INTERAGENCY AGREEMENT FOR EXCHANGE
OF CONFIDENTIAL INFORMATION BETWEEN

THE NEW YORK STATE DEPARTMENT OF LABOR

AND

_____________________________________________

This agreement is entered into by and between the New York State Department of Labor ("the Department") and the ____________, a Local Workforce Investment Area One-Stop partner ("Partner") regarding the use of the One Stop Operating System(OSOS) owned and operated by the Department.

  1. PURPOSE

    The OSOS will serve as the New York State job bank/talent bank for employment and training services provided pursuant to the Workforce Investment Act (WIA). The OSOS is an automated approach designed to help states and Workforce Investment Boards (WIBs) effectively and efficiently meet the challenge of the WIA through on-line technologies. The OSOS software system assists individuals in job searches with an on-line resume writing capability that allows individuals to enter data. The system also has a case management component that identifies, schedules, manages and evaluates the delivery of services that support an individual in finding, and keeping, a job. The services range from day care and food stamps to training and other skill-building activities. The purpose of this agreement is to provide the authority under which the Partner may access and exchange information to assist in providing employment and training services through the One Stop Operating system (OSOS).

  2. RESPONSIBILITIES OF THE PARTNER

    1. The Department hereby authorizes the Partner to access information residing in the OSOS in furtherance of its authorized program activities. The Partner acknowledges and understands that individual customer information contained in the OSOS system is confidential and privileged and may only be disclosed to one-stop partners (set forth in section 121 of WIA) for the purpose of providing services pursuant to the WIA.

    2. The Partner shall ensure compliance with all applicable federal and state privacy laws and regulations governing this agreement and shall protect the rights of the individuals and businesses served by this system in accordance with such laws.

    3. The Partner shall only grant access to those one-stop partner employees that are administering services pursuant to the WIA. The Partner shall ensure that all personnel including its employees, agents and sub-contractors (hereinafter collectively referred to as "Employees") authorized to access the OSOS shall be fully advised of the confidential nature of the information contained therein, the safeguards required to protect the information, and the civil and criminal sanctions for noncompliance contained in applicable state and federal laws.

    4. The Partner shall require that its Employees authorized to access OSOS sign an individual access and confidentiality agreement prior to being granted access. Access shall be granted by issuance of a password. Employees shall not be permitted to disclose the password to any unauthorized users for any purpose.

    5. When an employee leaves the employment of the one-stop partner or no longer serves in an appropriate position, the Partner shall ensure that access shall be immediately terminated. Access to the OSOS system can also be terminated for any individual who violates any terms of this agreement. The Department shall be notified of any such termination immediately.

    6. The Partner will establish internal management systems, protocols, and security procedures to help ensure that information sharing activities by its Employees and one-stop partners are in compliance with this agreement.

    7. The Partner shall monitor the use of OSOS by Employees to ensure that the data and information is accessed and provided solely in accordance with authorized program activities and shall take appropriate remedial action for any unauthorized use.

    8. The Partner shall ensure that any records or information obtained from the OSOS will be stored in an area that is physically safe from access by unauthorized persons during duty hours as well as non-duty hours.

  3. GENERAL PROVISIONS

    1. This agreement will become effective upon execution, and continue during the Partner's participation in the one-stop operating system, subject to the termination provisions set forth below.

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

      2. In the event the Partner withdraws from participation in the One-Stop Center.

      3. For violating the terms of the OSOS Software License Agreement.

      4. For failure to comply with any provisions of this agreement.

    2. The Partner hereby agrees to hold the Department harmless from, and to indemnify the Department for , any and all claims, losses, expenses, and/or damages arising out of Partner's breach of this Agreement or other unauthorized use of the material not by way of limitation, Partner agrees that it will pay to the Department any costs of enforcing this Agreement (including reasonable attorney's fees), securing appropriate corrective action returning data or information furnished hereunder, as well as any and all charges to federal funds and any other costs incurred by the Department in enforcing the terms of this Agreement.

    3. The Department reserves the right to enter onto the premises to inspect the software, equipment and records of Partner to ensure that all of the terms of this Agreement are fully complied with, provided reasonable notice is given.

    4. This Agreement including any attachments hereto represents the entire Agreement between the parties and supercedes and replaces any other understandings or agreements, whether written or oral, relating generally to the subject matter.

    5. No modification of this Agreement will be effective unless it is in writing and fully executed by the parties hereto. Any failure to enforce a provision of this Agreement shall not be construed as a waiver of any succeeding breach of such provision or a waiver of the provision itself.

    6. This Agreement shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT BY THEIR DULY AUTHORIZED OFFICIALS:

 

_________________________________
New York State Department of Labor
______________________________
Partner
 
Date _____________________ Date _____________________