. SAFEGUARDS AGAINST UNAUTHORIZED ACCESS AND REDISCLOSURE 

Contractor shall exercise due care to protect all confidential data from unauthorized physical and 

electronic access. Both parties shall establish and implement the following minimum physical, 

electronic and managerial safeguards for maintaining the confidentiality of information provided by 

either party pursuant to this Contract: 

a) Access to the information provided by DEL will be restricted to only those authorized staff, 

officials, and agents of the parties who need it to perform their official duties in the 

performance of the work requiring access to the information as detailed in the Purpose of this 

Contract. 

b) The Contractor will store the information in an area that is safe from access by unauthorized 

persons during duty hours as well as non-duty hours or when not in use. 

c) Unless specifically authorized within the Special Terms and Conditions of the Contract, the 

Contractor will not store any confidential or sensitive data on portable electronic devices or 

media, including, but not limited to laptops, handhelds/PDAs, Ultramobile PCs, flash memory 

devices, floppy discs, optical discs (CDs/DVDs), and portable hard disks. 

d) The Contractor will protect the information in a manner that prevents unauthorized persons 

from retrieving the information by means of computer, remote terminal or other means. 

e) The Contractor shall take precautions to ensure that only authorized personnel and agents are 

given access to on-line files containing Confidential Information. 

f) The Contractor shall instruct all personnel with access to the Confidential Information 

regarding the confidential nature of the information, the requirements of the Limitation on 

Access and Use and Safeguards Against Unauthorized Access and Re-Disclosure clauses of 

this Contract, and the sanctions specified in federal and state laws against unauthorized 

disclosure of information covered by this Contract. 

g), The Contractor shall take due care and take reasonable precautions to DEL's confidential data 

from unauthorized physical and electronic access. Both parties will strive to meet or exceed 

the requirements of the Information Services Board (ISB) policies and standards for data 

security and access controls to ensure the confidentiality, availability, and integrity of all data 

accessed. 

9. NOTIFICATION OF COMPROMISE OR POTENTIAL COMPROMISE 

If the Contractor or its agents detect a compromise or potential compromise in the information 

technology security for this data such that confidential information may have been accessed or 

disclosed without proper authorization, the Contractor will give notice within one (1) working day of 

discovery to the DEL of such compromise or potential compromise and the compromised party will 


take corrective action as soon as practicable to eliminate the cause of the breach. 

10. RE - DISCLOSURE OF CONFIDENTIAL INFORMATION 

Re-disclosure of Confidential Information received from staff or agent of either party to any person 

who is not expressly identified by or pursuant to this Contract as a person authorized to_ receive and 

process such Confidential Information is prohibited by this Contract, the state Ethics in Public Service 

law (Chapter 42.52 ROW), and various state and federal laws such as those cited above in the 

context of the definition of Confidential Information. 

11. OATH OF NONDISCLOSURE AND/OR NOTICE OF NONDISCLOSURE 

Contractor agrees that all of their staff, subcontractors, and agents who will have access to the 

Confidential Information provided by either party will sign Attachment 1 Contractor Notice of 

Nondisclosure to ensure that they fully understand the restrictions regarding unauthorized disclosure 

of Confidential Information. No data may be released to any personnel or agent until DEL receives a 

completed notice of nondisclosure for that individual. 

12. PROTECTION OF DATA 

Contractor agrees to store data on one or more of the following media and protect the data as 

described: 

a) Hard disk drives. Data stored on local workstation hard disks. Access to the data will be 

restricted to authorized users by requiring logon to the local workstation using a unique user ID 

and complex password or other authentication mechanisms which provide equal or greater 

security, such as biometrics or smart cards. 

b) Network server disks. Data stored on hard disks mounted on network servers and made 

available through shared folders. Access to the data will be restricted to authorized users 

through the use of access control lists which will grant access only after the authorized user 

has authenticated to the network using a unique user ID and complex password or other 

authentication mechanisms which provide equal or greater security, such as biometrics or 

smart cards. Data on disks mounted to such servers must be located in an area which is 

accessible only to authorized personnel, with access controlled through use of a key, card key, 

combination lock, or comparable mechanism. 

c) Optical discs (CDs or DVDs) in local workstation optical disc drives. Data provided by 

DEL on optical discs which will be used in local workstation optical disc drives and which will 

not be transported out of a secure area. When not in use for the contracted purpose, such 

discs must be locked in a drawer, cabinet or other container to which only authorized users 

have the key, combination or mechanism required to access the contents of the container. 

Workstations which access DEL data on optical discs must be located in an area which is 



d) Optical discs (CDs or DVDs) in drives or jukeboxes attached to servers. Data provided 

by DEL on optical discs which will be attached to network servers and which will not be 

transported out of a secure area. Access to data on these discs will be restricted to authorized 

users through the use of access control lists which will grant access only after the authorized 

user has authenticated to the network using a unique user ID and complex password or other 

authentication mechanisms which provide equal or greater security, such as biometrics or 

smart cards. Data on discs attached to such servers must be located in an area which is 




e) Paper documents. Any paper records must be protected by storing the records in a secure 

area which is only accessible to authorized personnel. When not in use, such records must be 

stored in a locked container, such as a file cabinet, locking draWer, or safe, to which only 

authorized persons have aucee6. 

f) Access via remote terminal/workstation over the State Governmental Network (SGN). 

Data accessed and used interactively over the SGN. Access to the data will be controlled by 

DEL staff who will issue authentication credentials (e.g. a unique user ID and complex 

password) to authorized contractor staff. Contractor will notify DEL staff immediately 

whenever an authorized person in possession of such credentials is terminated or otherwise 

leaves the employ of the contractor, and whenever a user's duties change such that the user 

no longer requires access to perform work for this Contract. 

g) Access via remote terminal/workstation over the Internet through Secure Access 

Washington. Data accessed and used interactively over the SGN. Access to the data will be 

controlled by DEL staff who will issue authentication credentials (e.g. a unique user ID and 

complex password) to authorized Contractor staff. Contractor will notify DEL staff immediately 

whenever an authorized person in possession of such credentials is terminated or otherwise 

leaves the employ of the contractor and whenever a user's duties change such that the user 

no longer requires access to perform work for this Contract. 

h) Data storage on portable devices or media. 

(1) DEL data shall not be stored by the Contractor on portable devices or media unless 

specifically authorized within the Special Terms and Conditions of the contract. If so 

authorized, the data shall be given the following protections: 

(a) Encrypt the data with a key length of at least 128 bits 

(b) Control access to devices with a unique user ID and password or stronger 

authentication method such as a physical token or biometrics. 

(c) Manually lock devices whenever they are left unattended and set devices to lock 

automatically after a period of inactivity, if this feature is available. Maximum period 

of inactivity is 20 minutes. 

Physically protect the portable device(s) and/or media by: 

(d) Keeping them in locked storage when not in use; 

(e) Using check-in/check-out procedures when they are shared; and 

(f) Taking frequent inventories. 

(2) When being transported outside of a secure area, portable devices and media with 

confidential DEL data must be under the physical control of Contractor staff with 

authorization to access the data. 

(3) Portable devices include, but are not limited to; handhelds/PDAs, Ultramobile PCs, 

flash memory devices (e.g. USB flash drives, personal media players), portable hard 

disks, and laptop/notebook computers if those computers may be transported outside 

of a secure area. 


(4) Portable media includes, but is not limited to; optical media (e.g. CDs, DVDs), 

magnetic media (e.g. floppy disks, tape, Zip or Jaz disks), or flash media (e.g. 

CompactFlash, SD, MMC). 

13. DATA SEGREGATION 

a) DEL data must be segregated or otherwise distinguishable from non-DEL data. This is to 

ensure that when no longer needed by the Contractor, all DEL data can be identified for return 

or destruction. It also aids in determining whether DEL data has or may have been 

compromised in the event of a security breach. 

b) DEL data will be kept on media (e.g. hard disk, optical disc, tape, etc.) which will contain 

no non-DEL data. {Jr, 

c) DEL data will be stored in a logical container on electronic media, such as a partition or 

folder dedicated to DEL data. Or, 

d) DEL data will be stored in a database which will contain no non-DEL data. Or, 

e) DEL data will be stored within a database and will be distinguishable from non-DEL data 

by the value of a specific field or fields within database records. Or. 

g) 

When stored as physical paper documents, DEL data will be physically segregated from 

non-DEL data in a drawer, folder, or other container. 

When it is not feasible or practical to segregate DEL data from non-DEL data, then both 

the DEL data and the non-DEL data with which it is commingled must be protected as 

described in this exhibit. 

14. DATA DISPOSITION 

Data provided by DEL will remain the property of DEL and shall be promptly destroyed by Contractor 

when the work for which the data was required, as fully described herein, is completed. Acceptable 

destruction methods for various types of media include: 

a) For paper documents containing confidential or sensitive information, a contract with a 

recycling firm to recycle confidential documents is acceptable, provided the contract ensures 

that the confidentiality of the data will be protected. Such documents may also be destroyed 

by on-site shredding, pulping, or incineration. 

b) For paper documents containing Confidential Information requiring special handling (e.g. 

Protected Client Information), recycling is not an option. These documents must be destroyed 

by on-site shredding, pulping, or incineration. 

c) If confidential or sensitive information has been contained on optical discs (e.g. CDs or DVDs), 

the data recipient shall either destroy by incineration the disc(s), shredding the discs, or 

completely deface the readable surface with a coarse abrasive. 

d) If confidential or sensitive information has been stored on magnetic tape(s), the data recipient 

shall destroy the data by degaussing, incinerating or crosscut shredding. 

e) If data has been stored on server or workstation data hard drives or similar media, the data 

recipient shall destroy the data by using a "wipe" utility which will overwrite the data at least 

three (3) times using either random or single character data, degaussing sufficiently to ensure 

that the data cannot be reconstructed, or physically destroying disk(s). 


f) If data has been stored on removable media (e.g. floppies, USB flash drives, portable hard 

disks, or similar disks), the data recipient shall destroy the data by using a "wipe" utility which 

will overwrite the data at least three (3) times using either random or single character data, 

degaussing sufficiently to ensure that the data cannot be reconstructed, or physically 

destroying disk(s). 

'15. CERTIFICATION OF DATA DISPOSAL 

Upon the destruction of each data transfer, Contractor shall complete Attachment 2 Certification of 

Data Disposition, and submit it to the Contract Manager as identified on page one of this Contract, 

within 15 days of the date of disposal. 

16. ON-SITE INSPECTIONS 

Contractor shall permit DEL to make onsite inspections for purposes of monitoring compliance with 

this Contract. 

17. NO GUARANTEE OF ACCURACY AND NON-LIABILITY 

Neither Washington State nor DEL guarantees the accuracy of the data provided. All risk and 

liabilities of use and misuse of information provided pursuant to this Contract are understood and 

assumed by Contractor. 

18, TERMINATION OF ACCESS 

DEL may at its discretion disqualify at any time any person authorized access to Confidential Information 

by or pursuant to this Contract. Notice of disqualification shall be in writing and shall terminate a 

disqualified person's access to any Confidential Information provided by DEL pursuant to this Contract 

immediately upon delivery of the notice to Contractor. Disqualification of one or more persons by DEL 

does not affect other persons authorized by or pursuant to this Contract. 

By signing this Contract, the Requesting Entity certifies that its policies and procedures comply with 

the confidentiality requirements of this Contract. 


, Wasi-lington State Deoartrwnt of 

L r =9 a r C 


ATTACHMENT 

NONDISCLOSURE OF CONFIDENTIAL DATA FORM 

Notice and Agreement 

Regarding Access to Confidential Personal Information 

As an employee or contractor of Snohomish County, which is doing business with the Washington State 

Department of Early Learning (DEL) under Contract No. 12-1180, I may be given access to personal 

information that is confidential, including but not limited to information about Department of Social and 

Health Services clients. 

I have been informed and understand and agree that: 

1. For the purposes of work associated with the above referenced contract, "Personal 

Information" means information identifiable to any natural person, including but not limited to 

information that relates to the person's name, health, finances, education, business, use or 

receipt of governmental services or other activities, addresses, telephone numbers, social 

security numbers or other identifying numbers, drivers license numbers, and any financial 

identifiers. 

2. /mill only access, use, and disclose such Personal Information to carry out my responsibilities 

in accomplishing the services set forth in the above-referenced Contract or as otherwise 

required by law or court order. 

I will not release, divulge, publish, transfer, sell, or otherwise make known to unauthorized 

persons such Personal Information, unless required by law or court order. 

Printed Name Position 

Signature Date Telephone Number/e-mail address 

Witnessed by: 

Supervisor's/Authorizing Staff's Printed Name Position 

Supervisor's/Authorizing Staff's Signature Date Telephone Number/e-mail address 

Keep a copy o -T this document for your records. 

Send the original to: ECEAPP-ISSCO, DEL, PO Box 40970, Olympia, INA $8504-0VO

Date of Disposition 

DEL ECEAP-Heaci Start Data Share Agreement 

ATTACHMENT 2 

CERTIFICATION OF DATA DISPOSITION 

All copies of any data sets related to DEL Contract # 12-1180 have been wiped 

from data storage systems. 

All materials and non-wiped computer media containing any data sets related to 

DEL Contract # 12-1180 have been destroyed. 

All copies of any data sets related to DEL Contract # 12-1180 that have not been 

disposed of in a manner described above, have been returned to the Contractor's 

Contract Manager listed in this Contract. 

The data recipient hereby certifies, by signature below, that the data disposition requirements as 

provided in DEL Contract # 12-1180 Data Disposition section of this Program Agreement have 

been fulfilled as indicated above. 

Contractor Agency Name Snohomish County 

Signature of Contract Manager Date : 


Send the original to: ECEAP/HSSCO, DEL, PO Box 40970, Olympia, WA 98504-0970 

Approved as to Form Only 

/s/ 6/10/10 

Lucretia F. Greer, MG Date 

Page I of 1

DEL FrPAP-H ad Start Data Share Agreement 

ATTACHN1ENT 3 

DESCRIPTION OF DATA 

Washington State Department of Early Learning 

1. DEL will provide CONTRACTOR data once a year, no later than March 30th: 

2. DEL shall provide the Contractor the following eligible client data elements sorted 

by zip code within the birth date range: 

a. Head of Household's first and last name; 

b. Head of Household's mailing address; 

C. Primary language spoken in household; 

d. Type of assistance program received; 

e. Birth date of eligible child/children; and 

f. Total number of households per zip code. 

3. The DEL Data Custodians are: 

a. Joyce Kilmer, or her successor, ECEAP Administrator. 

b. Jennifer Jennings-Shaffer, or her successor, Head Start State 

Collaboration Office Project Manager

ECEAP-Head Start Data Share - Snohomish County

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