HomeMy WebLinkAbout20071050 RESOLUTION
RE: APPROVE INTERGOVERNMENTAL DATA ACCESS CONTRACT AND AUTHORIZE
CHAIR TO SIGN
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 Intergovernmental Data Access
Contract 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, and the Colorado Department of Labor and Employment, commencing March 1, 2007,
and ending February 29, 2008, with further terms and conditions being as stated in said contract,
and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Intergovernmental Data Access Contract 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, and the Colorado Department of
Labor and Employment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of April, A.D., 2007, nunc pro tunc March 1, 2007.
BOAR. OF C UNTY COMMISSIONERS
����� WELL Co UN , COLORADO
ATTEST: „'w ,rN '� r: oC
1161 c.: } =j David E. Long, Chair
Weld County Clerk to th .o. r
r :. Williamtl. JptOH Pro-Tem
BY: ��� ` 1i-4t �w� ��A LJ
Depu y Cle 4o the Boar•'_ice
Willi F. Garcia 1\1\1
APPROVED AS T •
Robert D. Masden
Aunty Attorney • P
Douglas f₹ademache)
Date of signature: Li/ailc i
2007-1050
V5L)7 "9) i yA1-76
MEMORANDUM
DATE: April 16, 2007
IC TO: David E. Long, Chair Board of Weld County Commissioners
COLORADO FROM: Walter J. Speckman, Weld County Division UVA
of Human Services
SUBJECT: Intergovernmental Data-Access Contract
Between Board of Weld County
Commissioners and the Department of
Labor and Employment
Enclosed for Board review and signature are four original copies of the
Intergovernmental Data-access Contract between the Department of Labor and
Employment and the Board of County Commissioners of Weld County, acting by and
through the Employment Services of Weld County.
This contract allows provides Employment Services of Weld County access to State
data essential to the operation of our programs.
This Contract begins on March 1, 2007 and end on February 29, 2008. The contract
will automatically renew for four successive terms of (1) year beginning on March 1,
2008.
If you have any questions, please telephone me at 353-3800, extension 3317.
2007-1050
Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
This INTERGOVERNMENTAL DATA-ACCESS CONTRACT
is made this day of 1119,2007, by and between:
WELD COUNTY WORKFORCE CENTER
acting by and through the,
Board of County Commissioners of Weld County,
P. O. Box 758
Greeley,CO 80632
(Participating Agency)
and
THE STATE OF COLORADO,
acting by and through the,
DEPARTMENT OF LABOR AND EMPLOYMENT.
acting by and through the,
Division of Employment and Training
633 171h Street, Suite 1200
Denver,CO 80202-3660
(Provider)
RECITALS:
A. Provider is an executive department of the State of Colorado and Participating Agency is a political
subdivision of the State of Colorado;
B. Provider and Participating Agency are committed to strengthening the coordination of services delivered to
Colorado residents;
C. Participating Agency desires access to data owned by Provider, and Provider is able and authorized to
provide such data to the Participating Agency;
D. If any funds are received by Provider pursuant to this Intergovernmental Data-Access Contract, such funds
shall be attributed to Fund Code 100, Organizational Unit Code 1353,Appropriation Code 101, Revenue
Source Code 5200,Subrevenue Source Code 77,Function Code 1000,and Grant Budget Line Code 0509;
E. Participating Agency warrants that the confidential data received pursuant to this Data-Access Contract shall
be used only by public employees in the performance of their public duties; and,
F. All required approvals,clearances,and coordination have been accomplished from and with all appropriate
agencies.
NOW THEREFORE, the parties hereto agree as follows:
A. EFFECTIVE DATE and TERM. The effective date of this Data-Access Contract is March 1, 2007.
The initial term of this Data-Access Contract shall commence on March 1, 2007, and end on February
29.2008. Unless previously terminated by one of the parties pursuant to the terms of this
Intergovernmental Data-Access Contract, this Data-Access Contract shall automatically renew for four
(4) successive terms of one (1)year each beginning on March 1, 2008.
Page 1 of 10
&47—/DSO
Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
B. SCOPE OF ACCESS TO, AND ANTICIPATED USE OF, PROVIDER'S INFORMATION SYSTEMS. In
accordance with Section 8-72-107 of the Colorado Revised Statutes(C.R.S.),as amended,the employees
of Participating Agency are public employees performing their public duties. Participating Agency desires
access and use of Provider information within the following Provider information systems
XX Colorado Unemployment Benefit System (CUBS) (inquiry only)
❑ Colorado Unemployment Benefit System (CUBS) (input only)
XX Colorado Automated Tax System (CATS) (inquiry only)
Participating Agency desires this access to,and use of, Provider's information systems for the purpose of:
verification of client eligibility via unemployment insurance wage records and for review of employer
information for job match.
Participating Agency expressly acknowledges that it is solely responsible for any breach of the C.R.S. by
Participating Agency, its employees, agents, or licensees. (See CR.S. 8-72-107, as amended.)
C. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO,AND USE OF,PROVIDER INFORMATION
SYSTEMS.
1. Duties and Obligations of Participating Agency. Participating Agency shall:
a. Comply in all respects with C.R.S.8-72-107,as amended. Specifically, Participating Agency shall
not release any Provider information to any other person or entity other than the individual wage
earner, benefit recipient, or employing unit. C.R.S. 8-72-107, as amended, reads, in part:
. . Information thus obtained, or obtained from any individual pursuant to the
administration of articles 70 to 82 of this title, except to the extent necessary for
the proper presentation of a claim, or withholding tax account numbers if such
numbers are obtained from the department of revenue pursuant to section 39-
21-113, C.R.S., shall be held confidential and shall not be published or be open
to public inspection(other than to public employees in the performance of their
public duties, to an agent of a state or local child support enforcement agency
pursuant to section 8-72-109 (9), or to an agent of the division designated as
such in writing for the purpose of accomplishing certain of the division's
functions)in any manner revealing the individual's or employing unit's identity...
Any employee or member of the division or any referee who violates any
provision of this article is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than twenty dollars nor more than two
hundred dollars, or by imprisonment in the county jail for not more than ninety
days, or by both such fine and imprisonment. . . .
b. Only release Provider information to the individual wage earner,benefit recipient,or employing unit
if it is prepared and presented by Participating Agency on its own letterhead or affidavit.
Specifically, Participating Agency shall not release information via screen prints of Provider
information from the database. A copy of wage statements or other wage information obtained from
the computer database maintained by the Provider shall be admissible into evidence for the
purposes of determining income for child-support-enforcement cases as per the Uniform Dissolution
of Marriage Act, 14-10-115, C.R.S., as amended.
c. Only use and access Provider information to the extent authorized in section B,above. Only those
employees of Participating Agency who are directly responsible for the use specified in section B
above shall have access to, or use of, Provider information. Prior to allowing any employee of
Participating Agency to access or use any Provider information or participate in any activity,
Participating Agency shall require any such employee to review and agree to the terms of the
Page 2 of 10
Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
"Summary of Data-Security Responsibilities for Access to the Colorado Department of Labor and
Employment Database"(Attachment A). For each user,Participating Agency must request from the
Provider's Security Coordinator an application and must complete a"Notice of Personal Compliance
Regarding the Use and Release of Information"(Attachment B). Participating Agency shall submit
completed forms for each user to the Provider's Contract Coordinator for review. The acceptance
or denial of the request for access is solely determined at the discretion of Provider.
d. If Participating Agency requests transaction-level(input)access,rather than inquiry-only access,the
Participating Agency shall require each employee engaging in transaction-level access to obtain an
acceptable security clearance. The elements of an acceptable security clearance are: 1) a
criminal record check must be arranged through a legitimate law-enforcement agency; 2) the
criminal record check must fully identify the issuing law enforcement agency and must bear the
signature of the issuing law-enforcement official;3) the criminal record check must reveal that the
employee has no job-related felony convictions arising from an offense that occurred within the five-
year period immediately preceding the request for new or additional transaction-level access to
security sensitive applications;and 4) Participating Agency or its employee must be responsible for
all costs of the criminal record check. If an acceptable security clearance is not submitted to
Provider for every such individual, then transaction-level access will be denied to Participating
Agency. Participating Agency shall submit all completed compliance forms to the Contract
Coordinator. The determination of acceptable security clearance is solely within the discretion of
Provider.
e. Take all necessary precautions, including, but not limited to: safeguarding the storage of Provider
information, restricting which employees are given access to Provider information, and protecting
Provider information from unauthorized access, usage, or release.
f. Permit employees or authorized agents of Provider to make on-site inspections, during normal
business hours,to ensure that Participating Agency is in compliance with the requirements of the
C.R.S. and any applicable State and federal statutes or regulations.
g. Designate a Security Coordinator responsible for all tasks related to requesting, removing, or
changing access of Participating Agency's users. A change in the identified Security Coordinator or
other contact information, including the Executive Director, shall be sent to Provider in writing no
later than twenty-five (25)business days from the effective date of such change.
h. Comply with all security and access procedures established by Provider. Participating Agency shall
submit to Provider's Contract Coordinator the names of all employees for whom authorization to
access Provider information is requested.
i. When a user's access to Provider information is no longer required because of a change of
employer or job duties,the Participating Agency shall notify Provider's Contract Coordinator within
five (5)calendar days of such a change to preclude continued, unauthorized access;
2. Duties and Obligations of Provider. Provider shall:
a. Allow access to Provider information as indicated in Section B above by providing, where
appropriate,access to information through a computer data link;access shall be available from 8:00
a.m.to 5:00 p.m.Mountain Standard Time,Monday through Friday,(except for legal State holidays)
barring machine or power failure, or overload of the terminal network.
b. Disclaimer. Provider's obligation to provide information to Participating Agency is contingent upon
the availability of the requested information within the State's computer system. Participating
Agency expressly agrees that Provider shall not be liable to Participating Agency for damages, in
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Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
whatever form or however characterized or claimed, from inadequacies with, or in, State
information.
c. Provide training to Participating Agency, as necessary, with regard to the policies and operating
procedures related to accessing and using the Provider information systems designated in Section
B above.
D. DUTIES AND OBLIGATIONS CONCERNING JOB-PLACEMENT ACTIVITIES.
1. Definitions. The term placement is defined to mean"the hiring by a public or private employer of an
individual(client)referred by an employment office for a job or interview,"provided the referring employment
office has completed all of the following steps: (a)preparation of a job order form prior to referral,except in
the case of a job-development contact on behalf of a specific applicant;(b)making prior arrangements with
the prospective employer for the referral of a client; (c) referral of a client not specifically designated for
referral by the prospective employer to the prospective employer, except for referrals on agricultural job
orders for a specific crew leader or worker;(d)verification from a reliable source,preferably the prospective
employer,that a client has accepted a job; and, (e) appropriately recording the placement.
2. Duties and Obligations of Participating Agency. Participating Agency shall:
A. Complete all necessary training provided by a workforce center(WFC)before performing any duties
related to job-placement activities. Provider will not grant data access to Participating Agency until
such time as all training has been satisfactorily completed by Participating Agency;
B. Gain approval from the appropriate WFC liaison,or out-stationed person(s)to whom referral-control
responsibilities are assigned, prior to making each referral from JobLink;
C. Use only those referral forms that have been authorized for use by Provider's Employment Service
Programs;
D. Submit to the WFC liaison copies of, or directly input, all client applications and job orders for
inclusion into the JobLink database
E. Follow proper WFC referral procedures, properly report referral activities, maintain an acceptable
level of referrals-to-hires, and submit all applications, orders, and/or openings for inclusion in
JobLink as specified in the Participating Agency handbooks and applicant file;
F. Pursuant to applicable federal regulations, give priority to eligible veteran applicants over non-
veteran applicants in making the above referrals; and,
G. Appoint a liaison to maintain an accurate tabulation as to the number of employment services'
related transactions performed by Participating Agency.
3. Duties and Obligations of Provider. Provider shall:
A. Provide training in Employment Service policies and operating procedures related to job
placement and referral activities to appropriate staff of Participating Agency as designated by
the Participating Agency;
B. Appoint a WFC liaison to work with Participating Agency for the purposes of coordinating placement
procedures and training;
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Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
C. Verify all referral results, unless staff of Participating Agency is out-stationed at such a distance
from the WFC that it is unreasonable for the WFC to verify the referral results. If this is the case,
then Participating Agency shall verify and report the referral results to the WFC;
D. Provide a person or persons, either acting as a liaison or otherwise assigned to Participating
Agency, through which referral requests from Participating Agency shall be coordinated for
approval. The WFC manager, or a designee thereof, shall establish a procedure to allow
Participating Agency to make immediate referrals while safeguarding against the input of referral
information into JobLink by Participating Agency prior to input of the applicant's registration from
into JobLink.
E. Job orders shall be released by Provider to Participating Agency no later than three (3) working
days after the job order was placed by Participating Agency with Provider, unless an employer
specifically requests a nonstatewide listing.
E. ADDITIONAL PROVISIONS
1. Legal Authority. The parties warrant that each possesses actual,legal authority to enter into this Data-
Access Contract. The person or persons signing this Data-Access Contract, or any attachments or
amendments hereto, also warrant that such person or persons have actual legal authority to execute
this Data-Access Contract, or any attachments or amendments hereto.
2. RELATIONSHIP OF PARTIES.THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER
AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER
THE CONTRACTOR NOR ANY EMPLOYEE OR AGENT OF THE CONTRACTOR SHALL BE,OR
SHALL BE DEEMED TO BE,AN EMPLOYEE OR AGENT OF THE STATE. THE CONTRACTOR
SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL
HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY
PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE
PROVIDE SUCH COVERAGE. THE CONTRACTOR SHALL HAVE NO AUTHORIZATION.EITHER
EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS. LIABILITY, OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL
PROVIDE AND KEEP IN FORCE WORKERS'COMPENSATION INSURANCE COVERAGE (AND
SHOW PROOF OF SUCH INSURANCE COVERAGE) AND UNEMPLOYMENT COMPENSATION
INSURANCE IN THE AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE
FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS.
2. Assignment. The rights, duties, and obligations of Participating Agency under this Data-Access-
Contract may not be assigned, delegated, or otherwise transferred without the prior express, written
consent of Provider.
3. Performance Monitoring.
a. Participating Agency shall permit Provider,the United States Department of Labor,or any other duly
authorized governmental agent or agency, to monitor all activities conducted by Participating
Agency pursuant to the terms of this Data-Access Contract. Such monitoring may consist of
internal evaluation procedures, examination of program data, special analyses, on-site checking,
formal audit examinations, or any other reasonable procedures. All such monitoring shall be
performed in a manner that shall not unduly interfere with the performance of the duties or
obligations of Participating Agency under this Data-Access Contract.
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Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
b. Participating Agency authorizes Provider to perform audits or inspections of the records of
Participating Agency at any reasonable time during the term of this Data-Access Contract and for a
period of five (5)years following the termination of this Data-Access Contract.
4. Ownership of Materials and Information. Participating Agency agrees that all materials,information,
data,computer software,documents,studies,and/or written evaluations produced by either Provider or
Participating Agency in the performance of this Data-Access Contract are the sole property of Provider.
5. Notice of Pending Litigation. Unless otherwise provided for, Participating Agency shall: notify
Provider in writing,within five(5)working days after being served with a summons,complaint,or other
pleading in a case which has been filed in any federal or state court or administrative agency,and which
summons, complaint, or other pleading involves services provided under this Data-Access Contract;
and, shall deliver copies of any such document or documents to Provider.
6. Waiver. The waiver of any breach of any term or provision of this Data-Access Contract shall not be
construed as a waiver of a breach of any other term or provision of this Data-Access Contract or, a
waiver of a subsequent breach of the same term or provision of this Data-Access Contract.
7. Termination for Cause. If Provider concludes,in its sole discretion,that Participating Agency: (a)has
breached any term of this Data-Access Contract; (b)performed its duties and obligations hereunder in
an unsatisfactory, incorrect, or improper manner; or, (c)engaged in improper or illegal activities;then
Provider may terminate this Data-Access Contract immediately without the notice otherwise required
under this Data-Access Contract and,without any compensation to Participating Agency for termination
costs.
8. Termination for Convenience. Each party has the right to terminate this Data-Access Contract. To
terminate this Data-Access Contract, the terminating party must mail, by United States mail, Certified
Mail, return receipt requested,a Notice of Intent to Terminate Data-Access Contract to the other party.
The Notice of Intent to Terminate Data-Access Contract must be mailed no less than thirty-three (33)
calendar days before the effective date of the termination of this Data-Access Contract. This Data-
Access Contract shall terminate upon the expiration of a thirty(30)-day-notice period. The liability of the
parties hereunder for further performance of the terms of this Data-Access Contract shall cease upon
the expiration of the thirty(30)-day-notice period. However,the parties are not released from any duty
or obligation under this Data-Access Contract until the thirty(30)-day-notice period has expired.
9. Severability. To the extent that this Data-Access Contract may be fully executed,and/or performance
of the duties and obligations of the parties hereunder may be accomplished within the intent of this
Data-Access Contract,the terms of this Data-Access Contract are severable. If any term or provision
hereof is declared invalid by a court of competent jurisdiction or,otherwise becomes inoperative for any
reason,then such invalidity or failure shall not affect the validity of any other term or provision of this
Data-Access Contract.
10. Notice Procedure. All notices required,or permitted,to be given under this Data-Access Contract shall
be in writing. All such written notices shall be deemed given when either personally served on a party or
three(3)days after deposit in the United States Mail,Certified Mail,return receipt requested.All written
notices shall be addressed to the following parties, or to such other addressee or addressees as
designated by a written notice complying with the foregoing requirements:
PARTICIPATING AGENCY:
David E. Long
Chairman
Board of County Commissioners of Weld County,
P. O. Box 758
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Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
Greeley, CO 80632
(970-336-4000, ext. 4208)
With a copy to:
Linda Perez
Director
Employment Services of Weld County
P. O. Box 1805
Greeley, CO 80632
(970-353-3800, ext. 3363)
PROVIDER:
Procurement and Contracts Office
Lisa Eze
Purchasing Director
Department of Labor and Employment
633 17th Street, Suite 1100
Denver, CO 80202-3660
(303) 318-8054
Security Coordinator
Cheryl Ames
Department of Labor and Employment
Information Technology Management Office
633 17th Street, Suite 800
Denver, CO 80202-3660
(303-318-8310)
Contract Coordinator
Angela Pfannenstiel
Department of Labor and Employment
Unemployment Insurance Staff Services
251 East 12th Avenue
Denver, CO 80203
303-318-9300
Billing Contact
Department of Labor and Employment
Reporting and Analysis
633 17`"Street, Suite 1100
Denver, CO 80202-3660
303-318-8111
11. Indemnification. To the extent authorized by law, Participating Agency shall indemnify, save, and
otherwise hold Provider,and its employees and agents,harmless against any and all claims,damages,
liabilities,or court awards, including costs,expenses,and attorneys'fees and related costs incurred by
Provider as a result of any act or omission of Participating Agency,its employees,agents,or licensees
pursuant to the terms of this Data Access Contract.
12. Disputes Arising From or as a Result of this Contract. Participating Agency recognizes that it alone
is responsible for the use of information provided to it pursuant to the terms of this Data-Access
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Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
Contract. Participating Agency also recognizes that the information provided to it pursuant to the terms
of this Data-Access Contract is confidential pursuant to the provisions of Section 8-72-107, C.R.S., as
amended. Therefore, in the event that a dispute arises as a result of any act by, or omission of,
Participating Agency, or its employees, agents, or subcontractors, pursuant to the terms of this Data-
Access Contract, Participating Agency shall be solely responsible for any and all claims, damages,
liabilities, or court awards, including costs, expenses, and attorneys'fees, and shall hold the State of
Colorado, and specifically the Colorado Department of Labor and Employment, its employees and
agents, harmless for the same and will reimburse the Colorado Department of Labor and Employment
for any and all costs,fees, and/or expenses incurred.
13. Compliance with Applicable Laws. Participating Agency shall,at all times during the performance of
its duties and obligations under this Data-Access Contract, strictly adhere to the following applicable
laws and regulations: Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the
Rehabilitation Act of 1973, as amended; the Education Amendment of 1972, as amended; the Age
Discrimination Act of 1975,as amended;the Colorado Anti-discrimination Act of 1957,as amended;any
other applicable laws respecting discrimination and unfair employment practices; and, an Executive
Order dated April 16, 1975, entitled "Equal Opportunity and Affirmative Action".
14. Acknowledgment of Applicable Criminal Law. The signatories hereto aver that they are familiar with
section 18-8-301, et seq., (Bribery and Corrupt Influences), and section 18-8-401, et seq., (Abuse of
Public Office), C.R.S., as amended, and that no violation of such provisions is present.
15. No Beneficial Interest of the Parties. The signatories hereto aver that to their knowledge, no state
employee has a personal or beneficial interest whatsoever in the service(s) or property described
herein.
16. No Financial Authorization or Obligation of Provider. In no event shall Provider authorize or make
any financial payment to Participating Agency under this Data-Access Contract.
17. Entire Understanding. This Data-Access Contract is the complete integration of all understandings
between the parties. No prior or contemporaneous addition(s), deletion(s), or other amendment(s)
hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent
novation(s), renewal(s),addition(s), deletion(s),or other amendment(s)hereto shall have any force or
effect whatsoever unless embodied in a written document executed and approved pursuant to the Fiscal
Rules of the State of Colorado.
•
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Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1). This contract shall not be deemed valid until it has been approved by the
Colorado State Controller or designee.
2. FUND AVAILABILITY. CR5 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent
upon funds for that purpose being appropriated,budgeted,and otherwise made available.
3. INDEMNIFICATION. Contractor shall indemnify,save,and hold harmless the State,its employees and agents,against any and all
claims,damages,liability and court awards including costs,expenses,and attomey fees and related costs,incurred as a result of any actor
omission by Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
(Applicable Only to Intergovernmental Contracts]No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied,of any of the immunities,rights,benefits,protection,or other provisions,of the Colorado Governmental Immunity Act,
CRS 24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.2671 et seq.,as applicable,as now or hereafter amended.
4. INDEPENDENT CONTRACTOR. 4 CCR 801.2. Contractor shall perform its duties hereunder as an independent contractor and not
as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the
state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the
state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance
benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage.
Contractor shall have no authorization,express or implied,to bind the state to any agreement,liability or understanding,except as expressly
set forth herein. Contractor shall provide and keep in force workers'compensation(and provide proof of such insurance when requested by
the state)and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those
of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting
discrimination and unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado,and rules and regulations issued pursuant thereto,shall be applied in the
interpretation,execution,and enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,
which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws,rules,and regulations shall
be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other
special provision in whole or in part shall be valid or enforceable or available in any action at law,whether by way of complaint,defense,or
otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract,to the
extent that this contract is capable of execution. At all times during the performance of this contract,Contractor shall strictly adhere to all
applicable federal and State laws,rules,and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 2430.202(1)and 2430.202.4. The State Controller
may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for:(a)unpaid child support debtor
child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in Article 21,Title 39,CR5; (c)unpaid
loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment
Compensation Fund;and(e)other unpaid debts owing to the State or its agencies,as a result of final agency determination or reduced to
judgment,as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this
contract shall be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable
licensing restrictions. Contractor hereby certifies that,for the term of this contract and any extensions,Contractor has in place appropriate
systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph,
the State may exercise any remedy available at law or equity or under this contract,including,without limitation,immediate termination of
this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge,no employee of the
State has any personal or beneficial interest whatsoever in the service or property described in this contract.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS—PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS
ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101
et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract
with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to
perform work under this contract. Contractor represents,warrants,and agrees that it(i)has verified that it does not employ any illegal
aliens,through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and
Department of Homeland Security,and(ii)otherwise shall comply with the requirements of CRS 6-17.5-102(2)(b). Contractor shall comply
with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and
Employment. Failure to comply with any requirement of this provision or CRS 8-17.5-101 et seq.,shall be cause for termination for breach
and Contractor shall be liable for actual and consequential damages.Contractor,if a natural person eighteen(18)years of age or older,
hereby swears or affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to
federal law,(ii)shall comply with the provisions of CRS 24-76.5-101 et seq.,and(iii)shall produce one form of identification required by
CRS 24-76.5-103 prior to the effective date of this contract.
Revised October 25,2006 Effective Date of Special Provisions:August 7,2006
Page 9 of 10
Department or Agency No. KAA Contract Routing No. 07-00215
Weld County Non-Financial Data Access Contract
This is a legal document. Legal counsel should be consulted before signing.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
PARTICIPATING AGENCY: PROVIDER:
Board of County Commissioners of STATE OF COSADO
Weld County Bill Ritter,Jr.. o ernor
By: ?—
David 16 200�y, ,/ c��
David . Long Date Id`d. ayes Dilate
Chairman ecutive Director
/� Department of Labor and Employment
1 ii
ATTEST: r. Byre/ /1�j'' 1,/ T 4/4
WELD COUNTY CLERK TO THE 1711 S5 awn G. Miln6, CPA Date
Controller
BY: ` / Department of Labor and Employment
DEPUTY CLE( TO THE BO
ATTESTING TO BOARD OF COUNT I ' r._y '
COMMISSIONER S GiiATURLS ONLY
Page 10 of 10
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Attachment A 07-00215
SUMMARY OF DATA-SECURITY RESPONSIBILITIES FOR ACCESS TO THE
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DATABASE
INTRODUCTION
This summary condenses the key data-security responsibilities set forth in the Data Access Contract
between the Colorado Department of Labor and Employment (CDLE) and Board of County
Commissioners of Weld County(Participating Agency)and adds detailed procedures. In the event of any
unintended conflict between this summary and the Data Access Contract, or any omission from the
Contract terms, the Data Access Contract has precedence.
LEGAL REFERENCE
In accordance with the Colorado Employment Security Act(CESA) as set forth by the Colorado Revised
Statutes, 8-72-107 (1), "Information . . . shall be held confidential and shall not be published or be open to
public inspection (other than to public employees in the performance of their public duties . . . ) in any
manner revealing the individual's or employing unit's identity." This provision of CESA takes precedence
over any state or federal open-records statute.
PURPOSE AND USE
You may access data from the CDLE database only in the performance of your public duties in one of the
following capacities:
• A public employee.
• An agent of the Participating Agency.
• An agent of CDLE.
Any other access or use is strictly prohibited.
Authorized Users
Only authorized Participating Agency staff can access data from the CDLE computer database. To be
authorized, the Participating Agency's Security Coordinator must request from CDLE's Security
Coordinator an application for access and a Notice of Personal Compliance Regarding the Use and
Release of Information. The forms are completed and then sent to the CDLE Contract Coordinator.
Once approved, CDLE issues a user identification (ID) number and password to users. Using another
person's user ID number and password is strictly prohibited. If an authorized user's work assignment
changes and access to CDLE data is not part of the duties, the Participating Agency's security
coordinator must notify CDLE within 5 calendar days. Newly assigned staff must apply for and receive
his or her user ID and password.
NOTE: User IDs are inactivated by CDLE if 30 days elapse without use. If this occurs, contact the CDLE
Help Desk at 303-318-8300 to reactivate your user ID. If you do not use your user ID for 6 months or
more, the user ID is permanently inactivated. If this occurs, you must apply fora new user ID through
your agency's security coordinator and associated costs will be incurred.
Page 1 of 2
Attachment A 07-00215
SUMMARY OF DATA-SECURITY RESPONSIBILITIES FOR ACCESS TO THE
COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DATABASE
Protection of Data
• You are responsible for the security of the data from the time data is accessed until such time that
any record of the data is destroyed. When you access, make a record of, store, or dispose of
CDLE data, you must protect the identifying information of the individual or business and comply
with CESA 8-72-107, as amended. All individuals coming into contact with CDLE data must be
acting within the scope of their responsibilities under the contract between CDLE and the
Participating Agency and performing public duties.
If you need to copy the data from the CDLE database, you must prepare a letter or affidavit on your
employer's letterhead. You may not print the information directly from the CDLE database unless you
have access to CDLE data for purposes of performing child-support enforcement duties or job-placement
duties within a Colorado workforce center.
SUBPOENAS AND LITIGATION
If a subpoena or any other notice of pending litigation involving CDLE data is received, you must notify
your security coordinator immediately. The security coordinator must notify CDLE within 5 working days
after receiving the notification of pending litigation in accordance with the Data Access contract.
QUESTIONS
If you have any questions that are not addressed in this summary, contact the contract coordinator shown
in "Contact Information."
CONTACT INFORMATION
Contract Coordinator
Unemployment Insurance Staff Services
303-318-9300
CDLE Help Desk
303-318-8300
Page 2 of 2
•
Attachment B 07-00215
Colorado Department of Labor and Employment
Unemployment Insurance Program
NOTICE OF PERSONAL COMPLIANCE REGARDING
THE USE AND RELEASE OF INFORMATION
RELEASE OF INFORMATION
The Colorado Employment Security Act(CESA) as set forth by the Colorado Revised Statutes, section 8-72-107
governs the release of unemployment insurance(UI) records. The statute authorizes the release of information to
public employees in the performance of their public duties, to agents of state or local child-support-enforcement
agencies, or to agents of the UI Program.
Those who are authorized to receive UI records are not permitted to print UI records without express permission
from the UI Program.
RELEASE OF RECORDS THROUGH SUBPOENAS
All subpoenas for UI data or information are routed to UI Staff Services for processing. The law requires
that a subpoena be served at least 48 hours before a response is required. Subpoenas are served to:
Colorado Department of Labor and Employment
Custodian of Records, UI Staff Services Branch
251 East 12th Avenue, Denver, CO 80203
POLICY COVERAGE AND VIOLATIONS
The UI Program's policy regarding the release of information is applied equally and impartially to all persons
requesting information, including employees and agents of the Participating Agency given use of and access to UI
information.
CESA 8-72-107 (1) states, in part, "Any employee or member of the division or any referee who violates any
provision of this article is guilty of a misdemeanor and,upon conviction thereof, shall be punished by a fine of not
less than twenty dollars nor more than two hundred dollars,or by imprisonment in the county jail for not more than
ninety days, or by both such fine and imprisonment."
I certify that I have reviewed and agree to abide by the terms of the"Summary of Data-Security Responsibilities
for Access to the Colorado Department of Labor and Employment Database" and this "Notice of Personal
Compliance Regarding the Use and Release of Information"concerning the disclosure and use of UI information.
I understand that any act or omission to act on my behalf that violates any term of the above-mentioned
agreement or especially the terms concerning the disclosure of information under CESA 8-72-107,as amended,
may subject me to criminal prosecution or civil liability.
Name Printed Title Date
Signature Employer
Page 1 of 1
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