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HomeMy WebLinkAbout20221199.tiffRESOLUTION RE: APPROVE RESCINDING RESOLUTION #2022-0638, DATED FEBRUARY 23, 2022, AND APPROVE REVISED INTERGOVERNMENTAL DATA -ACCESS CONTRACT, AND AUTHORIZE CHAIR AND DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES TO SIGN ELECTRONICALLY 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, on February 23, 2022, by Resolution #2022-0638, the Board approved an Intergovernmental Data -Access Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Labor and Employment, Division of Unemployment Insurance, and WHEREAS, the Board has been presented with a Revised Intergovernmental Data -Access Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Labor and Employment, commencing upon full execution of signatures, with further terms and conditions being stated in said revised contract, and WHEREAS, after review, the Board deems it advisable to approve said revised contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Weld County, Colorado, that Resolution #2022-0638, dated February 23, 2022, for an Intergovernmental Data -Access Contract, be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Revised Contract for Intergovernmental Data -Access 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 Labor and Employment, Division of Unemployment Insurance, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair and Karina Amaya, Director of the Department of Human Services, be, and hereby are, authorized to electronically sign said revised contract. cc: HSD S/I/22 2022-1199 HR0094 RESCIND RESOLUTION #2022-0638, DATED FEBRUARY 23, 2022, AND APPROVE REVISED INTERGOVERNMENTAL DATA -ACCESS CONTRACT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD ¢'OUNTY, COLORADO ATTEST: d,464.,„v X.4,:(1 Weld County Clerk to the Board County A torney Date of signature: 5/4/22 ScoWK. James, Chair Mbe-Freiman, Pro-Tem 2022-1199 HR0094 Con-h/ack IDt55 fl 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: Perry L. Buck Mike Freeman, Pro-Tem Scott K. James, Chair Steve Moreno Lori Saine Pass -Around Memorandum; February 15, 2022- CMS ID 5577 Dn..e 7 2022-1199 CH/Z-1 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 INTERGOVERNMENTAL DATA -ACCESS CONTRACT COVER PAGE State Agency (Provider) Colorado Department of Labor and Employment, acting by and through the Division of Unemployment Insurance Contract Number CRN 7073 Weld County Workforce Center Contract Performance Beginning Date The later of the Effective Date or 05/01/2022 Nonfinancial Contract Contract Expiration Date 04/30/2027 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 Colorado Department of Labor and Employment 251 East 12th Avenue Denver, CO 80203 Ph: 303.318.9095 Email: phil.spesshardt@state.co.us Scott K. James, Chair Board of Weld County Commissioners 1150 O Street Greeley, CO 80632 Ph: 970-336-7204 Email: sjames@weldgov.com With a copy to: Renee Rita Kennedy, Procurement Director Colorado Department of Labor and Employment 633 17th Street, 1 Ph Floor Denver, CO 80202 Ph: 303-318-8054 Email: reneerita.kennedy@state.co.us Karina Amaya-Ragland, Workforce Director Employment Services of Weld County 315 N 11th Ave., Building B P.O. Box A Greeley, CO 80632 Ph: 970-400-6763 Email: kamaya@weldgov.com and: 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.sanchez@state.co.us Sharon Junker Logistical and Technical Resource Specialist 315 N 11th Ave., Building C P.O. Box A Greeley, CO 80632 Ph: 970-400-6630 Email: : junkersk@weldgov.com 011a202.- 11.99 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 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. Colorado By: PROVIDER STATE OF COLORADO Jared S. Polis, Governor Department of Labor and Employment Joe M. Barela, Executive Director ,-DocuSigned by: Weld By:'.E7ABapanneDAAA, Date: PARTICIPATING ENTITY County Board of County Commissioners Scott K. James, Chair ,—DocuSigned by: sat k ,gol,wtt,S __a —0A4105B75015491... Phil Spesshardt, Unemployment Insurance Director 5/9/2022 Date: Board of County Commissioners, Chair 5/9/2022 By: 2nd State or Participating Entity signature if Needed DocuSigned by: C6iittut gaga—�iu� alan,� 18DC3OS42892430... Karina Amaya-Ragland, Workforce Director 5/5/2022 Date: Contract by B. In accordance with §24-30-202, C.R.S., this is not valid until signed and dated below the State Controller or an authorized delegate. STATE CONTROLLER Dolt Jaros, CPA, MBA, JD I D� BOB2A3ASA4464r4.. Paulina Debora, State Controller Delegate 5/9/2022 Effective Date: 2 DocuSign Envelope ID: 03591 F5A-BGC0-42C8-AD2D-4854FA00B4C4 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 Divisioi 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 05/01/2022, 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 dients 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.) 3 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 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: ® 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 4 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 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. 5 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 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 accessAstate.co.us Participating Entity: Sharon Junker (Primary) Logistical and Technical Resource Specialist 315 N 11th Ave., Building C P.O. Box A Greeley, CO 80632 Ph: 970-400-6630 Email: junkersk@weldgov.com Joe Galino (Secondary) Logistical and Technical Resource Specialist 315 N 11th Ave., Building C P.O. Box A Greeley, CO 80632 Ph: 970-400-6371 Email: jgalindo(aweldgov.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". 6 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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. 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. 7 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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 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 PII 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. 8 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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 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 9 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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 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. 10 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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. 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. 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. 11 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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. 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 Litigation. 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 12 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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. 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. 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 Coitract 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. 13 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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. R. Access to state agency records: Beginning January 1, 2022, to be granted access to PII through a database or automated network maintained by a state agency that is not otherwise available to the public, a third party must have, within the past year, certified under penalty of perjury that the third party will not use or disclose PII obtained for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, unless required by federal or state law or to comply with a court - issued subpoena, warrant, or order that is not related to prosecution for a violation of specified provisions of federal immigration law. Third Parties must remain in compliance with this rule in its entirety as found in SB 2021-131 Colorado and any other changes or updates to this bill. By signing this agreement, the third party thus certifies. 14 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 Intergovernmental Data Access Contract CDLE#7073 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 Weld County Workforce Center 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: 1 DocuSign Envelope ID: 03591 F5A-BCC0-42C8-AD2D-4854FA00B4C4 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 2 DocuSign Envelope ID: 03591F5A-BCC0-42C8-AD2D-4854FA00B4C4 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 season 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. 1 Entity Name * Entity ID* COLORADO DEPARTMENT OF LABOR & g00010497 EMPLOYMENT New Entity? Contract Name * Contract ID COLORADO DEPARTMENT OF LABOR & EMPLOYMENT 5577 INTERGOVERNMENTAL DATA ACCESS CONTRACT Contract Status CTB REVIEW Contract Lead* H LOONEY Contract Lead Email hiooney4Veldgov.cosn _:cobb xxik titeidgov.com Parent Contract ID Requires Board Approval YES 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 3.,'1/2022 - 2/28/2027. (PREVIOUS CONTRACT WAS TYLER ID 2017-0722). Contract Description 2 PA ROUTING THROUGH NORMAL. APPROVAL PROCESS. ETA TO CTB 2 r' 17 2022. Contract Type CONTRACT Amount* 50.00 Renewable* NO Automatic Renewal Grant Department HUMAN SERVICES Department Email CM- HurnanServicesOweidgov.co m Department Head Email CM-HurnanSeavices- DeptHead@weldgov.con3 County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY'`WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a li4SA enter MSA Contract ID Requested BOCC Agenda Date* 02/23/2022 Due Date 02,119/2022 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Ras e Effective Date. Termination Notice Period Contact Type Contact Email Contact Phone 1 Contact Phone 2 Contact Name Purchasing Purchasing Approver Approval Process Department Head JAMIE ULRICH DH Approved Date 04/ 19/2022 at Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 04, 2712022 Originator HLOONEY NEY Review Date 12,'21/2025 Committed Delivery Date Finance Approver CHRIS D`OVIDIO Renewal Date Expiration Date 02 x"26 /2027 Purchasing Approved Date Finance Approved Date 04 202022 Legal Counsel CAITLIN PERRY Legal Counsel Approved Date 04.20/ 202.2 Tyler Ref # AGU42722 Cheryl Hoffman From: Sent: To: Subject: noreply@weldgov.com Monday, March 11, 2024 12:26 PM CM-ClerktoBoard; Windy Luna; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (7925) Contract # 7925 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: COLORADO DEPARTMENT OF LABOR & EMPLOYMENT Contract Name: CDLE INTERGOVERNMENTAL DATA ACCESS CONTRACT (FAST TRACKED) Contract Amount: $0.00 Contract ID: 7925 Contract Lead: WLUNA Department: HUMAN SERVICES Review Date: 2/28/2025 Renewable Contract: YES Renew Date: 4/30/2025 Expiration Date: Tyler Ref #: 20221199 Thank -you Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Good afternoon CTB, FAST TRACK ITEM: Windy Luna Monday, March 11, 2024 12:23 PM CTB HS -Contract Management FAST TRACK ITEM: Intergovernmental Data Access Agreement Weld County Data Access Agreement (e).pdf; _Intergovernmental Data Access Amendment #1 (completed) (e).pdf; No changes requested 03.01.24.pdf Attached please find the Intergovernmental Data Access Agreement, Tyler ID# 2022-1199, MS #5577 and Amendment #1, Tyler ID# 2023-2123, CMS #7237. There was an additional ' e • - • greement, Tyler ID# 2022-0638. This agreement was effective as of May 9, 2022 and renews in one year increments. There are no changes that are being requested to this agreement and it is being Fast Tracked in CMS for tracking purposes only. It will be reviewed in one year. This is CMS# 7925. Thank you, Windy Luna Contract Administrative Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 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: Cecilia Majchrowski To: Windy Luna; Ruth DeBoer Cc: )Carina Amava Ragland; HS -Contract Management Subject: RE: Intergovernmental Data Access Contract Date: Friday, March 1, 2024 1:26:55 PM Attachments: jmage002 joq imaae003,joq Thank you for checking. There are no changes on our end. Have a good weekend! CeCe Majchrowski, CWDP Workforce Deputy Director Employment Services of Weld County 315 N 11 Ave B Greeley, CO 80631 970-400-6756 (office) 970-381-8612 (mobile) 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 the 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 <wluna@weld.gov> Sent: Friday, March 1, 2024 1:18 PM To: Ruth DeBoer <rdeboer@weld.gov>; Cecilia Majchrowski <cmajchrowski@weld.gov> Cc: Karina Amaya Ragland <kamaya@weld.gov>; HS -Contract Management <HS- ContractManagement@co.weld.co.us> Subject: Intergovernmental Data Access Contract Good afternoon, Happy Friday! We have received an expiry notice for the Intergovernmental Data Access Contract. I have attached the 2022 Agreement, and Amendment #1, which was completed in July 2023, if you wish to reference those. This contract expires on 4/30/2027. I wanted to check, are there any changes you wish to make? If nct, we will review again in one year. Thank you, Windy Luna Contract Administrative Coordinator Weld County Dept. of Human Services 315 N. 11th Ave., Bldg A PO Box A Greeley, CC 80632 (970) 400-6544 wluna(8tweld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only ht 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 thy communication or any attachments by anyone other than the named recipient is strictly prohibited. Houstan Aragon From: Sent: To: Subject: noreply@weldgov.com Wednesday, March 12, 2025 1:45 PM CM-ClerktoBoard; Windy Luna; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (9219) Contract # 9219 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: COLORADO DEPARTMENT OF LABOR & EMPLOYMENT Contract Name: CDLE INTERGOVERNMENTAL DATA ACCESS CONTRACT (FAST TRACKED) Contract Amount: $0.00 Contract ID: 9219 Contract Lead: WLUNA Department: HUMAN SERVICES Review Date: 3/20/2026 Renewable Contract: YES Renew Date: 3/16/2025 Expiration Date: Tyler Ref #: 20221199 Thank -you Conk -vac -4-1041911°1 FasA- - vmk Zoz2- l 199 Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Good afternoon CTB, Windy Luna Wednesday, March 12, 2025 3:41 PM Houstan Aragon; CTB HS -Contract Management COMMUNICATION ITEM/FAST-TRACK ITEM: CDLE Intergovernmental Data -Access Contract - CMS#9219 Tyler ID# 2022-1199 Weld County Data Access Agreement (e).pdf; No Changes - Karina 022825.pdf FAST TRACK ITEM: Attached please find the, Tyler ID# 2022-1199, originally CMS #7925. This agreement was effective as of May 1St, 2022 and expires on April 30', 2027. There are no changes that are being requested to this agreement and it is being Fast Tracked in CMS for tracking purposes only. It will be reviewed in one year. This is CMS# 9219. Best, AtatutP COUNTY. CO Windy Luna Contract Administrative Coordinator Deptartment of Human Services Desk: 970-400-6544 P.O. Box A, 315 N. 11th Ave., Greeley, CO 80632 0. G O O Johl Our Team Important: 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. Hello