HomeMy WebLinkAbout20170722.tiffRESOLUTION
RE: APPROVE INTERGOVERNMENTAL DATA -ACCESS CONTRACT AND AUTHORIZE
CHAIR 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 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, commencing upon full execution of signatures
and ending February 28, 2022, with further terms and conditions being as stated in said contract,
and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 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
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORA
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Weld County Clerk to the Board
BY: a
uty Clerk to the Board
APP:e '.AS
County ttorney
Date of signature: -1(3(t 1
Julie A. Cozad, Chair
Steve Moreno, Pro-Tem
Sean P. Conway
ike Freeman
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2017-0722
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: February 28, 20I7
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services' Intergovernmental
Data -Access Contract for Colorado Unemployment Benefits
System (CUBS) and Colorado Automated Tax System (CATS)
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 for Colorado
Unemployment Benefits System (CUBS) and Colorado Automated Tax System (CATS). The Department
requests to enter into this Data -Access Contract for the purpose of verifying its clients' 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 Effective Date and end on
February 28, 2018, unless previously terminated by one of the Parties pursuant to the terms of the contract. This
shall automatically renew for four (4) successive terms of one (1) year each beginning on March 1, 2018, unless
either Party provides notice of its intent not to renew. This has been reviewed and approved to move forward by
Assistant County Attorney, Karin McDougal.
I do not recommend a Work Session. I recommend approval of this Contract.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Approve
Recommendation Work Session
Schedule
Other/Comments:
2017-0722
Pass -Around Memorandum; February 28, 2017 — CMS ID 1071 Page I
CMS# 95913
INTERGOVERNMENTAL DATA -ACCESS CONTRACT
RECITALS:
I. This Intergovernmental Data -Access Contract ("Data -Access Contract") is entered into by and between
the Board of County Commissioners of Weld County, acting by and through the Weld County
Workforce Center ("Participating Entity"), and the STATE OF COLORADO, acting by and through the
Department of Labor and Employment, acting by and through the Unemployment Insurance Division
("Provider"). Collectively, the aforementioned entities constitute the "Parties;"
II. Provider is an executive department of the State of Colorado and Participating Entity is a political
subdivision of the State of Colorado;
III. Provider and Participating Entity are committed to strengthening the coordination of services delivered
to Colorado residents;
IV. Participating Entity desires access to data owned by Provider, and Provider is able and authorized to
provide such data to Participating Entity;
V. Participating Entity warrants that the confidential data ("Provider Information") received pursuant to
this Data -Access Contract shall be used only by public employees in the performance of their public
duties; and
VI. All required approvals, clearances, and coordination have been accomplished from and with all
appropriate agencies.
NOW THEREFORE, the Parties agree as follows:
1. EFFECTIVE DATE and TERM.
The effective date ("Effective Date") of this Data -Access Contract is March 1, 2017, or the date the
State Controller signs this Data -Access Contract, whichever is later. The initial term of this Data -
Access Contract shall commence on the Effective Date and end on February 28, 2018, unless previously
terminated by one of the Parties pursuant to the terms of this Data -Access Contract. This Data -Access
Contract shall automatically renew for four (4) successive terms of one (1) year each beginning on
March I, 2018, unless either Party provides notice of its intent not to renew.
2. SCOPE OF ACCESS TO, AND ANTICIPATED USE OF, PROVIDER INFORMATION
SYSTEMS.
In accordance with C.R.S § 8-72-107, as amended, the employees of Participating Entity are public
employees performing their public duties. Participating Entity desires access and use of Provider
Information within the following Provider information systems:
® Colorado Unemployment Benefit System (CUBS) (inquiry only)
Colorado Unemployment Benefit System (CUBS) (input only)
® Colorado Automated Tax System (CATS) (inquiry only)
Participating Entity desires access to, and use of, Provider Information systems for the purpose of
verifying its clients' eligibility via unemployment insurance wage records and for review of employer
information for job match.
Participating Entity expressly acknowledges that it is solely responsible for any breach of the C.R.S. by
Participating Entity, its employees, agents, or licensees. (See C.R.S. § 8-72-107, as amended.)
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3. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO, AND USE OF, PROVIDER
INFORMATION SYSTEMS.
A. Duties and Obligations of Particinatin2 Entity. Participating Entity shall:
i. Comply in all respects with C.R.S § 8-72-107, as amended. 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. C.R.S. 8-72-107,
as amended, 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. Only release Provider Information to the individual wage earner, benefit recipient, or
employing unit if it is prepared and presented by Participating Entity on its own
letterhead or affidavit. Specifically, Participating Entity shall not release information
via screen prints of Provider Information from the database.
iii. Only use and access Provider Information as authorized in §2, above. Only those
employees of Participating Entity who are directly responsible for the use specified in
§2 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, Participating Entity shall request from
Provider's Security Coordinator an application and any required forms for completion
prior to use and access of Provider Information or participation in any related activity.
Participating Entity shall submit completed forms for each user to Provider's Contract
Coordinator or designee for review. The acceptance or denial of the request for access
is solely determined at the discretion of Provider.
iv. Take all necessary precautions, including, but not limited to: safeguarding the storage of
Provider Information, restricting which employees are given access to Provider
Information, and protecting Provider Information from unauthorized access, usage, or
release.
v. Permit 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 the C.R.S. and any applicable State and federal statutes or regulations.
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vi. Designate a Security Coordinator responsible for all tasks related to requesting changes
to access of Participating Entity's users. A change in the identified Security
Coordinator or other contact information, including the Executive Director, shall be
sent to Provider in writing no later than twenty-five (25) business days from the
effective date of such change.
The Security Coordinator information for both Parties is:
Provider:
Raul Villanueva
Security Coordinator
Colorado Dept. of Labor and Employment
Information Technology Management
633 17th Street, Suite 800
Denver, CO 80202
303-318-8310
Participating Entity:
Jackie Humphreys
Building and Security Coordinator
315 N I 1 th Ave.
Greeley, CO 80631
970-400-6322
vii. Comply with all security and access procedures established by Provider. Participating
Entity shall submit to Provider's Security Coordinator the names of all employees for
whom authorization to access Provider Information is requested.
viii. 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.
ix. Expressly agree that Provider shall not be liable to Participating Entity for damages, in
whatever form or however characterized or claimed, from inadequacies with, or in, the
Provider Information.
B. Duties and Obligations of Provider.
Provider shall allow access to Provider Information as indicated in §2 above by
providing, where appropriate, access to information through a computer data link;
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 terminal
network.
ii. Provider shall train Participating Entity, as necessary, with regard to the policies and
operating procedures related to accessing and using the Provider information systems
designated in §2 above.
iii. Disclaimer. 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, State information.
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4. ADDITIONAL PROVISIONS.
A. Legal Authority. The Parties warrant that each possesses actual, legal authority to enter into
this Data -Access Contract. The person or persons signing this Data -Access Contract, or any
attachments or amendments hereto, also warrant that such person or persons have actual legal
authority to execute this Data -Access 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 the State. Neither Participating Entity nor
any employee or agent of Participating Entity shall be, or shall be deemed to be an employee or
agent of the State. Participating Entity shall pay when due all required employment taxes and
income tax and local head tax on any monies paid pursuant to this Data -Access 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 the State does not pay for or otherwise provide such coverage. Participating
Entity shall have no authorization, either expressed or implied, to bind the State to any
agreements, liability, or understandings except as expressly set forth herein. Participating
Entity shall provide and keep in force 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 Data -Access
Contract may not be assigned, delegated, or otherwise transferred 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 Data -Access 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 Data -Access Contract.
ii. Participating Entity authorizes Provider to perform audits or inspections of Participating
Entity's records at any reasonable time during the term of this Data -Access Contract
and for a period of five (5) years following the termination of this Data -Access 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 agrees that all materials,
information, data, computer software, documents, studies, and/or written evaluations produced
by either Provider or Participating Entity in the performance of this Data -Access Contract are
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
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provided under this Data -Access 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 Data -Access Contract shall
not be construed as a waiver of a breach of any other term or provision of this Data -Access
Contract or a waiver of a subsequent breach of the same term or provision of this Data -Access
Contract.
H. Termination for Cause. If Provider concludes, in its sole discretion, that Participating Entity:
(a) has breached any term of this Data -Access Contract; (b) performed its duties and obligations
hereunder in an unsatisfactory, incorrect, or improper manner; or (c) engaged in improper or
illegal activities, then Provider may terminate this Data -Access Contract immediately without
the notice otherwise required under this Data -Access Contract and without any compensation to
Participating Entity for termination costs.
I. Early Termination. Each party has the right to terminate this Data -Access Contract. To
terminate this Data -Access Contract, the terminating party must mail, by United States Certified
Mail, return receipt requested, a Notice of Intent to Terminate Data -Access 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 Data -
Access 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 Data -Access Contract until
the thirty (30) day notice period has expired.
J. Severability. The invalidity or unenforceability of any provision of this Data -Access Contract
shall not affect the validity or enforceability of any other provision of this Data -Access
Contract, which shall remain in full force and effect, provided that the Parties can continue to
perform their obligations under this Data -Access Contract in accordance with the intent of the
Data -Access Contract.
K. Notice Procedure. All notices required, or permitted, to be given under this Data -Access
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 following parties, or to
such other addressee or addressees as designated by a written notice complying with the
foregoing requirements:
Provider:
Lisa Eze
Purchasing Director
Colorado Dept. of Labor and Employment
633 17th Street, Suite 1100
Denver, CO 80202
303-318-8054
Participating Entity:
Tami Grant, Director
Weld County Workforce Center
315 N 11th Ave.
Greeley, CO 80631
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With copies to:
Raul Villanueva
Security Coordinator
Colorado Dept. of Labor and Employment
Information Technology Management
633 17th Street, Suite 800
Denver, CO 80202
303-318-8310
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
Julie Cozad
Board of Weld County Commissioners
1150 O Street
Greeley, CO 80632
970-336-7204
L. Disputes Arising from or as a Result of this Data -Access Contract. Participating Entity
recognizes that it alone is responsible for the use of information provided to it to the
terms of this Data -Access Contract. Participating Entity also recognizes that the information
provided to it pursuant to the terms of this Data -Access Contract is confidential pursuant to the
provisions of C.R.S. § 8-72-107, as amended.
M. Compliance with Applicable Laws. Participating Entity shall, at all times during the
performance of its duties and obligations under this Data -Access 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."
N. Data Use, Security, and Retention. Participating Entity shall institute special precautions to
protect Provider Information from misuse, unauthorized intrusion, duplication, transmittal, theft,
alteration, modification or deletion. Participating Entity shall use, hold and maintain Provider
Information in compliance with any and all applicable laws and regulations in facilities located
within the United States, and shall maintain a secure environment that ensures confidentiality of
all Provider Information wherever located. Participating Entity shall allow Provider access,
subject to Participating Entity's reasonable security requirements, for purposes of inspecting
and monitoring access and use of Provider Information and evaluating security control
effectiveness. Upon the expiration or termination of this Data -Access Contract, Participating
Entity shall return Provider Information provided to Participating Entity or destroy such
Provider Information and certify that it has done so, as directed by the Provider. If Participating
Entity is prevented by law or regulation from returning or destroying Provider Information,
Participating Entity warrants it will guarantee the confidentiality of, and cease to use, such
Provider Information.
O. Data Protection. Participating Entity is responsible for the protection and security of Provider
Information. If Participating Entity provides physical or logical storage, processing or
transmission of, or retains, stores, or is given, Provider Information, Participating Entity shall,
(i) provide physical and logical protection for all related hardware, software, applications and
data that meet or exceed industry standards and requirements as set forth in this Data -Access
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Contract; (ii) maintain network, system, and application security, which includes, but is not
limited to, network firewalls, intrusion detection (host and network), and annual security
testing; (iii) comply with State and federal regulations and guidelines related to overall security,
confidentiality, integrity, availability, and auditing; (iv) ensure that security is not compromised
by unauthorized access to computers, program, software, databases, or other electronic
environments; and (v) promptly report all incidents to Provider's Security Coordinator.
P. Acknowledgment of Applicable Criminal Law. The Parties hereto aver that they are familiar
with C.R.S. § 18-8-301, et seq., (Bribery and Corrupt Influences), and C.R.S. § 18-8-401, et
seq., (Abuse of Public Office), as amended, and that no violation of such provisions is present.
Q. 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.
R. No Financial Authorization or Obligation of Provider. In no event shall Provider authorize
or make any financial payment to Participating Entity under this Data -Access Contract.
S. Modification.
By the Parties
Except as specifically provided herein, modifications of this Data -Access Contract shall not be
effective unless agreed to in writing by both Parties in an amendment to this Data -Access
Contract, properly executed and approved in accordance with applicable Colorado State law,
State Fiscal Rules, and Office of the State Controller Policies.
By Operation of Law
This Data -Access 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 Data -Access Contract
on the effective date of such change, as if fully set forth herein.
T. Limitation of Liability. Provider does not guarantee the accuracy of the information provided
to Participating Entity pursuant to this Data -Access Contract. Provider's obligation to provide
information to Participating Entity is contingent upon the availability of the requested
information within the Provider's computer system. Participating Entity expressly agrees that
the State shall not be liable for damages, in whatever form or however characterized or claimed,
from inadequacies with, or in, Provider Information.
U. Recordkeeping. Pursuant to C.R.S. § 8-72-107, as amended, Participating Entity shall
maintain a complete file of all records, documents, communications and other material which
pertain to this Data -Access Contract for a period of five (5) years from the date of final payment
under this Data -Access Contract, unless Provider requests that records be retained for a longer
period.
V. Entire Understanding. This Data -Access 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.
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W. 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, C.R.S. §§24-10-101, et seq., 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, C.R.S. §§24-30-1501, et seq.
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for Participating Entity hereby swear and affirm that they are authorized to act on
Participating Entity's behalf and acknowledge that the State is relying on their representations to that
effect.
Participating Entity
Weld County Board of County Commissioners
By: - Julie A. Cozad
Title: Board of County Commissioners, Chair
I
•' Signa
Date:
Provider
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Colorado Department of Labor and
Employment
Ellen Golombek, Executive Director
MAR 13 2017
By: Jeff Fitzgera
Date:
yment Insurance
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
C.R.S §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not
obligated to pay Contractor for such performance or for any goods and/or services provided hereunder.
By:
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
5'^
Ta y Ne son, S Controller Delegate
Date: x -30-r1
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