INTERAGENCY AGREEMENT For

Performance Reporting Information SysteM, or (PRISM)

This agreement is between the Employment Department, hereafter called Agency, and Department of Corrections, hereafter called Participating Agency.

Administrators of this agreement are: Participating Agency Administrator: Employment Department Administrator: 1. Effective Date and Duration

This agreement shall become effective on the date in which all parties have signed this Agreement, and unless earlier amended, terminated or extended, this agreement shall expire on June 30, 2005.

2. Purpose

Pursuant to ORS 657.734 Workforce performance measures system; rules. (1) The Employment

Department may establish a system for the purpose of collecting, analyzing and sharing statistical and demographic data for the development and reporting of the workforce system performance measures required by the federal Workforce Investment Act of 1998 (P.L. 105-220), and for Oregon's comprehensive workforce system-wide performance indicators. The performance measures system is intended to share the data, by agreement, with all Workforce Investment Act mandatory partners and one-stop delivery system partners. The performance measures system shall not contain data submitted exclusively for use in the Interagency Shared Information System.

(2) The Director of the Employment Department shall administer and, in consultation with the Education and Workforce Policy Advisor, shall oversee the development of the performance measures system. Mandatory and one-stop system partners, which may include state agencies, other governmental entities and private organizations, shall be designated as participants in the performance measures system by rule of the Employment Department, in consultation with the Education and Workforce Policy Advisor. Mandatory and one-stop system partners shall enter into an interagency or other applicable agreement with the Director of the Employment Department that:

(a) Establishes protocols for the collection and sharing of data in the system; (b) Establishes safeguards for protecting the confidentiality of data in the system;

(c) Includes provisions regarding informed consent for sharing information obtained from individuals; and

(d) Provides for the sharing of costs for maintaining the system.

3. Definitions

"System administrator" means the Employment Department staff designated by the Employment Department Director to administer the Performance Reporting Information System (PRISM).

"Workforce Investment Act" means the federal Workforce Investment Act of 1998 (Public Law 105-220). "Participants or Partners", as used in this Agreement, means Workforce Investment Act mandatory partners and other one-stop partners that may include public or private sector organizations, who provide information to PRISM. These partners include, but are not limited to:

1. Department of Community Colleges and Workforce Development; Title 1B, Title II, and Cark Perkins Post Secondary,

2. Department of Human Services: Children, Adults and Families, Vocational Rehabilitation Services, and Office of Mental Health and Addiction Services; and,

3. Employment Department; and, 4. Department of Corrections

4. Roles and Responsibilities.

Participating Agency under this Agreement shall:

1. Provide data in a format and according to protocols established by system administrator;

2. Designate one technical level staff to represent the Partner in the PRISM Data Elements Group; and, 3. Provide data that is accurate, time-appropriate and meets PRISM established timelines as defined by the

PRISM Steering Committee.

Employment Department, charged with administering PRISM, shall be responsible for the following

activities:

a. Provide local fiscal agent responsibilities for accounting, budgeting and personnel related tasks for the System;

b. Provide space and support for the necessary hardware used by PRISM; c. Provide leadership in discussions with the legislature regarding PRISM;

d. Limit access to detail data in the PRISM to those staff specifically tasked with implementing and supporting the PRISM; and

e. Establish safeguards to protect the confidentiality of data in the system.

This Interagency Agreement consists of the following document that is hereby incorporated by reference: Exhibit A — PRISM Operational Policies.

5. Consideration.

Participating Agencies with fiscal commitment to financially support PRISM:

The maximum not-to-exceed dollar amounts represented above may be reduced as new partners join PRISM as a Participating agency or entity.

The Employment Department will invoice current and future participants with fiscal commitments using one of the following schedules:

a. Once per biennium with participants making payment via revenue transfer or other acceptable method of payment, as coordinated with Agreement Administrator or designee, upon receipt of invoice; or b. Once per fiscal year for one half of biennial fiscal commitment with participants making payment via

revenue transfer or other acceptable method of payment, as coordinated with Agreement Administrator or designee, upon receipt of invoice.

Participants shall coordinate their choice of payment schedule and payment method with the Employment Department's Agreement Administrator or designee.

PARTICIPATING AGENCIES WITH FISCAL COMMITMENTS Biennial Revenue Transfer_{Amount Not-to-Exceed} Department of Community Colleges & Workforce Development:

Title 1B; Title II; and Carl Perkins Post Secondary $111,000.00 Department of Human Services: Children, Adults & Families;

Office of Vocational Rehabilitation Services; and, Office of Mental Health and Addiction Services

$111,000.00

Employment Department $111,000.00

Department of Corrections $6,617.00

6. Under Development

During 2003-05 and future biennia, PRISM staff shall work with Partner Agencies to develop and refine the system to provide the following items as resources allow:

a. Maintenance (including interim releases).

b. Remaining System Wide Performance Indicators proposed by the Performance Accountability Policy Workgroup (PAPOL) and agreed to by the Oregon Workforce Investment Board (OWIB)will be added to the production PRISM system as part of on-going maintenance.

7. Subcontracts.

Participants in the PRISM shall not enter into any subcontracts under this Interagency Agreement.

8. Amendments.

This Agreement may be amended. The terms of this Interagency Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever, except by written instrument signed by all parties.

9. Termination.

A. This Interagency Agreement may be terminated by mutual consent of all parties, or by any Participant upon two weeks notice (14 consecutive calendar days), in writing and delivered by certified mail or in person to the Employment Department (charged with administering the PRISM). B. Participating Agency may terminate their participation effective upon delivery of written

notice to the other party, under any of the following conditions:

1. If funding is not obtained and continued at levels sufficient to allow for purchase of the specified services. When possible, and when agreed upon, the Interagency Agreement. may be modified to accommodate a reduction in funds.

2. If federal or state regulations or guidelines are modified, changed or interpreted in such a way that the services are no longer allowable or appropriate under this Interagency Agreement, or are no longer eligible for the funding proposed for payments authorized by this Interagency Agreement.

Portions of funding contributions that have been made, as described in subsection 4. Consideration, of this Agreement may be refunded on a pro-rated basis to the terminating Participating Agency

depending upon circumstances of termination.

10. Access to Records.

The Employment Department, partner state agencies, the Oregon Secretary of State's Office, the Federal agencies that have oversight of participant programs and their duly authorized representatives shall have access to the books, documents, papers and records otherwise privileged under law that are directly pertinent to the specific agreement for the purpose of making audit, examination, excerpts and transcript.

11. Compliance With Applicable Laws.

Participants will comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to the Work under this Contract. Without limiting the generality of the foregoing, Contractor expressly agrees to comply with (I) Title VI of the Civil Rights Act of 1964; (ii) Section V of the

Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990 and ORS 659.425; (iv) all

regulations and administrative rules established pursuant to the foregoing laws; and (v) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.

Agency's performance under this Contract is conditioned upon Participant's compliance with the provisions of ORS 270.312, 279.314, 279.316, 270.320 and 279.555, which are incorporated by reference herein. Contractor will ensure that the language "equal opportunity employer/program" and "auxiliary aids and services are available upon request to individuals with disabilities" in English and Spanish appear on each work product. Contractor will ensure that it does not discriminate on the basis of any of the protections covered by the Workforce Investment Act (WIA) and described in 29 CFR part 37.

All parties shall also comply with Section 303 (a) (1) and 303 (a) (8) of the Social Security Act, USC 5 section 552a of the Privacy Act of 1974, ORS 657.665 and Chapter 524, Oregon Laws 2001 (SB 400), and Family Educational Rights and Privacy Act (FERPA) (20 USC Sec. 1232g).

12. Sensitive Information.

Except for information that is already a matter of public record, partners shall not publish or otherwise disclose, except to the Employment Department or as otherwise required by law, any information or data obtained hereunder from private individuals, organizations, or public agencies in a publication wherein the information or data furnished by or about any particular person or employing entity can be identified, except with the written consent of such person or establishment. Information concerning the business of the Employment Department, its financial affairs, and its relations with its clients and employees, as well as any other information that may be specifically classified as confidential by the Employment

Department, shall be kept confidential. Partners shall ensure that they take necessary provisions to keep such information confidential.

Mandatory and One-Stop system partners shall not allow public access to information received from the system that identifies a particular individual unless required by law. Mandatory and One-Stop system partners shall refuse to disclose aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed.

13. Merger Clause.

This Interagency Agreement constitutes the entire Interagency Agreement among the parties. No waiver, consent, modification or change of terms of this Interagency Agreement shall bind any of the parties unless in writing and signed by all parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Interagency Agreement. Each Partner Agency, by the signature below of its authorized representative, hereby acknowledges that s/he has read this Interagency Agreement, understands it and agrees to be bound by its terms and conditions.

D. Operational Policies for Oregon’s Shared Information System

EXHIBIT A

PRISM OPERATIONAL POLICIES