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Home My WebLink About20223315.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF PURCHASE ORDER FUNDS FOR COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM (CW STEP), AND AUTHORIZE DEPARTMENT OF HUMAN SERVICES TO DISBURSE FUNDS 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 a Purchase Order for the Colorado Works Subsidized Training and Employment Program (CW STEP) 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, and the Colorado Department of Human Services, commencing July 1, 2022, and ending June 30, 2023, with further terms and conditions being as stated in said purchase order, and WHEREAS, after review, the Board deems it advisable to approve said purchase order, 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 Purchase Order for the Colorado Works Subsidized Training and Employment Program (CW STEP) 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, and the Colorado Department of Human Services, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Purchase Orders be, and hereby are, accepted, and the Department of Human Services, be, and hereby, is authorized to disburse said funds. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of November, A.D., 2022, nunc pro tunc July 1, 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: did.%) Weld County Clerk to the Board County ttorney Date of signature: 1t/12/2-2 Scoff K. James, Chair man, Pro - cc: HSD 12/15/22 2022-3315 HR0094 Corrhcicl- IDtho4-1(o7 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: November 15, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Colorado Department of Human Services Colorado Works Subsidized Training and Employment Program (CW STEP) Purchase Order Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. A Request Board Approval of the Colorado Department of Human Services Colorado Works Subsidized Training and Employment Program (CW STEP) Purchase Order. ESWC has received $150,000.00 in funds in the form of Purchase Order# IHGA 202300001095, from the State of Colorado Department of Human Services (CDHS). This funding was authorized by legislative approval for the implementation of the Colorado Works Subsidized Training and Employment Program (CW STEP), which was created through Senate Bill 17-292. The CW STEP is a statewide program that aims to assist Colorado Works recipients in attaining living -wage, permanent jobs through employment opportunities with subsidized wages, including apprenticeships, on-the-job training, Subsidized Employment including transitional jobs, and paid internships. Ids recommend a Work Session. I recommend approval of this Purchase Order and authorize the ESWC Division to dispense the purchase order funds as appropriate. Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Approve Schedule Recommendation Work Session Other/Comments: Pass -Around Memorandum; November 15, 2022 — CMS ID 6467 Pzno 1 2022-3315 • RDER STATE OF COLORADO Department of Human Services Number: Date: Description: SFY23 Weld; STEP PO,IHGA,202300001095 7/1/22 Effective Date: July 1, 2022 Ex . iration Date: June 30, 2023 UYER Buyer: Email: VENDOR Toby Erxleben toby.erxleben@state.co.us WELD COUNTY Human Services PO BOX A GREELEY, CO 80632 Contact: Phone: Vendor Contact 0000000000 ENDOR INSTRUCTIONS Page of 2 *****IMPORTANT***** The order number and line number must appear on all invoices, packing slips, cartons, and correspondence. BILL TO ACCOUNTING 1575 SHERMAN STREET, 6TH FLOOR DENVER, CO 80203-1714 HIP TO SELF SUFFICIENCY--COLO WORKS 1575 SHERMAN STREET, 3RD FLOOR DENVER, CO 80203-1714 SHIPPING INSTRUCTIONS Delivery/Install Date: FOB: XTENDED DESCRIPTION The purpose of this purchase order is to implement the Colorado Works Subsidized Training and Employment Program, which was created through SB 17-292. The purpose of this contract is to place Colorado Works Subsidized Training and Employment Program (CW STEP) clients in an employment opportunity with a contractor. CW STEP is a statewide program that aims to assist Colorado Works recipients in attaining living - wage, permanent jobs through employment opportunities with subsidized wages, including apprenticeships, on- the-job training, Subsidized Employment including transitional jobs, and paid internships. CW STEP aims to address the TANF purpose of reducing the dependency of CW parents by promoting job preparation, work and marriage. tteyn . 92400 Description: SFY23 Weld CW STEP t ©€ie` 0 it ;, ost 0.00 8150,000.00 Service From: 07/01/22 TERMS AND CONDITIONS Service To: 06/30/23 https://wwvv.colorado.gov/osc/purchase-order-terms-conditions STATE OF COLORADO Department of Human Services Page 2 of 2 DOCUMENT TOTAL = $150.000.00 EXHIBIT A - STATEMENT OF WORK 1. ACRONYMS AND DEFINITIONS: 1.1. CDHS: Colorado Department of Human Services. The department that is responsible for funding and overseeing CW STEP. Referred to within this Contract as the Department 1.2. : Colorado Refugee Services Program. The program that is responsible for ensuring the effective resettlement of refugees and to promote refugee advancement past self-sufficiency and to long-term integration. 1.2. Host Site Employer: the contractor who agrees to host, train, and supervise a CW STEP client and certify the hours the client has worked. 1.3. Employer of Record: A business or agency responsible for paying wages to a CW STEP client, withholding and payment of payroll taxes, including FICA, Medicare, and applicable unemployment insurance taxes, worker's compensation coverage, and preparation and distribution of federal and state taxes. 1.4. Living Wage: For purposes of CW STEP, living wage is calculated as 50% of the Massachusetts Institute of Technology Living Wage Calculator for one adult and two children, based on the county of residence. 1.5. Prevailing Wage: Defined as the hourly wage, usual benefits and overtime paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established by the Department of Labor & Industries for each trade and occupation employed in the performance of public work. 1.6. Subsidized Employment: Earnings from employment or training in combination with work in which all or a portion of the wage is paid to an employer with CW STEP funds. 1.7. Successful Exit When a CW STEP client exits the CW STEP program due to being hired for an unsubsidized job or when they exit with measurable skill gains. 1.8. TANF: Temporary Assistance for Needy Families. Known in Colorado as "Colorado Works". 1.9. Training: Training tied to a specific occupation and industry recognized which helps build employable skills that is attached to an employment opportunity and is an expressed component necessary for an individual to gain employment. Training may be paid or unpaid. 1.10. Underemployed: An individual employed for no more than 20 hours per week, for at least 4 consecutive weeks, who is actively seeking employment utilizing the public workforce system. 1.11. Unemployed: An individual without employment for at least 4 consecutive weeks, who is actively seeking employment utilizing the public workforce system. Exhibit A — Statement of Work Page 1 of 7 1.12. Unsubsidized Employment: Earnings from employment provided by an employer who does not receive a subsidy for the creation and maintenance of the employment position. 1.13. Unsuccessful Exit: When a CW STEP client is no longer suited to participate due to lack of client engagement, relocating to a different state, being physically unable to work, or other reasoning which precluded the client from gaining an unsubsidized job. 2. OBJECTIVE The purpose of this contract is to place Colorado Works Subsidized Training and Employment Program (CW STEP) clients in an employment opportunity with a contractor. CW STEP is a statewide program that aims to assist Colorado Works recipients in attaining living -wage, permanent jobs through employment opportunities with subsidized wages, including apprenticeships, on-the-job training, Subsidized Employment including transitional jobs, and paid internships. CW STEP aims to address the TANF purpose of reducing the dependency of CW parents by promoting job preparation, work and marriage. 3. SCOPE The contractor shall ensure that CW STEP services are delivered in a culturally competent manner, are language appropriate, and that they meet the needs and challenges of the target population. A. CW STEP Plan. the contractor is responsible for developing a comprehensive plan independently or in collaboration with the Department for recruiting, onboarding and training CW STEP clients. B. Eligible Clients. An eligible client is an individual who is eligible to receive Colorado Works Basic Cash Assistance (BCA) and who is deemed appropriate for and can benefit from CW STEP based on their Colorado Works assessment. Adults receiving BCA and age appropriate/work ready children may receive services through CW STEP. Parents, step-parents, and youth are all eligible, as are work -required and non -work -required household members who are recipients of the BCA grant. C. Subsidized Employment. The contractor shall employ a CW STEP client in a subsidized employment opportunity that entails time -limited, wage -paid work that helps individuals who are chronically unemployed or underemployed, often with barriers to employment, establish work history and develop workplace skills with a goal of obtaining unsubsidized employment. D. Timesheet. The contractor shall use the attached Timesheet/Skills Assessment form or another State approved Timesheet/Skills Assessment form to document the number of hours the client worked during the pay period. This form must be retained as supporting documentation for invoicing purposes. E. Skills Assessment. The contractor shall use the attached Timesheet/Skills Assessment form or another State approved Timesheet/Skills Assessment form to document the client's performance, and progress in developing the skills needed for the subsidized employment opportunity. F. Data Entry. The contractor is responsible for reporting and documenting the client's progress and hours in the Statewide benefits management system. Exhibit A — Statement of Work Page 2 of 7 G. Training. The Department is responsible for training the contractor on data entry and reporting in the Statewide benefits management system. H. Allowable Spending. The contractor may spend CW STEP funds in the following ways: a. Subsidized wages (in combination with complementary Training and/or other support) for up to 9 months at a maximum of 40 hours per week. i. Clients may be paid the Prevailing Wage (as determined with local Labor Market Information) for the job they are doing commensurate with their experience. ii. All placements must include hands-on work experience with a wage. iii. Clients may be compensated in wages for up to 100% for the subsidized employment opportunity. b. Supportive Services: i. Eligible supportive services must be directly related to the client's ability to work in the immediate subsidized placement. ii. Available county TANF funds for supportive services shall be prioritized when applicable before CW STEP funds may be used for supportive services. CW STEP funds used for supportive services must be directly related to the client's ability to work in the immediate subsidized placement. 1 Allowable supportive services expenses include, but are not limited to, tools, uniforms, car repairs, rental and utility assistance, non -recurrent personal needs (including eyeglasses), and other non -recurrent needs that may inhibit participation in work. 2. TANF and CW STEP funds may not be used to pay for medical expenses including office visits, treatment, and medicines unless it is not covered by Medicaid and the expense is pre -approved by the Department. c. Job Coaching i. The contractor, in partnership with the Department shall collaborate with county human services departments to support the client's job coaching/case management from the CW program, such as the need for additional activities that assist with employment barrier removal. I. Recruiting and Enrollment of CW STEP Clients. a. The contractor shall provide onboarding services immediately following an internal or external referral and begin the process to determine a client's suitability for the subsidized employment opportunity. b. The recommended period from time of referral to time of placement is two weeks. However, the Department will not monitor compliance on the amount of time between referral and placement. J. Client Placements. CW STEP clients may be placed in a subsidized employment opportunity for up to nine months. Written approval from the Department is required if the contractor wants to extend the placement for more than nine months. a. A client may be placed 3 times in the program year. b. A client may only work up to 40 hours per week at their placement. Exhibit A — Statement of Work Page 3 of 7 K. County Partnerships. In order to successfully implement and administer CW STEP, the contractor shall collaborate with the county department(s) of human/social services and community partners (e.g. community -based organizations, community colleges, workforce centers, early childhood councils, and family resource centers). The Department shall assist with partnership development. a. The contractor shall maintain regular communication with the county department(s) of human/social services or other agencies working with CW STEP clients. b. It is the responsibility of the contractor to notify referring counties if the pipeline becomes over -burdened (supply of clients greater than the demand from the contractor) with referrals. c. The Department shall be the first source to provide technical assistance for CW STEP to their county and community based partners upon request from the contractor. L. Working with Employers and Payroll. the contractor may either choose to act as the Employer of Record (i.e. payroll, employment functions) or reimburse another party, such as a staffing agency, for the cost of paying clients, etc. The Employer of Record must not be in violation of the Civil Rights Act, the Americans with Disabilities Act or any other law governing the equal treatment of employees in the workplace. a. The contractor may use a staffing agency for payroll/benefits purposes, including issuing the W -2s. b. Only hours actually worked are paid a wage. c. The Employer of Record (the contractor or staffing agency) shall issue paychecks and W -2s to clients. d. All placements shall be subject to the Fair Labor Standards Act (FLSA). e. CW STEP clients shall be treated equitably by the contractor. f. The subsidy paid by CW STEP shall be negotiated with each employer (based upon the client's skill level). g. Contractors that commit to placing a client must affirm that no individuals are on layoff from the same or any substantially equivalent job within the company or organization, and that no existing regular employees were terminated to create the vacancy that shall be filled by the program client (Section 407(f) of the Deficit Reduction Act; Section 181 of the Workforce Investment Act; 20 CFR 667.270). h. The contractor is not bound to hire the client at the completion of the subsidized period; however, the client may be considered for the position before beginning an external search. i. Workers' compensation shall be paid according to arrangements made between employers and the county. The entity that pays the employee will pay the workers' compensation. M. Case Files and Documentation. The contractor shall maintain a detailed case file for each client. This file may be paper or electronic. It must contain job placement and other activities, including employer information, job title, job/position description, projected and actual length of activity, and all relevant outcomes including wage at placement, at exit and if health benefits are offered with the job (Exhibit B. Timesheet/Skill Assessment Form meets the criteria listed Exhibit A — Statement of Work Page 4 of 7 above). The client case file will be used to monitor the performance of the contractor in meeting program and contract objectives. The list below is not exhaustive and includes examples of mandatory documents that must be retained in the case file. a. Time Sheets: The contractor must complete and submit a client timesheet to the Department on a pre -determined and consistent monthly schedule. b. Skills Assessment: CW STEP client performance should be evaluated on a repeating schedule, at a minimum, to coincide with timesheet/payroll submissions or as deemed appropriate by contractor staff. Suggested areas to evaluate clients' on the job performance include: job knowledge, work quality, attendance, dependability and communication/listening skills. Methods of collecting information can include, but are not limited to, standard CW STEP forms, personal communication between the client and the contractor, standardized employer forms, or other documentation methods. c. Job Description: The contractor shall place in the file the job description of the subsidized employment opportunity and signed copies of any employment agreements between the client and the contractor. N. Training and Meetings. The contractor shall attend all required Department training and meetings. O. Operations Guide and Memorandums. The contractor shall comply with all procedures and processes outlined in all memorandums issued by the Department related to CW STEP. This includes any memorandums issued prior to the start of this Contract. P. Optional Services. The contractor may choose to include the following services within the scope of CW STEP. a. Administer assessments to identify barriers, develop short- and long-term employment and career goals, skills, and match clients to work assignments that fit their interests, needs, and circumstances b. Provide life skills and job readiness training (such as adhering to workplace norms) in conjunction with subsidized employment. c. Offer connections to work supports and job retention services, such as short-term child care, transportation, and community health resources in order to support subsidized employment assignments when appropriate. 4. PERSONNEL REQUIREMENTS A. Personnel General Requirements. The contractor shall provide sufficient personnel to perform the work described in this Statement of Work to support a client in the subsidized employment opportunity. In the event that the Department determines that the contractor has provided insufficient staff or staff that does not have the necessary skills, knowledge or experience to perform the work, the contractor shall provide additional and replacement staff to perform its obligations. B. Subcontracting. There is no contractual relationship between subcontractors and the Department. The contractual relationship exists only between the contractor and the Department, between whom there is "privity of contract" a. The contractor may choose to subcontract with another agency, organization, or individual to serve as the employer of record. Any Exhibit A — Statement of Work Page 5 of 7 subcontractors will be specified in the contractor's budget and are subject to the Department's prior approval. b. Budgets cannot be modified to include, delete or change subcontractors without consultation with and approval from the Department. c. The contractor will report on subcontractor activities as a part of their program report. Billing for subcontracted work shall be included as a part of the contractor's submission. 5. OUTCOMES: A. At least 60% of clients shall end the subsidized employment opportunity with the contractor with unsubsidized employment with the contractor or with another employer. B. At exit, at least 40% of clients will have gained marketable skills that are expected to lead to obtaining a living -wage job in the short-term (i.e. less than 2 years). a. The contractor shall clearly document in the case file how these skills will reasonably lead to a living -wage job. 6. BUDGET A. The contractor shall develop a budget in collaboration with the Department. The Department will make recommended changes to the budget based on their experience with overseeing CW STEP. B. Modifications to the budget are made through amendments and are subject to program needs and available funding. The Department shall review written requests for deviations from the scope of work or the approved budget within 2 business days and respond to the request within 5 business days. All change requests must be based on actual or projected data. The Department can approve or deny requests. C. Changes to the budget greater than 20% require approval from the Department. a. The contractor shall submit changes to the budget that are 20% or less via email or written notice to the Department. b. Line item shifts that result in a change to the percentage of funding expended on direct services require pre -approval from the Department. D. The contractor shall develop a process that ensures spending and considers redistribution of funds based on performance and outcomes. E. The contractor shall not use CW STEP funds to supplant other contracts/programs. 7. MONITORING, REPORTING, AND EVALUATION A. Monitoring. The contractor shall use the following monitoring methods to collect data, measure outputs and outcomes, and evaluate overall programming: a. Audit: On an annual basis, the Department will review files for compliance with applicable CW STEP guidelines outlined in this Exhibit A, Statement of Work. These audits may occur on -site or remotely via the agreed upon database. Contractors will be provided audit guidelines and file sample list at least 2 weeks prior to audit. Exhibit A — Statement of Work Page 6 of 7 B. Reporting. The contractor shall collect and track program data and provide client information to the Department. a. Employment outcomes of clients who have ended their subsidized employment. b. A summary of all client's skill attainment, at the end of every program year. C. Evaluation. a Formal evaluation of CW STEP is required by the legislature. The Department will contract with an outside agency to perform this evaluation. The contractor shall comply with all requirements needed to complete this evaluation. b. The Department may conduct informal evaluations of the contractor This may occur at least once during the contract's terms. Additionally, the Department has the right to inspect the contractor's CW STEP records at any reasonable time, in order to assure compliance with and performance of the terms of the contract and its Statement of Work. Any amounts the Department paid improperly shall be immediately returned to the Department or may be recovered in accordance with other remedies. 8. COMPENSATION, INVOICES, AND PAYMENT A. Compensation. a. All reimbursements will be made on a cost -reimbursable basis, based on actual expenditures. b. The specified services provided by the contractor are federally funded and must comply with the Office of Management and Budget guidelines and principles related to allocable and allowable costs. 9. DUTIES AND OBLIGATIONS OF THE DEPARTMENT A. The Department will coordinate information exchanges and training sessions for the contractor, workforce regions, community based organizations, and county departments of human/social services. B. The Department will notify the contractor of any changes to state regulations governing the program. C. The Department will consult with and provide to the contractor the data collection requirements. D. The Department will review spending levels, including actual and encumbered by the contractor as compared to their initial amount of funding. a. The Department will determine whether the contractor is spending at a pace that will allow them to meet their budget. the contractor may be amended to reallocate funds accordingly. E. The Department may increase or decrease the quantity of goods/services described in the section/schedule based upon the rates established in the contract. Exhibit A — Statement of Work Page 7 of 7 Colorado Works Subsidized Training and Employment Program (CW STEP) Budget Exhibit B COUNTY / ORGANIZATION: Employment Services of Weld County ANTICIPATED # OF PARTICIPANTS SERVED 25 AVERAGE COST PER PARTICIPANT $6,000.00 CW STEP FUNDS REQUESTED: $150,000.00 FOR THE PERIOD (anticipated) : July 2022 -June 2023 Budget - Program Costs Total Cost DIRECT COSTS OF TRANSITIONAL JOBS: Subsidized wages $ 150,000 Supportive services Participant Training , ° t tal Direct Cif $ 135,000 PERSONNEL EXPENSES: Administration (Fiscal, Quality Control) 15,000 Tot l e 15,000 CONTRACTUAL SERVICES: OPERATING EXPENSES: Equipment Supplies Marketing Total Berating Exp TRAVEL: Mileage Travel, training, fees Total Travel Expenses OTHER: Total Other Expenses SUB TOTAL of all EXPENSES INDIRECT: Indirect rate: 10.00% Total Indirect Expenses TOTAL PROGRAM COSTS $150,000 Average Cost per Participant Tie anticipated cost that includes client's wages, training, education, supportive services, and other costs you've identified as necessary to administer CW STEP. Administrative Costs 1)o Federally defined as costs necessary for the proper administtation of the TANF program. It includes the costs for general administration, eligibility determination, and program coordination, including indirect or overhead costs. 2) Does not include any direct costs associated with providing program services, such as diversion benefits, case management, job development, screenings and assessments, and the development of employability plans and 3) Expenditures for contract activities are treated as program or administrative costs based on the nature or purpose of the contract. Exhibit C HIPAA BUSINESS ASSOCIATE AGREEMENT This HIPAA Business Associate Agreement ("Agreement") between the State and Contractor is agreed to in connection with, and as an exhibit to, the Contract. For purposes of this Agreement, the State is referred to as "Covered Entity" and the Contractor is referred to as "Business Associate". Unless the context clearly requires a distinction between the Contract and this Agreement, all references to "Contract" shall include this Agreement. 1. PURPOSE Covered Entity wishes to disclose information to Business Associate, which may include Protected Health Information ("PHI"). The Parties intend to protect the privacy and security of the disclosed PHI in compliance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104-191 (1996) as amended by the Health Information Technology for Economic and Clinical Health Act ("HITECH Act") enacted under the American Recovery and Reinvestment Act of 2009 ("ARRA") Pub. L. No. 111-5 (2009), implementing regulations promulgated by the U.S. Department of Health and Human Services at 45 C.F.R. Parts 160, 162 and 164 (the "HIPAA Rules") and other applicable laws, as amended. Prior to the disclosure of PHI, Covered Entity is required to enter into an agreement with Business Associate containing specific requirements as set forth in, but not limited to, Title 45, Sections 160.103, 164.502(e) and 164.504(e) of the Code of Federal Regulations ("C.F.R.") and all other applicable laws and regulations, all as may be amended. 2. DEFINITIONS The following terms used in this Agreement shall have the same meanings as in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. The following terms used in this Agreement shall have the meanings set forth below: a. Business Associate. "Business Associate" shall have the same meaning as the term "business associate" at 45 C.F.R. 160.103, and shall refer to Contractor. b. Covered Entity. "Covered Entity" shall have the same meaning as the term "covered entity" at 45 C.F.R. 160.103, and shall refer to the State. c. Information Technology and Information Security. "Information Technology" and "Information Security" shall have the same meanings as the terms "information technology" and "information security", respectively, in §24-37.5-102, C.R.S. Capitalized terms used herein and not otherwise defined herein or in the HIPAA Rules shall have the meanings ascribed to them in the Contract. 3. OBLIGATIONS AND ACTIVITIES OF BUSINESS ASSOCIATE a. Permitted Uses and Disclosures. i. Business Associate shall use and disclose PHI only to accomplish Business Associate's obligations under the Contract. Page 1 of 9 HIPAA BAA Revised August 2018 i. To the extent Business Associate carries out one or more of Covered Entity's obligations under Subpart E of 45 C.F.R. Part 164, Business Associate shall comply with any and all requirements of Subpart E that apply to Covered Entity in the performance of such obligation. ii. Business Associate may disclose PHI to carry out the legal responsibilities of Business Associate, provided, that the disclosure is Required by Law or Business Associate obtains reasonable assurances from the person to whom the information is disclosed that: A. the information will remain confidential and will be used or disclosed only as Required by Law or for the purpose for which Business Associate originally disclosed the information to that person, and; B. the person notifies Business Associate of any Breach involving PHI of which it is aware. iii. Business Associate may provide Data Aggregation services relating to the Health Care Operations of Covered Entity. Business Associate may de -identify any or all PHI created or received by Business Associate under this Agreement, provided the de -identification conforms to the requirements of the HIPAA Rules. b. Minimum Necessary. Business Associate, its Subcontractors and agents, shall access, use, and disclose only the minimum amount of PHI necessary to accomplish the objectives of the Contract, in accordance with the Minimum Necessary Requirements of the HIPAA Rules including, but not limited to, 45 C.F.R. 164.502(b) and 164.514(d). c. Impermissible Uses and Disclosures. i. Business Associate shall not disclose the PHI of Covered Entity to another covered entity without the written authorization of Covered Entity. ii. Business Associate shall not share, use, disclose or make available any Covered Entity PHI in any form via any medium with or to any person or entity beyond the boundaries or jurisdiction of the United States without express written authorization from Covered Entity. d. Business Associate's Subcontractors. Business Associate shall, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and 164.308(b)(2), ensure that any Subcontractors who create, receive, maintain, or transmit PHI on behalf of Business Associate agree in writing to the same restrictions, conditions, and requirements that apply to Business Associate with respect to safeguarding PHI. ii. Business Associate shall provide to Covered Entity, on Covered Entity's request, a list of Subcontractors who have entered into any such agreement with Business Associate. iii. Business Associate shall provide to Covered Entity, on Covered Entity's request, copies of any such agreements Business Associate has entered into with Subcontractors. e. Access to System. If Business Associate needs access to a Covered Entity Information Technology system to comply with its obligations under the Contract or this Agreement, Business Associate shall request, review, and comply with any and all policies applicable to Covered Entity regarding such Page 2 of 9 HIPAA BAA Revised August 2018 system including, but not limited to, any policies promulgated by the Office of Information Technology and available at http://oit.state.co.us/about/policies. f. Access to PHI. Business Associate shall, within ten days of receiving a written request from Covered Entity, make available PHI in a Designated Record Set to Covered Entity as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.524. g. Amendment of PHI. Business Associate shall within ten days of receiving a written request from Covered Entity make any amendment to PHI in a Designated Record Set as directed by or agreed to by Covered Entity pursuant to 45 C.F.R. 164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 C.F.R. 164.526. ii. Business Associate shall promptly forward to Covered Entity any request for amendment of PHI that Business Associate receives directly from an Individual. h. Accounting Rights. Business Associate shall, within ten days of receiving a written request from Covered Entity, maintain and make available to Covered Entity the information necessary for Covered Entity to satisfy its obligations to provide an accounting of Disclosure under 45 C.F.R. 164.528. i. Restrictions and Confidential Communications. J• i. Business Associate shall restrict the Use or Disclosure of an Individual's PHI within ten days of notice from Covered Entity of: A. a restriction on Use or Disclosure of PHI pursuant to 45 C.F.R. 164.522; or B. a request for confidential communication of PHI pursuant to 45 C.F.R. 164.522. ii. Business Associate shall not respond directly to an Individual's requests to restrict the Use or Disclosure of PHI or to send all communication of PHI to an alternate address. iii. Business Associate shall refer such requests to Covered Entity so that Covered Entity can coordinate and prepare a timely response to the requesting Individual and provide direction to Business Associate. Governmental Access to Records. Business Associate shall make its facilities, internal practices, books, records, and other sources of information, including PHI, available to the Secretary for purposes of determining compliance with the HIPAA Rules in accordance with 45 C.F.R. 160.310. k. Audit, Inspection and Enforcement. Business Associate shall obtain and update at least annually a written assessment performed by an independent third party reasonably acceptable to Covered Entity, which evaluates the Information Security of the applications, infrastructure, and processes that interact with the Covered Entity data Business Associate receives, manipulates, stores and distributes. Upon request by Covered Entity, Business Associate shall provide to Covered Entity the executive summary of the assessment. Page 3 of 9 HIPAA BAA Revised August 2018 ii. Business Associate, upon the request of Covered Entity, shall fully cooperate with Covered Entity's efforts to audit Business Associate's compliance with applicable HIPAA Rules. If, through audit or inspection, Covered Entity determines that Business Associate's conduct would result in violation of the HIPAA Rules or is in violation of the Contract or this Agreement, Business Associate shall promptly remedy any such violation and shall certify completion of its remedy in writing to Covered Entity. 1. Appropriate Safeguards. i. Business Associate shall use appropriate safeguards and comply with Subpart C of 45 C.F.R. Part 164 with respect to electronic PHI to prevent use or disclosure of PHI other than as provided in this Agreement. ii. Business Associate shall safeguard the PHI from tampering and unauthorized disclosures. iii. Business Associate shall maintain the confidentiality of passwords and other data required for accessing this information. iv. Business Associate shall extend protection beyond the initial information obtained from Covered Entity to any databases or collections of PHI containing information derived from the PHI. The provisions of this section shall be in force unless PHI is de -identified in conformance to the requirements of the HIPAA Rules. Safeguard During Transmission. i. Business Associate shall use reasonable and appropriate safeguards including, without limitation, Information Security measures to ensure that all transmissions of PHI are authorized and to prevent use or disclosure of PHI other than as provided for by this Agreement. ii. Business Associate shall not transmit PHI over the internet or any other insecure or open communication channel unless the PHI is encrypted or otherwise safeguarded with a FIPS- compliant encryption algorithm. n. Reporting of Improper Use or Disclosure and Notification of Breach. Business Associate shall, as soon as reasonably possible, but immediately after discovery of a Breach, notify Covered Entity of any use or disclosure of PHI not provided for by this Agreement, including a Breach of Unsecured Protected Health Information as such notice is required by 45 C.F.R. 164.410 or a breach for which notice is required under §24-73-103, C.R.S. ii. Such notice shall include the identification of each Individual whose Unsecured Protected Health Information has been, or is reasonably believed by Business Associate to have been, accessed, acquired, or disclosed during such Breach. iii. Business Associate shall, as soon as reasonably possible, but immediately after discovery of any Security Incident that does not constitute a Breach, notify Covered Entity of such incident. iv. Business Associate shall have the burden of demonstrating that all notifications were made as required, including evidence demonstrating the necessity of any delay. Page 4 of 9 HIPAA BAA Revised August 2018 Business Associate's Insurance and Notification Costs. i. Business Associate shall bear all costs of a Breach response including, without limitation, notifications, and shall maintain insurance to cover: A. loss of PHI data; B. Breach notification requirements specified in HIPAA Rules and in §24-73-103, C.R.S.; and C. claims based upon alleged violations of privacy rights through improper use or disclosure of PHI. ii. All such policies shall meet or exceed the minimum insurance requirements of the Contract or otherwise as may be approved by Covered Entity (e.g., occurrence basis, combined single dollar limits, annual aggregate dollar limits, additional insured status, and notice of cancellation). iii. Business Associate shall provide Covered Entity a point of contact who possesses relevant Information Security knowledge and is accessible 24 hours per day, 7 days per week to assist with incident handling. iv. Business Associate, to the extent practicable, shall mitigate any harmful effect known to Business Associate of a Use or Disclosure of PHI by Business Associate in violation of this Agreement. P. q. Subcontractors and Breaches. Business Associate shall enter into a written agreement with each of its Subcontractors and agents, who create, receive, maintain, or transmit PHI on behalf of Business Associate. The agreements shall require such Subcontractors and agents to report to Business Associate any use or disclosure of PHI not provided for by this Agreement, including Security Incidents and Breaches of Unsecured Protected Health Information, on the first day such Subcontractor or agent knows or should have known of the Breach as required by 45 C.F.R. 164.410. ii. Business Associate shall notify Covered Entity of any such report and shall provide copies of any such agreements to Covered Entity on request. Data Ownership. i. Business Associate acknowledges that Business Associate has no ownership rights with respect to the PHI. ii. Upon request by Covered Entity, Business Associate immediately shall provide Covered Entity with any keys to decrypt information that the Business Association has encrypted and maintains in encrypted form, or shall provide such information in unencrypted usable form. r. Retention of PHI. Except upon termination of this Agreement as provided in Section 5, below, Business Associate and its Subcontractors or agents shall retain all PHI throughout the term of this Agreement, Page 5 of 9 HIPAA BAA Revised August 2018 and shall continue to maintain the accounting of disclosures required under Section 3.h, above, for a period of six years. 4. OBLIGATIONS OF COVERED ENTITY a. Safeguards During Transmission. Covered Entity shall be responsible for using appropriate safeguards including encryption of PHI, to maintain and ensure the confidentiality, integrity, and security of PHI transmitted pursuant to this Agreement, in accordance with the standards and requirements of the HIPAA Rules. b. Notice of Changes. Covered Entity maintains a copy of its Notice of Privacy Practices on its website. Covered Entity shall provide Business Associate with any changes in, or revocation of, permission to use or disclose PHI, to the extent that it may affect Business Associate's permitted or required uses or disclosures. ii. Covered Entity shall notify Business Associate of any restriction on the use or disclosure of PHI to which Covered Entity has agreed in accordance with 45 C.F.R. 164.522, to the extent that it may affect Business Associate's permitted use or disclosure of PHI. 5. TERMINATION a. Breach. i. In addition to any Contract provision regarding remedies for breach, Covered Entity shall have the right, in the event of a breach by Business Associate of any provision of this Agreement, to terminate immediately the Contract, or this Agreement, or both. ii. Subject to any directions from Covered Entity, upon termination of the Contract, this Agreement, or both, Business Associate shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Business Associate in which Covered Entity has an interest. b. Effect of Termination. i. Upon termination of this Agreement for any reason, Business Associate, at the option of Covered Entity, shall return or destroy all PHI that Business Associate, its agents, or its Subcontractors maintain in any form, and shall not retain any copies of such PHI. ii. If Covered Entity directs Business Associate to destroy the PHI, Business Associate shall certify in writing to Covered Entity that such PHI has been destroyed. iii. If Business Associate believes that returning or destroying the PHI is not feasible, Business Associate shall promptly provide Covered Entity with notice of the conditions making return or destruction infeasible. Business Associate shall continue to extend the protections of Section 3 of this Agreement to such PHI, and shall limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. Page 6 of 9 HIPAA BAA Revised August 2018 6. INJUNCTIVE RELIEF Covered Entity and Business Associate agree that irreparable damage would occur in the event Business Associate or any of its Subcontractors or agents use or disclosure of PHI in violation of this Agreement, the HIPAA Rules or any applicable law. Covered Entity and Business Associate further agree that money damages would not provide an adequate remedy for such Breach. Accordingly, Covered Entity and Business Associate agree that Covered Entity shall be entitled to injunctive relief, specific performance, and other equitable relief to prevent or restrain any Breach or threatened Breach of and to enforce specifically the terms and provisions of this Agreement. 7. LIMITATION OF LIABILITY Any provision in the Contract limiting Contractor's liability shall not apply to Business Associate's liability under this Agreement, which shall not be limited. 8. DISCLAIMER Covered Entity makes no warranty or representation that compliance by Business Associate with this Agreement or the HIPAA Rules will be adequate or satisfactory for Business Associate's own purposes. Business Associate is solely responsible for all decisions made and actions taken by Business Associate regarding the safeguarding of PHI. 9. CERTIFICATION Covered Entity has a legal obligation under HIPAA Rules to certify as to Business Associate's Information Security practices. Covered Entity or its authorized agent or contractor shall have the right to examine Business Associate's facilities, systems, procedures, and records, at Covered Entity's expense, if Covered Entity determines that examination is necessary to certify that Business Associate's Information Security safeguards comply with the HIPAA Rules or this Agreement. 10. AMENDMENT a. Amendment to Comply with Law. The Parties acknowledge that state and federal laws and regulations relating to data security and privacy are rapidly evolving and that amendment of this Agreement may be required to provide procedures to ensure compliance with such developments. i. In the event of any change to state or federal laws and regulations relating to data security and privacy affecting this Agreement, the Parties shall take such action as is necessary to implement the changes to the standards and requirements of HIPAA, the HIPAA Rules and other applicable rules relating to the confidentiality, integrity, availability and security of PHI with respect to this Agreement. ii. Business Associate shall provide to Covered Entity written assurance satisfactory to Covered Entity that Business Associate shall adequately safeguard all PHI, and obtain written assurance satisfactory to Covered Entity from Business Associate's Subcontractors and agents that they shall adequately safeguard all PHI. Page 7 of 9 HIPAA BAA Revised August 2018 iii. Upon the request of either Party, the other Party promptly shall negotiate in good faith the terns of an amendment to the Contract embodying written assurances consistent with the standards and requirements of HIPAA, the HIPAA Rules, or other applicable rules. iv. Covered Entity may terminate this Agreement upon 30 days' prior written notice in the event that: A. Business Associate does not promptly enter into negotiations to amend the Contract and this Agreement when requested by Covered Entity pursuant to this Section; or B. Business Associate does not enter into an amendment to the Contract and this Agreement, which provides assurances regarding the safeguarding of PHI sufficient, in Covered Entity's sole discretion, to satisfy the standards and requirements of the HIPAA, the HIPAA Rules and applicable law. b. Amendment of Appendix. The Appendix to this Agreement may be modified or amended by the mutual written agreement of the Parties, without amendment of this Agreement. Any modified or amended Appendix agreed to in writing by the Parties shall supersede and replace any prior version of the Appendix. 11. ASSISTANCE IN LITIGATION OR ADMINISTRATIVE PROCEEDINGS Covered Entity shall provide written notice to Business Associate if litigation or administrative proceeding is commenced against Covered Entity, its directors, officers, or employees, based on a claimed violation by Business Associate of HIPAA, the HIPAA Rules or other laws relating to security and privacy or PHI. Upon receipt of such notice and to the extent requested by Covered Entity, Business Associate shall, and shall cause its employees, Subcontractors, or agents assisting Business Associate in the performance of its obligations under the Contract to, assist Covered Entity in the defense of such litigation or proceedings. Business Associate shall, and shall cause its employees, Subcontractor's and agents to, provide assistance, to Covered Entity, which may include testifying as a witness at such proceedings. Business Associate or any of its employees, Subcontractors or agents shall not be required to provide such assistance if Business Associate is a named adverse party. 12. INTERPRETATION AND ORDER OF PRECEDENCE Any ambiguity in this Agreement shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules. In the event of an inconsistency between the Contract and this Agreement, this Agreement shall control. This Agreement supersedes and replaces any previous, separately executed HIPAA business associate agreement between the Parties. 13. SURVIVAL Provisions of this Agreement requiring continued performance, compliance, or effect after termination shall survive termination of this contract or this agreement and shall be enforceable by Covered Entity. Page 8 of 9 HIPAA BAA Revised August 2018 APPENDIX TO HIPAA BUSINESS ASSOCIATE AGREEMENT This Appendix ("Appendix") to the HIPAA Business Associate Agreement ("Agreement") is s an appendix to the Contract and the Agreement. For the purposes of this Appendix, defined terms shall have the meanings ascribed to them in the Agreement and the Contract. Unless the context clearly requires a distinction between the Contract, the Agreement, and this Appendix, all references to "Contract" or "Agreement" shall include this Appendix. 1. PURPOSE This Appendix sets forth additional terms to the Agreement. Any sub -section of this Appendix marked as "Reserved" shall be construed as setting forth no additional terms. 2. ADDITIONAL TERMS a. Additional Permitted Uses. In addition to those purposes set forth in the Agreement, Business Associate may use PHI for the following additional purposes: i. Reserved. b. Additional Permitted Disclosures. In addition to those purposes set forth in the Agreement, Business Associate may disclose PHI for the following additional purposes: i. Reserved. c. Approved Subcontractors. Covered Entity agrees that the following Subcontractors or agents of Business Associate may receive PHI under the Agreement: i. Reserved. d. Definition of Receipt of PHI. Business Associate's receipt of PHI under this Contract shall be deemed to occur, and Business Associate's obligations under the Agreement shall commence, as follows: i. Reserved. e. Additional Restrictions on Business Associate. Business Associate agrees to comply with the following additional restrictions on Business Associate's use and disclosure of PHI under the Contract: i. Reserved. f. Additional Terms. Business Associate agrees to comply with the following additional terms under the Agreement: i. Reserved. Page 9 of 9 HIPAA BAA Revised August 2018 Contract Form New Contract Request Entity Information ❑ New Entity? Entity Name* Entity ID* COLORADO DEPARTMENT OF HUMAN '0O003650 SERVICES Contract Name. Contract ID COLORADO DEPARTMENT OF HUMAN SERVICES CW STEP 6467 PO# IHGA 202300O01095. Contract Status CTB REVIEW Contract Lead* WLUNA Parent Contract I© Requires Board Approval YES Contract Lead Email Department Project # wiuna' weldgov.com;cobbx xiki6weidgov.cortt Contract Description* COLORADO DEPARTMENT OF HUMAN SERVICES COLORADO WORKS SUBSIDIZED TRAINING AND EMPLOYMENT PROGRAM (CW STEP) PO# IHGA 202300001095. TERM: 07,01/2022 TO 06,30.2023. Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 11/17/2022. Contract Type CONTRACT Amount. 31 50,000.00 Renewable* NO Automatic Renewal Grant IGA Department HUMAN SERVICES Department Email CM - H urnanServices6weidgov.co Department Head Email CM-HumanServices- DeptHead veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY/RWELDG OV.COM Requested B©CC Agenda Date* 11,23/2022 Due Date 11 / 19;'2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date. 04/28,2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Committed Delivery Date Expiration Date* 06/30/2023 Contact Type Contact Email Contact Phone I Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH DH Approved Date 11/22/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/3012022 Originator WLUNA Finance Approver CHERYL PATTELLI Legal Counsel MATTHEW CONROY Finance Approved Date Legal Counsel Approved Date 11/25/2022 11'28x2022 Tyler Ref AG 113022 Mariah Higgins From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Hi CTB, Windy Luna Monday, March 20, 2023 11:31 AM CTB HS -Contract Management FW: COMMUNICATION ITEM: Colorado Works STEP Budget Adjustment CW STEP PO SFY22 (e).pdf; Karina - email for STEP.pdf; Weld County CW Step Budget 7.2022-6.2023.xlsx - Budget Updated 3.2023.pdf Follow up Flagged I would like to add, the attached CW STEP PO is for reference only. The New Budget and email from Karina are the Communication Items that would be added in Tyler (2022-3315). I apologize if my first email was confusing! Thank you, Windy Luna Contract Management and Compliance Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 (970) 353-5212 ®wluna@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Windy Luna Sent: Monday, March 20, 2023 11:16 AM To: CTB <CTB@co.weld.co.us> Cc: HS -Contract Management <HS-ContractManagement@co.weld.co.us> Subject: COMMUNICATION ITEM: Colorado Works STEP Budget Adjustment Good morning CTB, COMMUNICATION ITEM: Ca M1-lc,n c.o.+Zcin.5 oy/oS/23 LO22- 331S MRooct-t Attached please find the executed CW STEP PO (Tyler ID 2022-3315), an email from Karina Amaya Ragland explaining how the Budget has been divided with no changes to the monetary amount, and a copy of the new Budget. Please let me know if anything else is needed. Thank you, Windy Luna Contract Management and Compliance Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 (970) 353-5212 ®wluna@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 From: jKarina Amaoa Ragland To: HS -Contract Management Cc: Julie Atkinson. Megan Kelly; John Kruse; Cecilia Maichrowski; Ruth DeBoer Subject: CW STEP Budget Adjustment Date: Friday, March 17, 2023 1:32:43 PM Attachments: Weld County CW Step Budget 7.2022-6.2023.xlsx - Budget Undated 3.2023.odf jmaae001.ong Good afternoon, Attached is the updated budget for the CW STEP Program. We previously had $135,000 in subsidized wages; we divided it up to use funds for supportive services and training for STEP participants as well as subsidized wages. Please let me know if you have additional questions or need clarification of any kind. Thank you, KarinaAmaya-Ragland, CWDP Workforce Director Employment Services of Weld County Weld County Department of Human Services 315 N. 11th Avenue, Building B Greeley, CO. 80631 tel: 970-400-6763 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Colorado Works Subsidized Training and Employment Program (CW STEP) Budget Exhibit A COUNTY/ ORGANIZATION: Employment Services of Weld County ANTICIPATED S OF PARTICIPANTS SERVED 25 AVERAGE COST PER PARTICIPANT $6,000.00 CW STEP FUNDS REQUESTED: $150,000.00 FOR THE PERIOD (anticipated): July 2022 -June 2023 Budget — Program Costs Total Cost DIRECT COSTS OF TRANSITIONAL JOBS: Subsidized wages Supportive services Partici.ant Training 105,000 10,000 20,000 135 000 PERSONNEL EXPENSES: Administration (Fiscal, Quality Control) 15,000 15,000 CONTRACTUAL SERVICES: OPERATING EXPENSES: Equipment Supplies Marketing TRAVEL: Mileage Travel, training, fees OTHER: $150,000 Hello