Statewide Information Sharing Agreement
Information Sharing

This section contains a sample draft Statewide Information Sharing Agreement which, when executed, will provide authority for local workforce development system partners to enter into local agreements to share information to assist in providing employment and training services. 

INTERAGENCY AGREEMENT FOR EXCHANGE
OF CONFIDENTIAL INFORMATION BETWEEN

THE OHIO DEPARTMENT OF JOB AND FAMILY SERVICES
THE OHIO DEPARTMENT OF EDUCATION
THE OHIO DEPARTMENT OF AGING
THE OHIO DEPARTMENT OF DEVELOPMENT
THE OHIO BOARD OF REGENTS
AND
THE OHIO REHABILITATION SERVICES COMMISSION

1. PURPOSE 

This agreement is entered into this date, by and between the above mentioned agencies (parties) comprising the "Ohio Workforce Development System. " The purpose of this agreement is to provide authority under which the workforce development system partner agencies may disclose or exchange information to assist in providing employment and training services through the programs identified in Addendum A. 

It is the intention of the parties that information sharing agreements will be developed to specifically identify the local workforce development system partners and define the information to be shared and the method to be used in sharing information.

2. JOINT RESPONSIBILITIES OF THE PARTIES

1. The parties shall permit and encourage the sharing of information held by each party with the other parties, designated program grantees and sub-contractors for the purpose of administering the Workforce Development System in compliance with this agreement. This sharing of information shall be subject to state and federal laws regarding the release of information.
   

2. The parties shall participate in the development, testing and operation of information systems to be used to share information pursuant to this agreement.
   
   

3. The parties, designated program grantees or sub-contractors shall be held jointly and severally responsible to comply with any requirements set out in state and federal law related to the release of any specific type of information by that party, designated program grantees or sub-contractor. These requirements may include but are not limited to notification of the individual of the release of information, informed and expressed consent or revocation of informed and expressed consent.
   
   

4. No party, designated program grantee or sub-contractor may deny Workforce development system services to any individual, solely, because that individual declines to allow the release of information to a party, designated program grantee or sub-contractor.
   
   

5. No party, designated program grantee or sub-contractor may release any information secured through this agreement to a third party except as permitted under this agreement.
   
   

6. The parties will establish internal management systems, protocols and procedures to help assure that information sharing activities by parties, designated program grantees or sub-contractors are in compliance with this agreement.
   
   

7. The parties, designated program grantees and sub-contractors shall safeguard information received pursuant to this agreement as follows: 

1. Access to information received through the Workforce Development System will be restricted to only those authorized employees and officials who need it to perform their official duties related to the purposes of the Workforce Development System as set out in Article I of this agreement.
   
   

2. The parties shall provide each other with a listing of all officials employed by a party with authority (by position) to request automated system access to confidential information under this agreement. All designated program grantees and sub-contractors shall make available to the Ohio Department of Job and Family Services a listing of persons with authority (by position) to request system access under this agreement.
   
   

3. Any records or information received through the Workforce Development System under this agreement will be stored in an area that is physically safe from access by unauthorized persons during duty hours as well as non-duty hours.
   
   

4. The maintenance of records of the information requested and received pursuant to this agreement will be supervised only by authorized personnel in a manner which will protect the confidentiality of the records, and in such a way that unauthorized persons cannot retrieve such records by means of computer, remote terminal or other means.
   
   

5. All personnel who will have access to the records of information requested and received shall be advised of the confidential nature of the information, the safeguards required to protect the information and the civil and criminal sanctions for noncompliance contained in applicable state and federal laws.
   
   

6. Each party shall permit authorized representatives from any other party to make onsite inspections to ensure that the requirements of state and federal law, regulations, rules and this agreement are being met.

8. The parties agree to the following limitations on the access to, disclosure and use of, the information provided through the Workforce Development System. The parties agree that these limitations will also be applied to designated program grantees and sub-contractors through subsequent written agreements. 

8. The information supplied through the Workforce Development System and the records created from such information shall be used only for the purposes specified in Article I of this agreement. However, the records and information may not be released if release is prohibited by state or federal law.
   
   

9. The information provided through the Workforce Development System will not be duplicated or disseminated except as provided by this agreement. Such duplication or dissemination shall not be allowed unless the re-disclosure is permitted by applicable state or federal law.
   
   

10. Re-disclosure of information received by the parties, pursuant to this agreement, through the Workforce Development System is strictly prohibited unless prior written approval is obtained from the agency from which the information was obtained.
    
    

11. The parties, designated program grantees and sub-contractors receiving information, pursuant to this agreement, through the Workforce Development System shall not re-disclose said information except as provided in this agreement.
    
    

5. Information obtained through the Workforce Development System under this agreement shall not be used in any court in any action or proceeding therein, or be admissible in evidence in any action, unless such use is permitted by applicable state and/or federal law.

3. COMPENSATION 

The parties agree that they shall contribute funds and/or resources to effectuate this agreement. The amount of funds and/or resources will be determined at a later date through a separate agreement among the parties. 

4. GENERAL PROVISIONS

1. Effective Dates 

This agreement will become effective upon execution, and continue from year to year, subject to the termination provisions contained in this agreement. 

2. Termination by Notice

1. In the event changes in either state or federal law or regulations occur which render performance hereunder illegal, void, impracticable, or impossible, this agreement shall terminate immediately.
   
   

2. Any party may terminate this agreement without notice for failure by a party to comply with any provisions of paragraphs G or H of Article II of this agreement.
   
   

3. The parties agree that to the extent they have entered into other agreements which conflict with responsibilities hereunder, the conflicting provisions of such agreements shall be rendered of no effect upon the date of execution of this agreement unless the agreements were entered into in order to comply with state or federal law.

3. Breach and Default 

Upon breach or default of any of the provisions, obligations, or duties embodied in this agreement, the parties may exercise any administrative, contractual, equitable, or legal remedies available, without limitation. The waiver or any occurrence of breach or default is not waiver of such subsequent occurrences, and the parties retain the right to exercise all remedies mentioned herein.

4. Amendments 

This agreement may be modified or amended provided that any such modification or amendment is in writing and signed by the Superintendent of Public Instruction, Ohio Department of Education; the Director of the Ohio Department of Job and Family Services; the Director of the Ohio Department of Aging; the Director of the Ohio Department of Development; the Chancellor of the Ohio Board of Regents and the Administrator of the Rehabilitation Services Commission. It is agreed, however, that any amendments to laws, rules or regulations cited herein will result in the correlative modification of this agreement, without the necessity for executing a written amendment. 

5. Equal Employment Opportunity 

The parties agree that in the performance of this agreement, in the hiring of any employees for the performance of work under this agreement, or in designating grantees, the parties shall not, by reason of race, color, religion, sex, sexual preference, age, handicap, national origin, veteran's status, or ancestry, discriminate against any citizen of this state in the employment of a person qualified and available to perform the work to which the agreement relates. This provision of the agreement shall be included in any other agreement applying to designated grantees and shall be included in any sub-contract between designated grantees and sub-contractors. 

6. Compliance with Federal and State Laws, Rules and Regulations 

The parties agree to comply with all federal and state laws, rules and regulations, and auditing standards which are applicable to performance of this agreement. 

7. Partial Invalidity 

A judicial or administrative finding, order or decision that any part of this agreement is illegal or invalid shall not invalidate the remainder of the agreement.

8. Records Retention 

All records relating to work performed under this agreement shall be retained and made available for audit by the parties or their respective authorized representatives, the Auditor of State, Inspector General or duly authorized law enforcement officials, and agencies of the United States government for a minimum period of three years after such work is performed. If an audit is initiated during this time, the parties shall retain such records until the action is concluded and all issues resolved or until the expiration of the three years whichever is later. 

9. Audit Exceptions 

The parties each will be responsible for receiving, replying to, and arranging compliance with any exception found by any state or federal audit of this agreement. 

10. Resolutions of Disputes 

Through consensus or mediation, the parties agree that they shall seek to resolve any dispute between them concerning responsibilities under this agreement and performance of any of the terms of this agreement prior to termination of this agreement. 

11. Verification of Data 

Data available through the Workforce Development System is not guaranteed as to accuracy or currency by any of the parties under this agreement. 

12. OBM Certification 

This agreement is subject to Section 126.07 of the Ohio Revised Code, which provides, in part, that orders under this agreement shall not be valid and enforceable unless the Director of Budget and Management first certifies that there is a balance in the appropriation not already obligated to pay existing obligations. 

13. Entirety of Agreement 

All terms and conditions of this agreement are embodied herein. No other terms and conditions will be considered a part of this agreement unless expressly agreed upon in writing and signed by the parties.

IN WITNESS HERETO, THE PARTIES HAVE EXECUTED this agreement by their duly authorized officials:

Addendum A

Workforce Development System Participating Agency Programs 

Ohio Department of Job and Family Services
	Ohio Works First Unemployment Insurance Employment Service Workforce Investment Act (WIA) School-To-Work Labor Market Information One-Stop System
Ohio Department of Aging
	Senior Employment Program
Ohio Department of Development
	Ohio Industrial Training Program (OITP)
Ohio Department of Education
	Elementary - Career Development (Grades K-12) Middle and High School - Work and Family Studies (Grades 7-12) Middle and High School - Career-Based Intervention (Grades 7-12) High School - Workforce Development (Grades 7-12) Adult Workforce Development (Adult Education) Adult Basic Literacy Education (ABLE)
Ohio Board of Regents
	Higher Education
Ohio Rehabilitation Services Commission
	Vocational Rehabilitation