INTERNAL DATA SHARING AGREEMENT.PDF

INTERNAL DATA SHARING AGREEMENT
This Internal Data Sharing Agreement (the “Agreement”) will become final and effective on the date of
the final signature, by and between Maricopa County administered by the Maricopa County Workforce
Development Board (“Public Official”) and MAXIMUS Human Services, Inc. for Arizona@Work Maricopa
County One-Stop Operator (“Agent”). Public Official and Agent are referred to herein together as the
“parties” and individually as “party.”
RECITALS
Arizona Department of Economic Security (“AZDES”) Unemployment Insurance program (“UI”) discloses
certain confidential Unemployment Compensation (“UC”) information to Maricopa County Workforce
Development Board (WDB). WDB is a Local Workforce Development Board and is recognized therefore as
a public official under the meaning described in 20 C.F.R. §603.2. WDB is authorized to receive
confidential UC information from UI pursuant to 20 C.F.R. §603.5(e).
WDB desires to share confidential UC information with Agent to carry out the functions of One-Stop
Operator under the Workforce Innovation and Opportunity Act and Maricopa County Contract Serial 171197 RFP C-
73-17-043-3-00 between the parties (the “Contract”). WDB designates Agent as WDB’s agent authorized to
access and receive confidential Unemployment Compensation (UC) information for the purposes stated
herein.
TERMS AND CONDITIONS
In exchange for the promises set forth herein and for other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. The term “confidential UC information” means any information in the records of a State or State
UC agency (i.e. UI) that pertains to the administration of the State UC law. This term includes State
wage reports collected under the Income and Eligibility Verification System (IEVS) that are
obtained by the State UC agency for determining UC monetary eligibility or are downloaded to
the State UC agency’s files as a result of a cross match but does not otherwise include those wage
reports. The term does not include information in a State’s Directory of New Hires, but does
include any such information that has been disclosed to the State unemployment agency for use
in the UC program. It also does not include the personnel or fiscal information of a State UC
agency.
2. Purpose and duties. WDB may disclose or authorize access to confidential UC information in the
form of quarterly wage data stored within the Arizona Job Connection (AJC) Internet application.
This will include actual amount earned (in dollars) by quarter. The requested earnings include
three quarters prior to participation in the program(s) and up to five quarters after exiting from
the program(s) to the extent the wages are available. The information will be made available to
Agent for use in performance of Agents’ duties under this Agreement and which are consistent
with 20 C.F.R. §603.5(e). Agent’s duties shall be limited to roles and responsibilities listed in the
Maricopa County Contract Serial 171197 RFP (C-73-17-043-3-00). Confidential UC information
shared under this Agreement shall not be used for any purpose other than those described in this
Agreement.
3. Confidentiality. To maintain the security of confidential UC information consistent with the
requirements of 20 C.F.R. §§ 603.9 and 603.10, Agent agrees Agent will:
a. Use the disclosed confidential UC information only for purpose authorized by law as
needed to perform the legitimate duties of One-Stop Operator, consistent with this
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Agreement.
b. Appropriately safeguard confidential UC information.
c. Store confidential UC information in a place physically secure from access by
unauthorized persons, including storing confidential UC information maintained in
electronic format in such a way that it is reasonably secure from access by unauthorized
persons.
d. Use appropriate security measures and undertake precautions to ensure that only
authorized Agent personnel are given access to confidential UC information.
e. Ensure confidential UC information is disclosed only to those with a need to access it for
purposes listed in this Agreement or any other applicable agreement between xxx and
AZDES, or if required by law.
f. Instruct all Agent’s personnel with access to confidential UC information about the
confidentiality requirements of 20 C.F.R. Part 603, Subpart B, and the sanctions specified
by Arizona law for unauthorized disclosure of information. See A.R.S. §23‐722.01(G) (civil
penalty of $1,000 for unauthorized disclosure of confidential UC information).
g. Dispose of confidential UC information after its purpose is served by either returning the
confidential UC information to AZDES or destroying the confidential UC information
consistent with the records retention schedules required by law. Disposal includes
deletion of personal identifiers by AZDES in lieu of destruction.
h. Maintain a system sufficient to allow AZDES, the U.S. Department of Labor, or any other
authorized entity, to perform an audit of compliance with the requirements of 20 C.F.R.
Part 603.9(b)(1)(vii)
i. Comply with on-site inspections by AZDES, the U.S. Department of Labor, or the Public
Official to assure that the requirements of the State's law and the agreement or contract
required by this section are being met per 20 C.F.R. 603.10 (b)(vi)
4. Term. The term of this Agreement shall be the same as the term of the “Arizona@Work Maricopa
County One-Stop Operator Agreement Serial #17119/C-73-17-043-3-00” between Maricopa County
and Maximus through June 30, 2018 with the option to renew on an annual basis for a maximus of
3 - 1 year terms unless earlier terminated in accordance with this Agreement.
5. Termination. This Agreement shall terminate immediately upon any violation by Agent of the
confidentiality and nondisclosure provisions herein. Public Official may terminate this
Agreement at its sole discretion, at any time, through written notice to Agent.
6. Choice of law. This Agreement shall be constructed under the laws of the State of Arizona,
notwithstanding any conflict of law principles
7. This Agreement is subject to A.R.S. §38-511.
8. Notices shall be provided to the following :
For MAXIMUS One-Stop Operator: Workforce Development Board:
Ira J Rothman, Sr. VP – Privacy Official Patricia Wallace, Executive Director
625 Coolidge Drive, Suite 100 234 North Central, 3rd floor
Folsom, CA 95630 Phoenix, AZ 85004
Office: 916.673.4152 602-506-4146/602-881-8751
Mobile: 916.508.0988 WALLACEP001@mail.maricopa.gov
irarothman@maximus.com
with a copy to:
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PrivacyOfficial@maximus.com
charlesksweeney@maximus.com
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above written.
PUBLIC OFFICIAL: MARICOPA COUNTY AGENT: MAXIMUS HUMAN SERVICES, INC.
By By
Name: Denny Barney Name: Charles K. Sweeney II
Title: Chairman, Board of Supervisors Title: Vice President, Contracts
Date: Date:
Attested to:
By:
Clerk, Board of Supervisors Date
Approved as to Form:
By ________________________________
Attorney for the Board of Supervisors
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