HomeMy WebLinkAbout20212548.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR SHARED USE OF QUARTERLY CENSUS OF
EMPLOYMENT WAGES (QCEW) AND AUTHORIZE KARINA AMAYA 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, the Board has been presented with a License Agreement for the Shared Use
of Quarterly Census of Employment Wages (QCEW) 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 as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the License Agreement for the Shared Use of Quarterly Census of
Employment Wages (QCEW) 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, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that Karina Amaya, Department of Human
Services be, and hereby is, authorized to electronically sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of August, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W,,,,,,e„) � X;�, EXCUSED
Stev= Moreno, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
mes, Pro-
erry L. ;. c
APP: e .,ED =XCUSED
Date of signature: o613(/7 -I
ounty • torney
Lori Sai
CC:1-1SD
o9/a9/21
2021-2548
HR0093
PRIVILEGED AND CONFIDENTIAL C
MEMORANDUM
cF ID*5159
DATE: August 17, 2021
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Quarterly Census of Employment Wages (QCEW)
License Agreement with the Colorado Department
of Labor and Employment (CDLE)
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 Quarterly Census of Employment Wages (QCEW)
License Agreement with the Colorado Department of Labor and Employment (COLE). The
Quarterly Census or Employment Wages (QCEW) License Agreement for Micro Data is with the
Colorado Department of Labor and Employment (CDLE), which allows access to economic development
data. This data is made available only to government entities and is received quarterly from the State.
With permission from the State, the intent is to share the data pulled with Upstate Colorado Economic
Development (Upstate) to further drive the economic development of Weld County. As agreed, in the
MOU known as Tyler ID 2019-2444, between Upstate and the Department, the State data shared with
Upstate will not be shared with any other entity. The Department first entered into this License
Agreement in 2019 and the State has requested that the Department enter into a new Agreement to be
able to continue to use the data. This license agreement is non -financial, and the term ends one year from
the date the Department stops accessing the data.
Legal (G. Kalousek) has reviewed and approved this License Agreement.
1 do not recommend a Work Session. I recommend approval of this License Agreement and authorize the
Workforce Director, Karina Amaya to sign.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck
Mike Freeman
Scott K. James, Pro-Tem
Steve Moreno, Chair
Lori Saine
Pass -Around Memorandum; August 17, 2021 — CMS ID 5189
Page I
2021-2548
tAY2.U0U5
a
COLORADO
Department of
Labor and Employment
Office of Labor Market Information
This is a legal document. Legal counsel should be consulted before signing.
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made by and between:
Employment Services of Weld County
315 N 11 Ave B
Greeley CO 80631
(Licensee)
and
THE STATE OF COLORADO
DEPARTMENT OF LABOR AND EMPLOYMENT
633 17th Street, Suite 600
Denver, CO 80202-2107
(Licensor)
The Licensor is an agent of the United States Bureau of Labor Statistics for the purposes of collecting and securing
Quarterly Census of Employment Wages "QCEW" wage, employment data from Colorado employers and is
authorized to issue a non-exclusive license for this information to public and non-public entities provided that the
information is adequately secured from non -authorized access or publication.
UPON ACCEPTING RECEIPT OF THE LICENSED INFORMATION LISTED BELOW, OR ANY PART
THEREOF, THE LICENSEE AGREES TO THE TERMS AND CONDITIONS LISTED ON PAGE 2 OF THIS
LICENSE AGREEMENT.
LICENSED INFORMATION PROVIDED:
Report Description
Report Period
Amount
CIPSEA Compliant QCEW Micro Data
As Requested
N/A
TOTAL AMOUNT DUE
WITHIN 30 -DAYS OF INVOICE RECEIPT
* ALL FEES ARE NON-REFUNDABLE
Received by:
LICENS
ma Alva
Name: Karma Amaya (Aug 25, 2 108 25 MDT)
Aug 25, 2021
Karina Amaya
Workforce Director
Date
LICENSOR
By-lila
�'
Michelle Morelli Date
Director
Labor Market Information
Our mission: "Improve the function of Colorado's labor market by providing
objective information and impartial labor law enforcement."
633 17th Street, Suite 600, Denver, CO 80202-2107 P 303.318.8850 t www.colorado.gov/cdle
Page 1 of 2 Pages
LICENSE AGREEMENT TERMS AND CONDITIONS
Upon receipt of total payment due (as specified on Page 1), the Licensor grants a non-exclusive revocable license to the Licensee to access and use, as
limited herein, all Licensed Information (as specified on Page 1). LICENSOR DISCLAIMS ALL WARRANTIES REGARDING THE LICENSED INFORMATION,
SPECIFICALLY THE WARRANTIES OF MERCHANTABILITY AND PARTICULAR PURPOSE. LICENSEE RELEASES LICENSOR FROM ANY CLAIMS,
JUDGMENTS, OR DAMAGES, CONSEQUENTIAL OR DIRECTLY ARISING FROM ANY ERRORS OR OMISSIONS CONTAINED WITHIN THE LICENSED
INFORMATION, OR ANY PART THEREOF, OR ARISING FROM THE LICENSEE'S RELIANCE UPON THE LICENSED INFORMATION OR OMISSIONS OF
INFORMATION, OR ANY PART THEREOF.
2 Licensee shall pay the total non-refundable payment due within thirty (30) days of receipt of the information. If payment is not received by Licensor during
this period, Licensor shall invoice the Licensee, and Licensee shall immediately pay. the total amount specified on Page 1 plus a billing fee calculated at the greater of
eighteen percent per annum of the total amount due or twenty-five and no; 100 dollars (525 00). If the fee is not paid within the above specified time, Licensee shall
immediately return all Licensed Information to the Licensor.
3. Licensee acknowledges and agrees to protect the confidentiality of the Licensed information provided and to adequately secure the Licensed information
from non -authorized access or publication.
(a) Except in the event it is necessary for the Licensee to utilize a third -party to format, process or use the information, the Licensee shall not copy or permit
others to copy the Licensed Information, or any part thereof. In the event the Licensee must utilize a third -party to format, process, or use the information, the Licensee
shall not allow the third -party to use the information, or any pan thereof, for any purpose other than the Licensee's valid administrative function. Any breach of
Licensed Information's confidentiality or any of the duties specified in section 3 by Licensee's third -party shall be deemed to be a breach on the part of the Licensee.
(b) Licensee shall use the Licensed Information, or any part thereof, only to the extent necessary to assist in the Licensee's valid administrative function;
(c) The Licensee's rights to use the information are not assignable, the Licensee shall not assign or transfer. nor attempt to assign or transfer its rights
pursuant to this contract.
(d) Licensee shalt restrict access to the Licensed information to only those employees or agents of the Licensee whose access is necessary to assist the
Licensee's valid administrative function. Upon Licensor's request, Licensee shall provide to Licensor in a timely manner, a listing of all individuals who may access the
Licensed Information.
(e) Licensee shall not publish, sell, or disclose the Licensed Information, or any part thereof, to the extent that the information published of any area.
industry, Federal Department or Federal Agency level contains fewer than three (3) reporting units (as defined in C.R.S. 8.70.103(9). 1987 Rep. Vol., as amended), or
eighty percent (80%) of the total employment of the applicable reporting level is made up by a single reporting unit.
4. In the event of Licensee's breach of the Licensed Information's confidentiality or any of the Licensee's duties specified in section 3, the Licensee shall return
all Licensed Information to the Licensor and pay the Licensor within thirty (30) days the sum of one -thousand and no/100 dollars (31,000 00) The Licensee is a
governmental entity and does not waive the obligations or benefits afforded it under the Colorado Governmental Immunity Act, C.R.S 24,10- I01, et seq.
5. The term of the License Agreement shall commence upon Licensor's receipt of total payment. The License Agreement shall continue until it is terminated
upon Licensee's discontinued use of Liccnsor's confidential information for a one (I ) year period or if Licensee defaults on the obligations and conditions of this
License Agreement and fails to correct the default within thirty (30) days.
6. The Licensee warrants that it possesses the legal authority to enter into this Contract. The person or persons signing this Contract on behalf of the Licensee
also warrants that they have full authorization to execute this contract.
7. The Licensee agrees that all Licensed Information is the sole property of the Licensor.
8. Licensee shall permit the Licensor, the U.S. Department of Labor, or any other duly authorized agent or governmental agency, to monitor all activities
conducted by the Licensee 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 shall not unduly
interfere with Licensee's work.
The Licensee shall notify the Licensor, within five (5) days after being served with a summons, complaint, or other pleading in a case which involves
services provided under this contract and which has been filed in any Federal or State court or administrative agency, and shall deliver copies of such document to the
Licensor.
10. This Contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State of Colorado Fiscal Rules. Any
Licensor waiver of an alleged breach of confidentiality by the Licensee or third party agents of the Licensee is not to imply a waiver of any subsequent breach
II. All notices required and permitted pursuant to this Contract shall be in writing and shall be deemed given when personally served or three (3) days after
deposit in the United States Mail, postage prepaid, registered or certified, return receipt requested, and addressed to the addresses stated on Page 1 or to such other
address as has been designated by a notice complying with the foregoing requirements.
12. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this
contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-Judtctal body or person or which is
otherwise in conflict with said laws, rules and regulations shall be considered null and void. The terms of this Contract are severable, and should any term or provision
hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term of provision hereof. In the event
the Controller of the State of Colorado subsequently disapproves this contract, this contract shall terminate and the State shall return all sums paid by the Licensee, and
the Licensee shall return all Licensed Information without penalty, or right to cause of action.
Page 2 of 2 Pages Rcv 09/08 2017
Contract Form
New Contract Request
Entity Name* Entity ID*
COLORADO DEPARTMENT OF LABOR & @00010497
EMPLOYMENT
Contract Name*
QUARTERLY CENSUS OF EMPLOYMENT WAGES (QCEW)
LICENSE AGREEMENT
Contract Status
C.TB REVIEW
❑ New Entity?
Contract ID
5189
Contract Lead*
HLOONEY
Contract Lead Email
hlooney@nveldgov.com; cobb
xxikeldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project I
Contract Description*
QUARTERLY CENSUS OF EMPLOYMENT WAGES (QCEW) LICENSE AGREEMENT. AGREEMENT IS WITH EMPLOYMENT SERVICES OF
WELD COUNTY AND THERE IS NO COST ASSOCIATED WITH THE AGREEMENT.
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 08-19-2021.
Contract Type*
AGREEMENT
Amount *
$0.00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServicesi weldgov.co
m
Department Head Email
CM-HumanServices-
DeptHeadgweldgov.corn
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EYWELDG
OV. COM
Requested BOCC Agenda
Date*
08/25;`2021
Due Date
08:21;2021
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a NASA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Review Date*
06/30,+2021
Committed Delivery Date
Renewal Date*
31 ,E 2022
Expiration Date
Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
08/16/2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08`25 2021
Originator
HLOONEY
Finance Approver
CHRIS D`OVIDIO
Legal Counsel
GABE KALOUSEK
Finance Approved Date Legal Counsel Approved Date
08/18,'2021 08/18 2021
Tyler Ref
AG 082521
Hello