HomeMy WebLinkAbout20091682.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SUSTAINABLE MANUFACTURING SECTOR PLANNING
GRANT AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC
DEVELOPMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Sustainable
Manufacturing Sector Planning Grant between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, Employment Services of Weld County, and Upstate Colorado Economic
Development, commencing upon full execution, and ending November 30, 2009, with further terms
and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for the Sustainable Manufacturing Sector Planning Grant
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, Employment
Services of Weld County, and Upstate Colorado Economic Development, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2009-1682
00 C i ey_cEs� Cl Woct HR0080
RE: AGREEMENT FOR SUSTAINABLE MANUFACTURING SECTOR PLANNING GRANT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of July, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY:
AP
Deputy Cler to the Board
County Attorney
Date of signature
//
David E. Long
BOARD OF COUNTY COMMISSIONERS
W LD T1#' OLORADO
illiam F. Garcia, Chair
ugl de h .,Pro --T m
ugt ade acher, Pro-Tem
arlaa Kirkmeyer
2009-1682
HR0080
COLORADO
MEMORANDUM
DATE: July 16, 2009
TO: William F. Garcia, Chair, Board of C unt Co is ers
,v,t0/7-
FROM: Judy A. Griego, Director, Human icedepartm j t
RE: Agreement between the Weld County Department of
Human Services and Upstate Colorado Economic
Development for the Sustainable Manufacturing Sector
Planning Grant
Enclosed for Board approval is an Agreement between Weld County Department of Human
Services and Upstate Colorado Economic Development for the Sustainable Manufacturing
Sector Planning Grant. This Agreement was presented at the Board's July 14, 2009, Work
Session.
The purpose of this Agreement is to utilize Upstate Northern Colorado and Brighton
Economic Development as co -conveners to accomplish the scope of services in the planning
grant. The Agreement identifies that Sector grant funds up to a maximum amount of
$75,000.00 will be reimbursed to Upstate Colorado for costs incurred in the accomplishment
of the scope of services outlined in the Agreement. Additionally, the Agreement specifies that
$6,000 of PY 07 WIA 10% Data Mining funds will be provided to Upstate Colorado to
purchase a license for economic modeling data to support the sector approach.
If you have any questions, please feel free to telephone me at ext. 6510.
2009-1682
AGREEMENT
SUSTAINABLE MANUFACTURING SECTOR PLANING GRANT
AGREEMENT FOR SERVICES BETWEEN UPSTATE COLORADO ECONOMIC DEVELOPMENT AND
THE BOARD OF WELD COUNTY COMMISSIONERS, WELD COUNTY, COLORADO FOR WELD AND
ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES
This AGREEMENT made and entered into this,J , day of June, 2009, by and between the
County of Weld, a political subdivision of the State of Coorado, by and through the Board of County
Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services,
Division of Employment Services of Weld County, hereinafter referred to as "Employment Services" and
Upstate Colorado Economic Development, hereinafter referred to as "UPSTATE COLORADO".
WITNESSETH
WHEREAS, Employment Services and the Weld County Workforce Development Board
determined it appropriate and advisable to collaborate in a Sector Planning Grant initiative designed to
explore and identify the needs of employers in the Sustainable Manufacturing Sector; and
WHEREAS, Employment Services, the Weld County Workforce Development Board, UPSTATE
COLORADO and Brighton Economic Development Corporation collaborated on the development and
submission of a Sector Planning Grant proposal to analyze the multi -industry skills and the technical
qualifications of the manufacturing sectors, identify gaps in education and educational resources, map the
assets available to meet employer needs and requirements, and develop strategies to align or develop
new programs and resources to facilitate growth of the sustainable manufacturing sector in Weld and
Adams Counties; and
WHEREAS, UPSTATE COLORADO and Brighton Economic Development Corporation have
agreed to act as co -conveners in the implementation of the sector planning grant; and
WHEREAS, the Sector Planning Grant for Sustainable Manufacturing was funded and monies
have been made available to conduct start-up efforts to launch sector based initiatives and support the
activities of the co -conveners to implement the goals and objectives of the sector planning initiative; and
WHEREAS, a Leadership Team comprised of members of the Weld and Adams County
Workforce Regions to include the region Directors and Workforce Board members; UPSTATE
COLORADO; Brighton Economic Development Corporation; Southwest Weld Economic Development
Initiative; Adams County Economic Development; Aims Community College; and Front Range Community
College will provide direction and oversee the implementation of the Sector Planning Grant; and
WHEREAS, Employment Services and UPSTATE COLORADO desire to enter into this
agreement to implement and support the efforts of the Sector Planning Grant and other sector initiative
efforts,
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
Agreement for Services:
A. UPSTATE COLORADO agrees to partner with Brighton Economic Development
Corporation to act as co -conveners for the Sector Planning initiative and to conduct an
analysis of the identified industry sector and meet the objectives identified.
B. Employment Services will contract with UPSTATE COLORADO to act as the co -
convener for an amount up to $75,000.00 (as reimbursement for costs incurred).
Payment will be made by Employment Services of Weld County within 30 days of receipt
of the invoices for costs incurred, as identified in Section II.
C. Employment Services will reimburse UPSTATE COLORADO up to $6,000.00 to
purchase a license to Chmura Economics and Analysis JobsEQ® A La Carte Reports for
use in economic analysis and to provide reports to Employment Services as requested to
support sector initiatives which needs to be completed by October 31, 2009.
II. Sub -Recipient Agreement — Terms and Conditions:
A. Term.
This Agreement shall be effective June , 2009, upon proper execution of this
Agreement, and will expire November 30, 2009.
B. Funding.
The sum of $75,000.00 passed through Employment Services and funded under
Catalogue of Federal Domestic Assistance numbers 17.258 and 17.259.
2. The sum of $6,000.00 passed through Employment Services and funded under
Catalogue of Federal Domestic Assistance numbers 17.259.
C. Scope of Services
In its capacity as a co -convener with Brighton Economic Development Corporation,
UPSTATE COLORADO shall develop, provide, and accomplish the following during the
term of this Agreement:
1. Analyze the multi -industry skills and the technical qualifications of the
manufacturing sectors.
2. Identify gaps in education and educational resources.
3. Map the assets available to meet employer needs and requirements.
Develop strategies to align resources, and/or develop new programs and
resources to facilitate growth of the Sustainable Manufacturing Sector.
5. Convene the leadership team to review the project at least monthly during the
term of this Agreement.
To accomplish the tasks noted above, UPSTATE COLORADO in conjunction with
Brighton Economic Development Corporation will facilitate the following:
Conduct research on the industry sector to determine the super regions employer
base and identify specific employers;
Identify employer needs (skills) based on conducting 5-10 evaluation meetings
and where employers will be asked to project their area sector needs in for a 1
year, 3/5 year, and long term basis;
Expand direct industry participation in the planning process and conduct up to 20
industry sector interviews with employers and/or industry associations to define
industries, employers, and skill requirements;
Identify with employers and industry association input, any barriers to industry
and employment growth, i.e., ISO standards, certifications, etc.;
• Develop a preliminary gap analysis and asset map in preparation for the
implementation phase of the sector initiative;
• Develop strategies to address employer needs to facilitate industry growth in the
implementation phase; and
• Assist in the development of a Draft Implementation plan to include; a Problem
Statement, Industry and Region focus, commitment (MOU), work plan and
sustainability plan, benchmarks for success, and budget.
Targeted timelines identified to accomplish tasks and objectives:
Month
June -July 09
July - August 09
August - September 09
September - October 09
October - November 09
November 09
D. Cost Reimbursement.
Tasks and Objectives
Administration
• Establish Sector Organization
• Convene Leadership Team
• Technical Assistance Needs
Conduct Industry Sector Research
Initiate Evaluation Meetings
Preliminary Analysis of Sector Needs
Initiate Employer Interviews
• Development of Interview Instrument
Identify Industry Barriers and Gaps
• Additional Industry Sector Research
Complete Employer Interviews
Develop preliminary Gap Analysis
Asset Mapping
Develop Strategies
Draft Implementation Plan
Finalize Implementation Plan
Employment Services agrees to pay UPSTATE COLORADO, on a cost
reimbursement basis, up to $75,000.00 for expenses incurred concerning the
Scope of Services outlined in this Agreement and with acting as the co -convener
with Brighton Economic Development Corporation under the Sustainable
Manufacturing Sector Planning grant; and up to $6,000.00 for costs of
purchasing the license for the Ohmura Economics and Analysis JobsEQ® A La
Carte Reports.
2. UPSTATE COLORADO and agrees to provide $10,000.00 in in -kind funds during
the term of this Agreement to support this project,
E. Payment Schedule.
Payment will be made on a cost reimbursement basis only and will require the
submission of invoices by UPSTATE COLORADO with exhibits of products
produced as appropriate and as defined in the Scope of Services, above.
Reimbursement of costs incurred pursuant to this Agreement is expressly
contingent upon the availability of Sector Planning Grant funding provided to
Employment Services. Employment Services shall not be billed for and
reimbursement shall not be paid for, time involved in activities outside of those
defined in this Agreement. Work performed prior to the execution of this
Agreement shall not be reimbursed or considered part of this Agreement.
2. UPSTATE COLORADO agrees to invoice Employment Services at the following
address for costs incurred and document and report on leveraged in -kind funds
at least on a quarterly basis:
Employment Services of Weld County
PO Box 1805
ATTN: Linda Perez
Greeley, CO 80632
3. Employment Services agrees to comply with the administrative requirements set
forth in the Financial Management Manual adopted by the State of Colorado, and
to pay UPSTATE COLORADO at the following address within 30 days of date of
invoice:
UPSTATE COLORADO
Attn: Larry Burkhardt
822 Seventh Street, Suite 550
Greeley, CO 80631
F. Financial Management.
At all times from the effective date of this Agreement until completion of this
Agreement, UPSTATE COLORADO shall comply with the administrative
requirements, cost principles and other requirements set forth in the Financial
Management Manual adopted by the State of Colorado. The required annual
audit of all funds expended under General Assistance must conform to the Single
Audit Act of 1984 and the OMB Circular A-133.
2. Employment Services may withhold any payment if UPSTATE COLORADO has
failed to comply with the Financial Management Requirement, program
objectives, contractual terms, or reporting requirements.
G. Assurances.
1. UPSTATE COLORADO shall abide by all assurances set forth in the attached
Exhibit A, which is attached hereto and incorporated herein by reference.
H. Compliance with Applicable Laws.
1. At all times during the performance of this of this Agreement, UPSTATE
COLORADO shall strictly adhere to all applicable federal and state laws, orders,
and all applicable standards, regulations, interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all
applicant/recipient records, papers, documents, tapes and any other materials
that have been or may hereafter be established which relate to this Agreement.
2. UPSTATE COLORADO acknowledges that the performance pursuant to this
Agreement shall comply with the following laws:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1
et,seci. and its implementing regulation, 45 C.F.R. Part 80 et.secy
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794,
and its implementing regulations, 45 C.F.R. Part 84;
The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et.seq.
and its implementation regulation, 45 C.F.R. Part 91;
Title VII of the Civil Rights Act of 1964;
The Age Discrimination in Employment Act of 1967;
The Equal Pay Act of 1964;
Immigration Reform and Control Act of 1986, P.L. 99-603; and all
regulations applicable to these laws prohibiting discrimination because of
race, color, national origin and sex, religion and handicap, including
Acquired Immune Deficiency Syndrome (AIDS) or Aids related
conditions, covered under Section 504 of the Rehabilitation Act of 1973,
as amended, cited above.
3. Any person who feels that s/he has been discriminated against has the right to
file a complaint either with the Colorado Department of Labor and Employment,
Office of Civil Rights.
Certifications.
UPSTATE COLORADO certifies that, at the time of entering into this Agreement,
it has currently in effect all necessary licenses, approvals, insurance, etc.,
required to properly provide the services and/or supplies covered by this
Agreement.
J. Monitoring and Evaluation.
1. UPSTATE COLORADO and Employment Services agree that evaluation of the
performance of this Agreement shall be conducted jointly by UPSTATE
COLORADO and Employment Services. The results of the evaluation shall be
provided to the Board of County Commissioners of Weld County.
2. UPSTATE COLORADO shall permit Employment Services and any other duly
authorized agent or governmental agency, to monitor all activities conducted by
UPSTATE COLORADO pursuant to the terms of this Agreement. Employment
Services may it its sole discretion examine program data, and perform special
analyses, on -site checking, formal audit examinations, or engage in any other
reasonable procedures. All such monitoring shall be performed in a manner that
will not unduly interfere with work covered by this Agreement. The results of the
monitoring activities shall be provided to the Board of County Commissioners of
Weld County.
K. Modification of Agreement.
1. All modifications to this Agreement shall be in writing and signed by both parties.
2. The Division Head of Employment Services or designee may exercise remedial
actions at any time during the term of this Agreement should s/he find that
UPSTATE COLORADO substantially failed to satisfy the scope of work found in
this Agreement. Substantial failure to satisfy the scope of work shall be defined
to mean incorrect or improper activities or inaction by UPSTATE COLORADO.
These remedial actions include the following:
a. Withhold payment to UPSTATE COLORADO until the necessary
services or corrections in performance are satisfactorily completed.
b. Deny payment or recover reimbursement for those services or
deliverables which have not been performed and which, due to
circumstances caused by UPSTATE COLORADO, cannot be performed
or if performed would be of no value to Employment Services. Denial of
the amount of payment shall be reasonably related to the amount of work
or deliverables lost to Employment Services.
c. Incorrect payment to UPSTATE COLORADO due to omission, error,
fraud, and/or defalcation shall be recovered from UPSTATE
COLORADO by deduction from subsequent payments under this
Agreement or other agreements between Employment Services and
UPSTATE COLORADO, or shall be collected by Employment Services
as a debt due to Employment Services, or otherwise as provided by law.
L. Representatives.
1. For the purpose of this Agreement, the individuals identified below are hereby
designated representatives of the respective parties. Either party may from time
to time designate in writing a new or substitute representative.
a. Larry Burkhardt, UPSTATE COLORADO.
b. Linda L. Perez, Employment Services of Weld County.
M. Notice.
All notices required to be given by the parties hereunder shall be given by
certified or registered mail to the individuals at the addresses set forth below.
Either party may from time to time designate in writing a substitute person(s) or
address to whom such notices shall be sent.
a. Larry Burkhardt, UPSTATE COLORADO
822 Seventh Street, Suite 550
Greeley, CO 80631
b. Linda L. Perez, Employment Services of Weld County
PO Box 1805
ATTN: Linda Perez
Greeley, CO 80632
N. Litigation.
1. UPSTATE COLORADO shall promptly notify Employment Services in the event
UPSTATE COLORADO learns of any actual litigation in which it is a party
defendant in a case, which involves services provided under this agreement.
UPSTATE COLORADO shall, within five (5) calendar days after being served
with a summons, complaint, or other pleading which has been filed in any federal
or state court or administrative agency, deliver copies of such documents(s) to
the Employment Services Division Head. The term "litigation" includes an
assignment for the benefit of creditors, and filings in bankruptcy, reorganization
and/or foreclosure, as well as any other legal action filed in any state or federal
court or administrative body.
0. Termination
This agreement may be terminated any time by either party given thirty (30) days written
notice and is subject to the availability of funding.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement with all
attachments hereto of Exhibit A, constitutes the entire understanding between the parties with respect to
the subject matter hereof, and may not be changed or modified except as stated in Paragraph 1.K.,
herein.
AGREEp TO,AtJ IA ' C ' P,,;jnip DAY OF June, 2009.
ATTEST:
Weld County Clerk to the Bo
Deputy Clerk t he Board
APPROVED AS TO SUBSTANCE:-
J�Griego, 'rector
W Id County epartrxent of Human Services
APPROVED AS TO SUBSTANCE:
da Perez, Division Hea
Employment Service eld County
BOARD OF COUNTY COMMISSIONERS
OF WELD COUAITa;,COLORADO
p
William F. Garcia, Chair JUL 2 0 2r
APPROVED AS TO SUBSTANCE:
Larry Buryrhardt, President/CEO
Upstate olorado Economic Development
'.QCc 2 - /4 J'd
EXHIBIT A
ASSURANCES
UPSTATE COLORADO agrees it is an Independent Contractor and further agrees that its officers,
employees, volunteers and/or agents shall not become employees of Weld County, nor shall they be
entitled to any employee benefits as Weld County employees, as the result of the execution of this
Agreement.
2 Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not
be held liable for injuries or damages caused by any negligent acts or omissions of UPSTATE
COLORADO or its employees, volunteers, or agents while performing duties as described in this
Agreement. UPSTATE COLORADO shall indemnify, defend and hold harmless Weld County, the
Board of County Commissioners of Weld County, its employees, volunteers and agents against any and
all claims arising from actions taken by UPSTATE COLORADO, its officers, employees, volunteers,
and/or agents during the term of this Agreement. UPSTATE COLORADO shall provide adequate
liability and worker's compensation insurance for all its officers, employees, volunteers and agents
engaged in the performance of the Agreement upon request, UPSTATE COLORADO shall provide
Employment Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunity the parties or their
officers or employees may posses, nor shall any portion of this Agreement be deemed to have created
a duty of care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement shall be deemed to create an obligation on the part of the County of Weld,
State of Colorado, to expend funds not otherwise appropriated.
5. If any section, subsections, paragraph, sentence, clause or phrase of this Agreement is for any reason
held or decided to be unconstitutional or otherwise unenforceable, such decision shall not affect the
validity of the remaining portions. The parties hereto declare they would have entered into this
Agreement and each and every section, subsection, paragraph, sentence, clause and phase thereof
irrespective of the fact any one or more sections, subsections, paragraphs, sentences, clauses or
phrases might be declared to be unconstitutional or invalid.
6. No officer, member or employee of Weld County and no member of their governing bodies shall have
any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof.
7. UPSTATE COLORADO assures sufficient, auditable and otherwise adequate records which will provide
accurate, current, separate and complete disclosure of the status of the funds received under the
Agreement shall be maintained for four (4) years following the termination of this Agreement and shall
remain available through the completion and resolution of an audit which may be commenced prior to
the expiration of the three year period. Such records shall be sufficient to allow authorized local,
Federal and State auditors and representatives to audit and monitor UPSTATE COLORADO.
8. All records, documents, communications and other materials associated with this Agreement shall be
the property of Employment Services and shall be maintained by Employment Services in a central
location, either by UPSTATE COLORADO, or by a custodian on behalf of Employment Services, for a
period of four (4) years from date of final payment under this Agreement, or for such further period as
may be necessary to resolve any matters which may be pending, or until an audit has been completed
with the following qualification: If an audit by or on behalf of the federal and/or state government has
begun, but is not completed at the end of the four (4) year period, or if audit findings have not been
resolved after a four (4) year period the materials shall be retained until the resolution of the audit
finding.
9. UPSTATE COLORADO assures authorized local, federal and state auditors and representatives shall,
during business hours, have access to inspect and copy records and Employment Services shall be
allowed to monitor and review on -site visits, and all contract activities supported with funds under this
Agreement to ensure compliance with the terms of this Agreement.
10. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representative
and assigns. UPSTATE COLORADO may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
11. UPSTATE COLORADO certifies federal appropriated funds have not been paid or will be paid, by or on
behalf of UPSTATE COLORADO to any person for the purpose of influencing or attempting to influence
an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering into of any cooperative agreement and
the extension, continuation, renewal, amendment or modification of any federal contract, loan, grant or
cooperative agreement.
12. UPSTATE COLORADO assures it will fully comply with the regulations promulgated and all other
applicable federal and state laws, rules and regulations. UPSTATE COLORADO understands the
sources of funds used under this Agreement are from a Sector Planning grant funded by the Colorado
Department of Labor and Employment.
13. UPSTATE COLORADO assures and certifies that the organization and its principals:
a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or
voluntarily excluded from covered transactions by a federal department or agency.
b. Have not, within a three-year period of preceding this Agreement, been convicted of or had a
civil judgment against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain or performing a public (federal, state or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements or receiving stolen property.
c. Are not presently indicted or otherwise criminally or civilly charged by a government entity
(federal, state or local) with commission of any of the offenses enumerated in paragraph 11 (b)
of these Assurances; and
d. Have not within a three-year period preceding this Agreement, had one or more public
transactions (federal, state or local) terminated for cause or default.
15. During the term of the Agreement, UPSTATE COLORADO shall not enter any third party relationship
that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of
a conflict of interest situation, UPSTATE COLORADO shall submit to Employment Services, a full
disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure
to promptly submit a disclosure statement required by this paragraph shall constitute grounds for
Employment Services' termination, for cause, of with UPSTATE COLORADO. The appearance of
Conflict of Interest applies to the relationship of UPSTATE COLORADO with Employment Services
when UPSTATE COLORADO also maintains a relationship with a third party and the two relationships
are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for
UPSTATE COLORADO to gain from knowledge of these opposing interests. It is only necessary that
UPSTATE COLORADO know the two relationships are in opposition.
16. To the extent allowed by law, UPSTATE COLORADO shall protect the confidentiality of all applicant
records and other materials maintained in accordance with this Agreement. No information about or
obtained from any applicant/recipient or a minor's parent or guardian. UPSTATE COLORADO shall
have written policies governing access to, duplication and dissemination of, all such information.
UPSTATE COLORADO shall advise its employees, agents and sub -contractors, if any, that they are
subject to these confidentiality requirements. UPSTATE COLORADO shall provide its employees,
agents and sub -contractors, if any, with a copy or written explanation of these confidentiality
requirements before access to confidential data is permitted.
17. Proprietary information for the purposes of this Agreement is information relating to a party's research,
development, trade secrets, business affair, internal operations and management procedures and those
of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third
parties, (2) that which is in the public domain, or (3) that which is developed independently.
Neither party shall use or disclose directly or indirectly, without prior written authorization, any propriety
information concerning the other party obtained as a result of this Agreement. Any proprietary
information removed from the State's site by UPSTATE COLORADO in the course of providing services
under this Agreement will be accorded at least the same precautions as are employed by UPSTATE
COLORADO for similar information in the course of its own business.
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