HomeMy WebLinkAbout20220638.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL DATA -ACCESS CONTRACT A AU HO Z
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld unty, Colorad pursuant to
Colorado statute and the Weld County Home Rule Charter, i vest with the uthority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an tergovernm I Data -Access
Contract between the County of Weld, State of Colorado, by an through t Board of County
Commissioners of Weld County, on behalf of the Department Human Services, and the
Colorado Department of Labor and Employment, Division of Unemployment Insurance,
commencing upon full execution of signatures, and endin , 2027, with further terms
and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it visable approve said contract, a copy
of which is attached hereto and incorporated herein by r erence.
NOW, THEREFORE, BE IT RES LV by the B a d of County Commissioners of Weld
County, Colorado, that the Intergovernm tal Data-Acce Contract between the County of Weld,
State of Colorado, by and through the Bo d of County ommissioners of Weld County, on behalf
of the Department of Human Services, an the Color o Department of Labor and Employment,
Division of Unemployment In ce, be, a her is, approved.
BE IT FURTHER R SOLVED a Board that the Chair be, and hereby is, authorized
to sign said contract.
The above nd foregoing Resoluti was, on motion duly made and seconded, adopted
by the following v eon the 23rd day of bruary, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, COLORADO
AT EST:
Sc t K. James, Chair
Wel ount Clerk to the Board
- - Mi re man, Pro -T
BY:
Deput le to the Boar
0 i Perry L. Bu
AP D AS OR ��i -
teve Moreno
County Atto ney Lori S -
Date of signature: O3/O7_/27-
CC: I -IS D 2022-0638
IK/1 /.22 HR0094
Cheryl Hoffman
From: Cheryl Hoffman
Sent: Thursday, April 7, 2022 9:27 AM
To: Lesley Cobb
Cc: Esther Gesick; Chloe White; HS -Contract Management
Subject: RE: Intergovernmental Data Access Cnntrart
Thank you for your response, Lesley. We II wait to hear from you.
Cheryl L. Hoffman
Deputy Clerk to the Board
1150O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
Sots S� vtd� O 6f
/&D . F,m SLn1 4A401 3I
oa bJ2.t p
From: Lesley Cobb <cobbxxlk@weldgov.com>
Sent: Thursday, April 7, 2022 9:17 AM
To: Cheryl Hoffman <choffman@weldgov.com> �71yy'
Cc: Esther Gesick <egesick@weldgov.com>; Chloe White <cwhite@weldgov.com>; rts-Lonudct ividndgriiieiuL
ContractManagement@co.weld.co.us>
Subject: RE: Intergovernmental Data Access Contract
Hi all,
Yes, after this went through and was approved, the State decided they wanted to add some language. The new version
was sent to Legal for their review and that is where it is at. I will follow up with Legal to see where they are on their
review/approval and will keep you posted.
Thanks and have a great day!
Lesley Cobb
Contract Management and Compliance Supervisor
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
?(970) 400-6512
g (970) 353-5212
®cobbxx1kc2i we1dgov.com
e
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1
From: Cheryl Hoffman <choffman@weldgov.com>
Sent: Thursday, April 7, 2022 7:46 AM
To: Lesley Cobb <cobbxxlk@weldgov.com>
Cc: Esther Gesick <egesick@weldgov.com>; Chloe White <cwhite@weldgov.com>; Cheryl Hoffman
<choffman@weldgov.com>
Subject: Intergovernmental Data Access Contract
Good morning, Lesley,
I'm just checking on this one that was on the Board's agenda and approved February 23, 2022. It was OnBase #5577,
Tyler #2022-0638. See attached.
We have been holding this one, per Esther's note from you:
- State sending new Agreement;
-This item sent Upstream 3/1/22;
-Will be Rescinded and new item approved.
Have you heard anything on this? Please let us know.
Thanks, and enjoy your day, Lesley! ::
Cheryl L. Hoffman
Deputy Clerk to the Board
1150O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
2
vac- lDit55'l-1
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: February 15, 2022
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Intergovernmental Data Access Contract with the
Colorado Department of Labor and Employment,
Division of Unemployment Insurance.
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Intergovernmental Data Access Contract with the
Colorado Department of Labor and Employment, Division of Unemployment Insurance. The
Department is requesting to enter into an Intergovernmental Data -Access Contract with the Colorado
Department of labor and Employment, Division of Unemployment Insurance allowing access to the
Colorado Unemployment Benefits System (MyUI+) and the Colorado Tax System (CATS). This access
will be used for the purpose of verifying client eligibility via unemployment insurance wage records and
for review of employer job match.
This is a non -financial contract in which the initial term shall commence on the later of the Effective Date
or March 1, 2022 and end on February 28, 2027, unless previously terminated by one of the parties
pursuant to the terms of the contract.
I do not recommend a Work Session. I recommend approval of this Contract and authorize the
Department Workforce Director and the Chair to sign electronically via DocuSign.
Approve schedule
Recommendation Work Session Other/Comments:
Mike Freeman, Pro -Tern
Scott K. James, Chair
Steve Moreno
Lori Saine
Pass -Around Memorandum; February 15, 2022- CMS ID 5577
2022-0638
INTERGOVERNMENTAL DATA -ACCESS CONTRACT
COVER PAGE
State Agency (Provider)
Contract Number
Colorado Department of Labor and Employment,
CRN 7073
acting by and through the Division of
Unemployment Insurance
Weld County Workforce Center
Contract Performance Beginning Date
The later of the Effective Date or 03/01/2022
Contract Expiration Date
Nonfinancial Contract
02/28/2027
Contract Authority
§8-72-107, C.R.S.
Contract Purpose
To provide Participating Entity access to data kept and maintained by Provider as described herein.
Principal Representatives
For State Agency (Provider):
For Participating Entity
Phil Spesshardt, Unemployment Insurance Director
Scott James, Chair
Colorado Department of Labor and Employment
Board of Weld County Commissioners
251 East 12th Avenue
1150 O Street
Denver, CO 80203
Greeley, CO 80632
Ph: 303.318.9095
Ph: 970-336-7204
Email: phil.spesshardt(a�state.co.us
Email: sjames@weldgov.com
With a copy to:
Renee Rita Kennedy, Procurement Director
Colorado Department of Labor and Employment
Karina Amaya-Ragland, Workforce Director
633 17th Street, 11th Floor
Employment Services of Weld County
Denver, CO 80202
315 N 11th Ave., Building B
Ph: 303-318-8054
P.O. Box A
Email: reneerita.kennedygstate.co.us
Greeley, CO 80632
and:
Ph: 970-400-6763
Email: kamaya(a�weld og v.com
Rita Sanchez (or designee)
Contract Coordinator
Colorado Dept. of Labor and Employment
Unemployment Insurance Policy
251 E. 12th Avenue
Denver, CO 80203
303-318-9330
Email: rita.sanchezgstate.co.us
c2o -04,
Intergovernmental Data Access Contract
CDLE#7073
SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this
Contract and to bind the Party authorizing his or her signature.
PROVIDER
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Labor and Employment
Joe M. Barela, Executive Director
By: Phil Spesshardt, Unemployment Insurance
Director
Date:
In accordance with §24-30-202, C.R.S., if this
Contract is for a Major Information Technology
Project, this Contract is not valid until signed and
dated below by the Chief Information Officer or an
authorized delegate.
CHIEF INFORMATION OFFICER
Theresa M. Szczurek, Ph.D., Chief Information
Officer and Executive Director
❑ Brenda Berlin, Deputy Chief Information Officer
and Chief Financial Officer
❑ Laura Calder, Deputy Chief Financial Officer
Date:
PARTICIPATING ENTITY
Weld County Board of County Commissioners
Scott James, Chair
By:
Board of County Commissioners, Chair
Date:
2nd State or Participating Entity signature if
Needed
By:
Karina Amaya-Ragland, Workforce Director
Date:
In accordance with §24-30-202, C.R.S., this
Contract is not valid until signed and dated below
by the State Controller or an authorized delegate.
By:
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Paulina Debra, State Controller Delegate
Effective Date:
-
Intergovernmental Data Access Contract
CDLE#7073
This Intergovernmental Data -Access Contract ("Contract") is entered into by and between the State of Colorado
("State") acting by and through the Department of Labor and Employment ("Provider" or "CDLE") acting by
and through the Division of Unemployment Insurance (UI) and Board of County Commissioners of Weld County,
acting by and through the Weld County Workforce Center ("Participating Entity"). Collectively, the
aforementioned entities constitute the "Parties." This Contract may refer to either as a "Party".
1. EFFECTIVE DATE and TERM.
A. Term
The effective date ("Effective Date") of this Contract is 03/01/2022, or the date the State Controller signs
this Contract, whichever is later. The term of this Contract shall commence on the Effective Date and end
on the Contract Expiration Date specified on the Cover Page, unless previously terminated by one of the
Parties pursuant to the terms of this Contract. The total duration of this Contract shall not exceed 5 years
from its Effective Date.
B. End of Term Extension
If this Contract approaches the end of its Term, Provider, at its discretion, upon written notice to
Participating entity as provided in §10.J, may unilaterally extend the Term for a period not to exceed 2
months (an "End of Term Extension"). The provisions of this Contract in effect when such notice is
given shall remain in effect during the End of Term Extension. The End of Term Extension shall
automatically terminate upon execution of a replacement contract or modification extending the total term
of this Contract.
2. FINANCIAL UNDERSTANDING
When applicable and not specified elsewhere, this Contract states a non -financial understanding between
Recipient and Provider. No financial obligation by or on behalf of either Party is implied by a Party's
signature at the end of this Contract. The terms of any financial liability that arises from data processing
activities carried out in support of the responsibilities covered herein must be negotiated separately and to
the mutual satisfaction of the Parties. The legal authority for data sharing for specified purposes conveyed
by this Contract cannot be used to support a subsequent claim of implied agreement to financial obligation.
3. SCOPE OF ACCESS TO, AND PERMITTED USE OF, PROVIDER INFORMATION.
a. In this Contract, "Provider Information" means any and all data, information and records, regardless of
physical form, kept or maintained by Provider or any other agency of the State of Colorado, which is not
subject to disclosure under the Colorado Open Records Act, §24-72-200.1, et seq., C.R.S., and which
Participating Entity acquires from the State pursuant to this Contract.
b. In accordance with §8-72-107, C.R.S., the employees of Participating Entity are public employees
performing their public duties. Provider will grant Participating Entity and Participating Entity's
employees access and use of Provider Information within Provider's information systems for the purpose
of verifying its clients eligibility via unemployment insurance wage records and for review of employer
information for job match.
c. Participating Entity acknowledges that it is solely responsible for any breach of the confidentiality of
Provider Information or of Provider's information systems by Participating Entity, its employees, agents,
or licensees. (See §8-72-107, C.R.S.)
Intergovernmental Data Access Contract
CDLE#7073
4. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO, AND USE OF, PROVIDER
INFORMATION.
A. Duties and Obligations of Provider.
i. Provider shall give Participating Entity and Participating Entity's employees access to Provider
Information through a computer interface, as Provider deems appropriate in its sole discretion.
Access shall be available from 8:00 a.m. to 5:00 p.m., Monday through Friday (except for legal
State holidays), barring machine or power failure, or overload of the network.
ii. Beginning on the Effective Date of this Contract, Provider shall give Participating Entity access to
and use of Provider Information within the following Provider information systems:
x❑ MyUI+ (Benefits inquiry only)
iii. Provider shall train Participating Entity's employees, as necessary, with regard to the policies and
operating procedures related to accessing and using Provider's information systems for the
purposes designated in §3 above.
iv. Disclaimer and Limitation of Liability. Provider does not guarantee the accuracy of the
information provided to Participating Entity pursuant to this Contract. Provider's obligation to
provide information to Participating Entity is contingent upon the availability of the requested
information within the State's computer system. Participating Entity expressly agrees that Provider
shall not be liable to Participating Entity for damages, in whatever form or however characterized
or claimed, from inadequacies with, or in, Provider Information.
B. Duties and Obligations of Participating Entity.
i. Participating Entity shall comply in all respects with §8-72-107, C.R.S. Specifically, Participating
Entity shall not release any Provider Information to any other person or entity other than the
individual wage earner, benefit recipient, or employing unit. Section 8-72-107, C.R.S., 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....
ii. Participating Entity shall release Provider Information only to the individual wage earner, benefit
recipient, or employing unit if it is prepared and presented by Participating Entity on its own
Intergovernmental Data Access Contract
CDLE#7073
letterhead or affidavit. Specifically, Participating Entity shall not release information via screen
prints of Provider Information from the database.
iii. Participating Entity shall use and access Provider Information only as authorized in §3, above.
Only those employees of Participating Entity who are directly responsible for the use specified in
§3 above shall have access to, or use of, Provider Information. Prior to allowing any employee of
Participating Entity to access or use any Provider Information or participate in any activity,
Participating Entity shall require any such employee to review and agree to the usage and access
terms outlined by Provider and provided to Participating Entity by Provider. For each user, the
Security Coordinator identified by the Participating Entity shall require that each user sign the
required compliance forms in Exhibit A before requesting access. The Participating Entity's
Security Coordinator shall request access via the Provider's Security Coordinator using this
designated method. Participating Entity's Security Coordinator shall maintain completed forms
for each user and shall provide to Provider's Contract Coordinator or designee for review upon
request. The acceptance or denial of the request for access is solely determined at the discretion of
Provider.
iv. Participating Entity shall keep Provider Information confidential and shall protect the security of
Provider's information systems.
a. Participating Entity shall take all necessary precautions, including, but not limited to:
(1) safeguarding the storage of Provider Information,
(2) restricting which employees are given access to Provider Information and to Provider's
information systems, and
(3) protecting Provider Information and Provider information systems from unauthorized
access, usage, or release.
(4) ensuring that all of Participating Entity's employees who will have access to Provider
Information have passed comprehensive criminal background checks, prior to giving them
access to Provider Information.
b. Participating Entity shall cooperate with Provider reviews of Participating Entity access, including
but not limited to reviewing the reason for access, providing detailed user information, and
permitting employees or authorized agents of Provider to make on -site inspections, during normal
business hours, to ensure that Participating Entity is in compliance with the requirements of this
Contract and any applicable State and federal statutes or regulations.
v. Participating Entity shall designate a Security Coordinator to act as the primary point of contact
for user access, including requesting changes to the access or that a user be deleted. The Security
Coordinator shall restrict access to only those employees of Participating Entity whose duties are
directly responsible for the use specified in §3, above, and shall maintain completed compliance
forms for each user. Either Party shall notify the other of a change in the identified Security
Coordinator or other contact information by written notice delivered to the Party's Principle
Representative(s) designated on the Cover Page of this Contract, no later than twenty-five (25)
business days from the effective date of such change. See Exhibit B for Security
Coordinator/Backup Security Coordinator Responsibilities.
Intergovernmental Data Access Contract
CDLE#7073
The Security Coordinator information for both Parties:
Provider:
CDLE UI Access
Security Coordinator
Colorado Dept. of Labor and Employment
251 East 12th Ave.
Denver, Co 80202
Ph: 303-318-9090
Email: cdle ui access@state.co.us
Participating Entity:
Kimberly Rino
Organizational Integrity Division Head
315 N 11th Ave., Building C
P.O. Box A
Greeley, CO 80632
Ph: 970-400-6006
Email: krino e,weldgov.com
vi. Participating Entity shall comply with all security and access procedures established by Provider.
Participating Entity shall submit to Provider's Security Coordinator or designee the names and
contact information of all employees for whom authorization to access Provider Information is
granted.
vii. The Participating Entity's Security Coordinator must notify Provider's Security Coordinator
within five (5) calendar days when a user's access to Provider Information is no longer required
because of a change of employer or job duties to preclude continued, unauthorized access.
viii. If Participating Entity becomes aware that a security breach may have occurred with respect to
Provider Information, Participating Entity shall conduct a prompt investigation to determine the
likelihood that such Provider Information has been or will be misused. A "security breach" shall
be any unauthorized acquisition of unencrypted Provider Information that compromises the
security, confidentiality or integrity of the Provider Information. Participating Entity shall give
notice to Provider of the possible security breach and of the results of Participating Entity's
investigation within five (5) business days after Participating Entity becomes aware of the possible
security breach. Participating Entity shall send any notice pursuant to this paragraph to Provider's
Representatives designated on the Cover Page of this Contract and to Provider's Security
Coordinator designated above.
5. THIRD PARTY ACCESS TO PROVIDER INFORMATION
A. Participating Entity shall not give any third party access to Provider Information or to Provider's
information systems without Provider's written permission. The acceptance or denial of a request for
third party access to Provider Information shall be solely determined at the discretion of Provider. A
third party to which Participating Entity gives access to Provider Information or to Provider's
information systems shall hereinafter be a "Third Party".
B. Prior to allowing any Third Party to access or use any Provider Information or to participate in any
activity involving Provider Information or Provider's information systems, Participating Entity shall:
i. Give Provider reasonable notice that identifies the Third Party and any employees of the Third
Party to which Participating Entity plans to grant access and the Provider Information or Provider's
information systems to which they are to have access.
ii. Require the Third Party to review and agree to the usage and access terms outlined by Provider
and provided to Participating Entity by Provider.
Intergovernmental Data Access Contract
CDLE#7073
iii. Ensure that the Third Party and all of the Third Party's employees and agents that will have access
to Provider Information or to Provider's information systems pass background checks in a form
reasonably acceptable to Provider.
iv. Require that the Third Party or each employee of such Third Party who will have access to Provider
Information or Provider's information systems sign the required compliance forms in Exhibit A
before receiving access. Participating Entity's Security Coordinator shall maintain completed
forms for each user and shall provide them to Provider's Security Coordinator or designee for
review upon request.
v. Require that the Third Party provide for the security of Provider Information in a manner
acceptable to Provider, including, without limitation, use of appropriate technology, security
practices, computer access security, data access security, data storage encryption, data
transmission encryption, security inspections, and audits.
C. Provider may in its sole discretion reject any plan to provide any Third Party or any employee of a
Third Party access to any Provider Information or Provider's information systems, and Participating
Entity shall not grant the Third Party or its employee access to any Provider Information or Provider's
information systems after Provider rejects Participating Entity's plan to grant that Third Party or its
employee access to Provider Information or Provider's information systems.
D. Provider may at any time, in its sole discretion, revoke its permission for Participating Entity to give
a Third Party or a Third Party's employee access to Provider Information or Provider's information
systems. If Provider revokes such permission, Participating Entity shall immediately terminate the
access of the Third Party or the Third Party's employee, as the case may be, and take reasonable steps
to recover any Provider Information then in the possession, custody or control of the Third Party or
the Third Party's employee.
E. A violation of any part of this Section 5 shall be a material breach of this Contract.
6. INSURANCE
Participating Entity shall obtain and maintain, and shall ensure that each Third Party shall obtain and
maintain insurance as specified in this section at all times during the term of this Contract. All insurance
policies required by this Contract that are not provided through self-insurance shall be issued by insurance
companies as approved by CDLE.
A. Participating Entity Insurance
Participating Entity is a "public entity" within the meaning of the Colorado Governmental Immunity
Act, §24-10-101, et seq., C.R.S. (the "GIA") and shall maintain at all times during the term of this
Contract such liability insurance, by commercial policy or self-insurance, as is necessary to meet its
liabilities under the GIA or any other governmental immunity statute that applies to Participating
Entity.
B. Third Party Requirements
Participating Entity shall ensure that each Third Party that is a public entity within the meaning of the
GIA, maintains at all times during the terms of this Contract, such liability insurance, by commercial
policy or self-insurance, as is necessary to meet the Third Party's obligations under the GIA.
Participating Entity shall ensure that each Third Party that is not a public entity within the meaning of
the GIA, maintains at all times during the terms of this Contract all of the following insurance policies:
i. Workers' Compensation
Intergovernmental Data Access Contract
CDLE#7073
Workers' compensation insurance as required by state statute, and employers' liability
insurance covering all Third Party employees acting within the course and scope of their
employment.
ii. General Liability
Commercial general liability insurance covering premises operations, fire damage,
independent contractors, products and completed operations, blanket contractual liability,
personal injury, and advertising liability with minimum limits as follows:
a. $1,000,000 each occurrence;
b. $1,000,000 general aggregate;
c. $1,000,000 products and completed operations aggregate; and
d. $50,000 any 1 fire.
iii. Protected Information
Liability insurance covering all loss of Provider Information, such as PIT and Tax Information,
and claims based on alleged violations of privacy rights through improper use or disclosure of
protected information with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $2,000,000 general aggregate.
iv. Professional Liability Insurance
Professional liability insurance covering any damages caused by an error, omission or any
negligent act with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
v. Crime Insurance
Crime insurance including employee dishonesty coverage with minimum limits as follows:
a. $1,000,000 each occurrence; and
b. $1,000,000 general aggregate.
C. Additional Insured
The State shall be named as additional insured on all commercial general liability policies (leases and
construction contracts require additional insured coverage for completed operations) required of
Participating Entity and Third Parties.
D. Primacy of Coverage
Coverage required of Participating Entity and each Third Party shall be primary over any insurance or
self-insurance program carried by Participating Entity or the State.
E. Cancellation
All commercial insurance policies shall include provisions preventing cancellation or non -renewal,
except for cancellation based on non-payment of premiums, without at least thirty (30) days prior
8
Intergovernmental Data Access Contract
CDLE#7073
notice to Participating Entity; and Participating Entity shall forward such notice to CDLE in
accordance with §10.J within seven (7) days of Participating Entity's receipt of such notice.
F. Subrogation Waiver
All commercial insurance policies secured or maintained by Participating Entity or Third Parties in
relation to this Contract shall include clauses stating that each carrier shall waive all rights of recovery
under subrogation or otherwise against Participating Entity or the State, its agencies, institutions,
organizations, officers, agents, employees, and volunteers.
G. Certificates
For each commercial insurance plan provided by Participating Entity under this Contract, Participating
Entity shall provide to CDLE certificates evidencing Participating Entity's insurance coverage
required in this Contract within seven (7) business days following the Effective Date. Participating
Entity shall provide to CDLE certificates evidencing Third Party insurance coverage required under
this Contract within seven (7) business days following the Effective Date, except that, if Participating
Entity has not arranged to provide a Third Party with access to Provider Information as of the Effective
Date, Participating Entity shall provide to CDLE certificates showing Third Party insurance coverage
required under this Contract within seven (7) business days following Participating Entity's agreement
with such Third Party. No later than fifteen (15) days before the expiration date of Participating
Entity's or any Third Party's coverage, Participating Entity shall deliver to CDLE certificates of
insurance evidencing renewals of coverage. At any other time during the term of this Contract,
Participating Entity shall, within seven (7) business days following a request by CDLE, supply to the
State evidence satisfactory to CDLE of compliance with the provisions of this §6.
7. NOTICE AND CURE
A. In the event of a breach of this Contract, the aggrieved Party shall give written notice of breach to the
other Party. Provider's Procurement Director shall give any notice that Provider gives under this §7.
B. If the notified Party does not cure the breach, at its sole expense, within thirty (30) days after the
delivery of written notice, the aggrieved Party may exercise any of the remedies as described in §8 for
that Party.
C. Notwithstanding any provision of this Contract to the contrary, CDLE, in its discretion, need not
provide notice or a cure period and may immediately terminate this Contract in whole or in part or
institute any other remedy in this Contract in order to protect the public interest of the State.
8. REMEDIES
A. State's Remedies
If Participating Entity is in breach under any provision of this Contract and fails to cure such breach,
the State, following the notice and cure period set forth in §7, shall have all of the remedies listed in
this section, in addition to all other remedies set forth in this Contract or at law. The State may exercise
any or all of the remedies available to it, in its discretion, concurrently or consecutively.
i. Termination for Breach
In the event of Participating Entity's uncured breach, the State may terminate this entire
Contract or any part of this Contract. Participating Entity shall continue performance of this
Contract to the extent not terminated, if any.
a. Obligations and Rights
Intergovernmental Data Access Contract
CDLE#7073
Participating Entity shall take timely, reasonable and necessary action to protect and
preserve Provider Information in the possession, custody or control of Participating
Entity.
b. Damages and Withholding
Notwithstanding any other remedial action by the State, Participating Entity shall remain
liable to the State for any damages sustained by the State in connection with any breach
by Participating Entity.
ii. Remedies Not Involving Termination
Provider, in its discretion, may exercise one or more of the following additional remedies:
a. Suspend Performance
Suspend Participating Entity's access to Provider Information. Participating Entity shall
promptly cease accessing and using Provider Information or Provider information
systems in accordance with Provider's directive, and Provider shall not be liable for costs
incurred by Participating Entity after the suspension of performance.
b. Removal
Demand immediate termination of access to Provider Information or any of Participating
Entity's employees or agents, or of any third party or employee of a third party to which
Participating Entity granted access to Provider Information, if Provider deems continued
access to Provider Information by such employee, agent, third party or third party's
employee to be contrary to the public interest or the State's best interest.
B. Participating Entity's Remedies
If Provider is in breach of any provision of this Contract and does not cure such breach, Participating
Entity, following the notice and cure period in §7 and the dispute resolution process in §9, shall have
all remedies available at law and equity.
9. DISPUTE RESOLUTION
A. Initial Resolution
Except as herein specifically provided otherwise, disputes concerning the performance of this Contract
which cannot be resolved by the designated Contract representatives shall be referred in writing to a
senior departmental management staff member designated by Provider and a senior manager
designated by Contract or for resolution.
B. Resolution of Controversies
If the Initial Resolution described in §9.A fails to resolve the dispute within ten (10) business days,
Participating Entity shall submit any alleged breach of this Contract by Provider to the Procurement
Director of CDLE for resolution in accordance with the provisions of §24-106-109, and 24-109-101.1
through 24-109-505, C.R.S. (the "Resolution Statutes"). If Participating Entity wishes to challenge
any decision rendered by CDLE's Procurement Director, Participating Entity's challenge shall be an
appeal to the Executive Director of the Department of Personnel and Administration, or their delegate,
under the Resolution Statutes before Participating Entity pursues any further action as permitted by
such statutes. Except as otherwise stated in this Section, all requirements of the Resolution Statutes
shall apply including, without limitation, time limitations.
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Intergovernmental Data Access Contract
CDLE#7073
10. ADDITIONAL PROVISIONS.
A. Legal Authority.
The Parties warrant that each possesses actual, legal authority to enter into this Contract. The person
or persons signing this Contract, or any attachments or amendments hereto, also warrant that such
person or persons have actual legal authority to execute this Contract, or any attachments or
amendments hereto.
B. Relationship of Parties.
Participating Entity shall perform its duties hereunder as an independent Contractor and not as an
employee of Provider. Neither Participating Entity nor any employee or agent of Participating Entity
shall be, or shall be deemed to be an employee or agent of Provider by nature of this Contract.
Participating Entity shall pay when due all required employment taxes, income tax, and local head tax
on any monies paid pursuant to this Contract. Participating Entity acknowledges that Participating
Entity and its employees are not entitled to unemployment insurance benefits unless Participating
Entity or a third party provides such coverage and that Provider does not pay for or otherwise provide
such coverage. Participating Entity shall have no authorization, either expressed or implied, to bind
Provider to any agreements, liability or understandings except as expressly set forth herein.
Participating Entity shall provide and keep in force, when applicable, 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 Participating
Entity, its employees and agents.
C. Assignment.
Participating Entity's rights, duties, and obligations under this Contract may not be assigned,
delegated, or otherwise transferred to any other entity without the prior express, written consent of
Provider.
D. Performance Monitoring.
i. Participating Entity 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
Entity pursuant to the terms of this 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 does not unduly interfere with the performance of Participating Entity's duties or
obligations under this Contract.
ii. If Participating Entity provides a third party with access to Provider Information, Participating
Entity shall ensure that such third party permits Provider, the United States Department of Labor,
or any other duly authorized governmental agent or agency, to monitor all activities conducted by
the third party with Provider Information. 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.
iii. Participating Entity authorizes Provider to perform audits or inspections of Participating Entity's
records at any reasonable time during the term of this Contract and for a period of six (6) years
following the termination of this Contract for purposes of inspecting and monitoring access and
use of Provider Information and evaluating security control effectiveness.
E. Ownership of Materials and Information.
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Intergovernmental Data Access Contract
CDLE#7073
Participating Entity shall not create materials or studies in any manner using Provider Information.
Participating Entity agrees that all Provider Information is the sole property of Provider.
F. Notice of Pending Litisation.
Unless otherwise provided for, Participating Entity 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 Contract; and deliver copies of any such
document or documents to Provider.
G. Waiver.
The waiver of any breach of any term or provision of this Contract shall not be construed as a waiver
of a breach of any other term or provision of this Contract or a waiver of a subsequent breach of the
same term or provision of this Contract.
H. Early Termination.
Each party has the right to terminate this Contract. To terminate this Contract, the terminating party
must mail, by United States Certified Mail, return receipt requested, a Notice of Intent to Terminate
Contract to the other party. Termination will become effective thirty (30) days after notice is received
by the other party. The liability of the Parties hereunder for further performance of the terms of this
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 Contract until the thirty (30) day notice period has
expired.
I. Severability.
The invalidity or unenforceability of any provision of this Contract shall not affect the validity or
enforceability of any other provision of this Contract, which shall remain in full force and effect,
provided that the Parties can continue to perform their obligations under this Contract in accordance
with the intent of the Contract.
J. Notice Procedure.
All notices required, or permitted, to be given under this 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 Certified Mail, return receipt requested. All written notices shall be addressed to
the Principal Representatives as identified on the Cover Page and to those listed below:, or to such
other addressee or addressees as designated by a written notice complying with the foregoing
requirements:
K. Compliance with Applicable Laws.
Participating Entity shall, at all times during the performance of its duties and obligations under this
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 Colorado Executive Order dated April 16, 1975, entitled "Equal
Opportunity and Affirmative Action," and all laws governing security of personal identifying
information, including but not limited to Article 73, Title 24, Colorado Revised Statutes.
L. Acknowledgment of Applicable Criminal Law.
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The Parties hereto aver that they are familiar with §18-8-301, et seq., C.R.S. (Bribery and Corrupt
Influences), and §18-8-401, et seq., C.R.S. (Abuse of Public Office), and that no violation of such
provisions is present.
M. 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.
N. Modification.
i. By the Parties
Except as specifically provided herein, modifications of this Contract shall not be effective unless
agreed to in writing by both Parties in an amendment to this Contract, properly executed and
approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the
State Controller Policies.
ii. By Operation of Law
This Contract is subject to such modifications as may be required by changes in Federal or
Colorado State law, or their implementing regulations. Any such required modification shall
automatically be incorporated into and be part of this Contract on the effective date of such change,
as if fully set forth herein.
O. Recordkeeping.
Pursuant to §8-72-107, C.R.S., Participating Entity shall maintain a complete file of all records,
documents, communications and other material which pertain to this Contract for a period of six (6)
years from the date of final payment under this Contract, unless Provider requests that records be
retained for a longer period.
P. Entire Understanding.
This 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.
Q. Governmental Immunity.
Liability for claims for injuries to persons or property arising from the negligence of the Parties, their
departments, boards, commissions committees, bureaus, offices, employees and officials shall be
controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et
seq., C.R.S., as now or hereafter amended; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and
28 U.S.C. 1346(b), and the State's risk management statutes, §24-30-1501, et seq., C.R.S.
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EXHIBIT A
Colorado Department of Labor and Employment
Unemployment Insurance (UI) Division
DATA USE AND PERSONAL COMPLIANCE REGARDING THE USE AND
RELEASE OF INFORMATION
SUMMARY
Personal identifying information and other confidential information (hereinafter referred to collectively as
"Confidential Information") owned by the Colorado Department of Labor and Employment (CDLE) is protected
under federal and Colorado state law. Other sensitive, proprietary, copyrighted, and/or trade -secret
information (hereinafter referred to collectively as "Sensitive Information") is deemed by CDLE to be
protected. All are required to be protected from inappropriate disclosure, misuse, unauthorized intrusion,
duplication, transmittal, theft, alteration, modification, or deletion.
RELEASE OF INFORMATION
As an authorized user to receive UI records, you are not permitted to share the information in the records. You
may access data from CDLE only in the performance of your public duties.
PROTECTION OF DATA
You are responsible for the security of the data you access. When you access the Confidential and/or Sensitive
Information, you must protect the information and comply with Colorado state law. All individuals coming
into contact with the Confidential and Sensitive Information must be acting within the scope of their
responsibilities under the agreement between CDLE and
and performing public duties.
DATA SECURITY AND USE
Users of Confidential and/or Sensitive Information must read and agree to adhere to the following terms of
use and data user obligations:
• I acknowledge that the owner of the Confidential and Sensitive Information remains CDLE, and that I
do not obtain any rights, title, or interest in any of the information provided;
• I will not use nor permit others to use the Confidential and/or Sensitive Information in any way except
as outlined in the agreement;
• I will not release nor permit others to release the Confidential and/or Sensitive Information provided to
any person who has not been authorized to have access to the information;
• I will ensure that no identifying information is transmitted through unsecured means, including on
physical media, unencrypted email, or other unsecured internet transmissions.
• I will take all reasonable measures to protect the Confidential and Sensitive Information, including but
not limited to:
Intergovernmental Data Access Contract
CDLE#7073
o Locking my computer when it is not in use.
o Obtaining my own log -in information, if needed, and not sharing it with others.
o Shredding hard -copy documents when no longer needed.
o Not making copies of Confidential and Sensitive Information.
o Deleting or returning to CDLE electronic files no longer needed to perform the work.
If I am provided information that is named or contains other identifiers, I will make no attempt to
contact the subject of the information or any other interested party unless necessary to fulfill the
obligations described in the agreement.
In addition, I will release all statistical information in such a way as to avoid inadvertent disclosure. For
example:
o No data on a single event should be derivable through subtraction or other calculation from the
combination of tables in a given publication or presentation; and
o No data should permit disclosure of a single event when used in combination with other known
data.
CONFIDENTIALITY AGREEMENT
I certify that I have reviewed and agree to abide by the terms shown in this "Data Use and Personal Compliance"
Agreement 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 Colorado state law will cause
my access to the data and information to be revoked and may subject me, personally, to criminal prosecution
or civil liability.
Name Printed
Title
Date
Signature
Employer
Intergovernmental Data Access Contract
CDLE#7073
EXHIBIT B
Colorado Department of Labor and Employment (CDLE): Unemployment Insurance System Security
Coordinator/Backup Security Coordinator Responsibilities
• Understand the confidentiality requirements described in the access agreement.
• Understand the reason access has been granted to the agency as described in the agreement and apply
that knowledge when determining whether an employee should be granted access.
• Act as the point of contact for user access and security -related tasks for user access to the CDLE
Unemployment Insurance System, including providing user information when requested.
• Maintain an Excel spreadsheet or Google Sheet of all system users' information required to access the
CDLE Unemployment Insurance System (name, email, Benefits/Premiums access, QID, Benefits
Operator ID, etc.)
• Request access and/or any changes to access (name/email change, delete, reinstate, etc.) for each
employee who has been identified as requiring access to the CDLE Unemployment Insurance System as
part of his or her job.
• Maintain copies of confidentiality agreements (these will be provided to the security coordinators with
each user request for access) signed by each user with access to the CDLE Unemployment Insurance
System. Copies may be requested upon review of the agency's access and usage of the CDLE
Unemployment Insurance System.
New Contract Request
Entity Information
Entity Names s Entity ID*
COLORADO DEPARTMENT OF LABOR & 9,00010497
EMPLOYMENT
Contract Name *
COLORADO DEPARTMENT OF LABOR & EMPLOYMENT
INTERGOVERNMENTAL DATA ACCESS CONTRACT
Contract Status
CTB R
❑ New Entity?
Contract ID
5577
Contract Lead *
HLOONEY
Contract Lead Email
hI ooneyreIdgov.con; cobb
xxIktweldgov.com
Parent Contract ID
Department Project #
Contract Description*
CDLE INTERGOVERNMENTAL DATA ACCESS NON -FINANCIAL CONTRACT WITH THE DIVISION OF UNEMPLOYMENT INSURANCE
TO ACCESS PROVIDER INFORMATION SYSTEMS: CUBS AND CATS. TERM IS :31 l /2022 - 2/28/2027. (PREVIOUS CONTRACT
WAS TYLER ID 201 7-0722).
Contract Description 2
PA ROOTING THROUGH NORMAL
APPROVAL PROCESS. ETA TO CTB 2 1 1 7;' 2022.
Contract Type *
Department
Requested BOCC Agenda Due Date
CONTRACT
HUMAN SERVICES
Date* 02119,12022
02/232022
Amount *
Department Email
$O00
CM-
Will a work session with ROCC be required?*
HunianServicesc�weldgov.co
NO
Renewable
NO
Does Contract require Purchasing Dept. to be induded?
Department Head Email
Automatic Renewal
CM-HumanServices-
DeptHead eldgov.com
Grant
County Attorney
GENERAL COUNTY
IGA
ATTORNEY EMAIL
County Attorney Email
CM-
C:OUNTYA ORNEY°@WELDG
OV.COM
if this is a ren.ewal enter previous 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
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
02,11,2022
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
02?23;2022
Originator
HLOONEY
Review Date
1221:2026
Committed Delivery Date
Renewal Date
Expiration Date*
02?26x2027
Contact Type Contact Email Contact Phone t Contact Phone 2
Purchasing Approved Date
Finance Approver
CHRIS D'OVIDIO
Finance Approved Date
02:11 ! 2022
Tyler Ref #
AG 022322
Legal Counsel
CAITLIN PERRY
Legal Counsel Approved Date
02 11;`2022
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