INTERNAL DATA SHARING AGREEMENT WITH CHICANOS POR LA CAUSA.PDF
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INTERNAL DATA SHARING AGREEMENT This Internal Data Sharing Agreement (the “Agreement”) is between Maricopa County administered by its Human Services Department (“Public Official”) and Chicanos Por La Causa Inc. (“Agent”). Public Official and Agent collectively are referred to in this Agreement as the “Parties.” RECITALS Arizona Department of Economic Security (“AZDES”) Unemployment Insurance program (“UI”) discloses certain confidential Unemployment Compensation (“UC”) information to Public Official. Public Official is a Local Workforce Development Area and is recognized therefore as a public official under the meaning described in 20 C.F.R. § 603.2 (d), (f), or (g). Public Official is authorized to receive confidential UC information from UI pursuant to 20 C.F.R. § 603.5(e). Public Official desires to share confidential UC information with Agent to carry out the functions of a Youth Program Service Provider under Workforce Innovation and Opportunity Act (WIOA) The Public Official designates the Agent as Public Official’s agent authorized to access and receive confidential UC information for the purposes stated in this Agreement. TERMS AND CONDITIONS In exchange for the promises set forth in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties 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 crossmatch 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. Public Official may disclose to Agent or authorize Agent to access confidential UC information from or in the following sources (See generally 20 C.F.R. §§ 603.5 and 603.9 and A.R.S. §§ 23-722, 23-722.04, and 41-1959) (Check as applicable): 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. UC or UI wage data already in the possession of Public Official that pertains to a client receiving services or other WIOA-related assistance from Agent. Such re-disclosure is permitted by 20 C.F.R. 603.9(c). UC information from the mainframe application GUIDE, as authorized in the data-sharing agreement between AZDES/Division of Employment and Rehabilitation Services and Public Official. Such direct access by Agent is authorized by 20 C.F.R. 603.5(f) for the following purpose(s): entering program participants’ data as it pertains to Youth program service elements. The information will be made available to Agent for use in performance of Agent’s duties under this Agreement and which are consistent with 20 C.F.R. §603.5(e), (f). Agent’s duties shall be limited to entering program participants’ case notes, progress and performance data. Confidential UC information shared under this Agreement shall not be used for any purposes 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 confidential UC information obtained under this Agreement only for purpose(s) authorized by law as needed to perform the legitimate duties of Public Official, consistent with this 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 Public Official 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. § 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 Data‐Sharing Agreement Number 175546 between AZDES Division of Employment and Rehabilitation Services and the Public Official 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 in this Agreement. 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 shall be effective on the date of final approval and signature by the Parties. IN WITNESS, the Parties have executed this Agreement. PUBLIC OFFICIAL: MARICOPA COUNTY AGENT: CHICANOS POR LA CAUSA By By Name: Clint Hickman Name: Title: Chairman, Board of Supervisors Title: Date: Date: