HomeMy WebLinkAbout20192170.tiffRESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR QUARTERLY CENSUS EMPLOYMENT AND
WAGE (QCEW) MICRO DATA AND AUTHORIZE DIRECTOR OF HUMAN SERVICES
TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a License Agreement for Quarterly
Census Employment and Wage (QCEW) Micro Data 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, Division of Employment Services, and the Colorado Department
of Labor and Employment, commencing May 1, 2019, and ending April 30, 2020, with further
terms and conditions being as stated in said license agreement, and
WHEREAS, after review, the Board deems it advisable to approve said license
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 Quarterly Census Employment and Wage
(QCEW) Micro Data 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,
Division of Employment Services, and the Colorado Department of Labor and Employment, be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Director of Human Services, be, and
hereby is, authorized to sign said license agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of June, A.D., 2019, nunc pro tunc May 1, 2019.
BOARD OF COUNTY COMMISSIONERS
WEED COUNTY, COLORADO
ATTEST: ditAL do I,
Weld County Clerk to the Board
o n y a ttorney
Date of signature: Le/ 1.3/19
arbara Kirkmeyer,
Mike Freeman, Pro-Tem
can P. Conway
c t-1SO
to/rill 41
2019-2170
H R0090
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DA I E: April 16, 2019
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Department of Human Services' Quarterly Census
Employment and Wage (QCEW) Data Agreement
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 Employment and Wage (QCEW)
Data License Agreement. The Quarterly Census Employment and Wage (QCEW) Data License
Agreement 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. With permission
from the State, the intent is to share the data pulled with Upstate Colorado Economic Development to
further drive the economic development of Weld County. This license agreement is non -financial, and the
term is May 1, 2019 through April 30, 2020.
I do not recommend a Work Session. I recommend approval of this license agreement and approval for
the Director to sign.
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
�M
Approve Schedule
Recommendation Work Session
Other/Comments:
2019-2170
Pass -Around Memorandum; April 16, 2019 — ID 2548 Page 1
I -t R 00.90
COLORADO
Department of
Labor and Employment
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
315N 11th Ave
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:
LICENSE
Name:
_/1,1,� C 'J c 9/1(e, /ct By:
Pate
au l Schacht
Director
Labor Market Information
Our mission: "Improve the function of Colorado's labor market by providing
objective information and Impartial tabor law enforcement."
633 17th Street, Suite 600, Denver, CO 80202-2107 P 303.318.8850 I www.cotorado.gov/cdte
Page I of 2 Pages
711.i9
Date
LICENSE AGREEMENT TERMS AND CONDITIONS
1. Upon receipt of total paymeat due (as specified on Page I), 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 I) 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 I plus a billing fee calculated at the greater of
eighteen percent per annum of the total amount due or twenty-five and not100 dollars ($25 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 accessary 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 part 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 shall 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 Licensot'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/t00 dollars (51,000.00). 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 24-10-101, 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 Licensor'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
9. The Licensee shall notify the Licensor, within five (S) days after being served with a summons, complaint, or other pleading in a case which involves services
provided under this contract and which leas 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
11. 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 judicial 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 Rev 09/08/2017
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