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HomeMy WebLinkAboutResolution 2012-0007TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2011 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE STATE OF COLORADO TO PROVIDE THE CITY WITH ACCESS TO THE STATE UNEMPLOYMENT BENEFIT DATABASE FOR MUNICIPAL COURT PURPOSES WHEREAS , pursuant to C .R.S. § 29-1-203 , the City of Wheat Ridge ("City") and the State of Colorado ("S tate") are authorized to enter into cooperative agreements with other governmental entities to provide any function , service or facility each is authorized to undertake ; and WHEREAS, the State is authorized to provide , administer and track unemployment benefits; and WHEREAS, the City is authorized to establish and operate the Wheat Ridge Municipal Court (the "Court"); and WHEREAS , defendants appearing before the Court regularly request payment plans for fines assessed , leniency or forgiveness for monetary penalties, court-provided financial assistance for legal counsel or treatment or rehabilitative programs , on the basis of financial hardship such as unemployment; and WHEREAS , Court staff has indicated that it would be helpful to judges evaluating such requests to have some method by which to verify claims of unemployment or the amounts of unemployment benefits reportedly received ; and WHEREAS, the State maintains a database of its unemployment benefit program and is willing to provide the City with access to such database for limited municipal court purposes; and WHEREAS , the State and the City have set forth their mutual understanding and agreement concerning access to the State unemployment database in the intergovernmental agreement attached to this Resolution ; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution . NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Data-Access Contract by and between the City of Wheat Ridge and the State of Colorado , acting by and through its Department of Labor and Employment, concerning access by the City to the State unemployment benefit system database for municipal court purposes, attached to this Resolution and incorporated herein by reference , is hereby approved . The Mayor and City Clerk are authorized to execute the same. ATIEST: 2 RECITALS : This INTERGOVERNMENTAL DATA-ACCESS CONTRACT is made by and between: CITY OF WHEAT RIDGE acting by and through the, Wheat Ridge Municipal Court, 7500 W . 29th Avenue Wheat Ridge, CO 80033 (Participating Agency) and THE STATE OF COLORADO, acting by and through the, DEPARTMENT OF LABOR AND EMPLOYMENT. acting by and through the, Unemployment Insurance Program 633 17th Street, Denver CO 80202-3660 (Provider) 12-3 7064 A Provider is an executive department of the State of Colorado and Participating Agency is a political subdivision of the State of Colorado; B. Provider and Participating Agency are committed to strengthening the coordination of services delivered to Colorado residents: C. Participating Agency desires access to data owned by Provider, and Provider is able and authorized to prov1de such data to the Participating Agency; D. If any funds are received by Provider pursuant to th is Intergovernmental Data-Access Contract , such funds shall be attributed to Fund Code 100, Organizational Unit Code 1353, Appropriation Code 101 , Revenue Source Code 5200, Subrevenue Source Code 77, Function Code 1000, and Grant Budget Line Code 5092 ; E. Participating Agency warrants that the confidential data received pursuant to th is Data-Access Contract shall be used only by public employees in the performance of their public duties: and F . All required approvals, clearances , and coordination have been accomplished from and with all appropriate agencies. NOW THEREFORE , the parties hereto agree as follows : A . EFFECTIVE DATE and TERM. The effective date of this Data-Access Contract is February 1, 2012, or on the date the State Controller signs th is Contract, wh1chever is later. The term of this Data-Access Contract shall commence on the effective date, and end on January 31 , 2017, unless previously terminated by one of the parties pursuant to the terms of this Intergovernmental Data-Access Contract. B . SCOPE OF ACCESS TO , AND ANTICIPATED USE OF , PROVIDER'S INFORMATION SYSTEMS . In accordance with§ 8-72-107 of the Colorado Revised Statutes (C.R.S.), as amended , the employees of Participating Agency are public employees performi ng their public duties ; Page I of<> Pages 12-3706~ Participating Agency desires access and use of Prov1der 1nformat1on w1th1n the following Prov1der information systems XX Colorado Unemployment Benefit System (CUBS) (inquiry only) __ Colorado Automated Tax System (CATS) (tnqUtry only) Part1c1pating Agency desires th1s access to, and use of Prov1der's 1nformatton systems for the purpose of v e r ifying e mploy m ent and financial condi t ion for defendants requ est i ng time extensio ns fo r payin g a fin e, reques ting court-appo inted assist a n ce and/or l e n ien cy ba s ed upon u nemploy m ent o r fina n cial hards h i p . Participating Agency expressly acknowledges that it is solely responsible for any breach of the C.R.S by Partic1patmg Agency, its employees , agents, or licensees. (See C.R S § 8-72-107 , as amended). C. DUTIES AND OBLIGATIONS CONCERNING ACCESS TO, AND USE OF , PROVIDER INFORMATION SYSTEMS 1. Duties and Obligations of Partic ipating Age n c y. Part1c1pat1ng Agency shall· a Comply in all respects with C.R.S . § 8-72-107, as amended. Specifically, Partic1patmg Agency shall not release any Provider information to any other person or entity other than the individual wage earner, benefit rec1pient. or employing unit C R S § 8-72-107, as amended , reads , 1n part Information thus obtamed, or obtamed from any Individual pursuant to the administration of§ § 70 to 82 of th1s t1t1e . except to the extent necessary for the proper presentation of a cla1m , or w1thholdmg tax account numbers if such numbers are obtained from the department of revenue pursuant to§ 39-21-113 , C.R.S ., shall be held confidential and shall not be published or be open to public i nspection (other than to public employees in the performance of their public dut1es. to an agent of a state or local ch1ld support enforcement agency pursuant to§ 8-72-109 (9), or to an agent of the diVISion designated as such in writing for the purpose of accomplishing certam of the division's functiOns) in any manner revealing the individual's or employmg umt's ident1ty Any employee or member of the div1sion or any referee who VIolates any provision of this section is guilty of a misdemeanor and , upon conviction thereof, shall be pumshed 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. . b Only release Prov1der information to the individual wage earner, benefit recipient, or employing un1t 1f 11 IS prepared and presented by Participatmg Agency on its own letterhead or affidavit. Specifically , Participating Agency shall not release mformation v1a screen prints of Prov1der mformatlon from the database. A copy of wage statements or other wage mformation obtamed from the computer database maintained by the Provider shall be admissible into evidence for the purposes of determining i ncome for child-support-enforcement cases as per the Uniform Dissolution of Marriage Act, § 14-10-115, C.R.S ., as amended c Only use and access Provider i nformation as authorized m § B , above Only those employees of Part1c1pat ing Agency who are directly responsible for the use specified i n § B above shall have access to or use of, Provider information Pnor to allow1ng any employee of Participating Agency to access or use any Prov1der information or participate m any activity . Participating Agency shall requ ire any such employee to reVJew and agree to the usage and access terms outlined by the Provider and provided to Participating Agency by Provider For each user, Participating Agency shall reques t from the 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 Agency shall submit completed forms for each user to the Provider's Contract Page 2 of9 Pages 12-37064 Coordinator or designee for review. The acceptance or denial of the request for access is solely determined at the discretion of Provider. d. 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 . e. Permit employees or authorized agents of Provider to make on-s1te inspections, during normal business hours , to ensure that Participating Agency is in compliance wi th the requirements of the Colorado Rev1sed Statutes and any applicable State and federal statutes or regulations. f. Designate a Security Coordinator responsible for all tasks related to requesting , removing , or changing access of Participating Agency'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: Cheryl Ames (or designee), Security Coordinator Colorado Dept. of Labor and Employment Information Technology Management 633 17~t~ Street, Suite 800 Denver, CO 80202 (303) 318-8310 Partic ipating Agency: Kersten Armstrong , Municipal Court Administrator City of Wheat Ridge 7500 W. 29m Avenue Wheat Ridge, CO 80033 (303) 235-2836 g. Comply with all security and access procedures established by Provider Participating Agency shall submit to Provider's Contract Coordinator or designee the names of all employees for whom authorization to access Provider information is requested. h. Notify Providers' Contract 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. i. Expressly agree that Provider shall not be liable to Participating Agency for damages, in whatever form or however characterized or claimed , from inadequacies with , or in, State Information j. Make payments as descnbed: (1 .) Initiation Fe e (Setup Fee). Participating Entity shall pay an Initiation fee of Eight Hundred and Five Dollars ($805.00) for each data access contract executed. This fee applies to each subsequent data access contract executed ; (2.) Re newal Fee. In addition to the initiation fee for every data access contract executed , the Participating Entity shall pay an annual renewal fee of Si x Hundred Do llars ($600.00 ) on Februa ry 1 of each year this Contract is in effect; {3 .) User Fee. Parttcipating Entity shall pay a one-time user fee of Fi ve Do llars ($5 .00 ) for each user identification number asstgned to Participating Entity, at Participating Entity's request , at the initiation of this Contract for the systems-information access identified in § B above. Fees paid for each specific user identification shall be considered a "lifetime" fee that will apply throughout the continuous data-access-contracting relationship of the parties identified in this contract, so long as the specific user identification is used continuously and without interruption ; Page 3 of 9 Pages 12-37064 (4) User Fee. Participating Entity shall pay a one-t1me user fee of Ten Do llars ($10.00) for each addrt1onal user identification number ass1gned to Part1c1pating Entity , at Part1c1patmg Entity's request, after the effective date of this Contract for the systems-1nformat1on access identified m § 8 above. Fees pa1d for each specifiC user identification shall be considered a "lifet1me" fee that w1ll apply throughout the continuous data-access-contracting relationship of the parties 1dent1fied 10 th1s contract, so long as the spec1fic user 1dent1ficatton is used continuously and without interruption; and, (5 ) Usage Fe es . Participating Entity shall be billed penod1cally for all other costs mcurred for which Prov1der has submitted an invoice (6 ) Billing Inqui r ies. The contact information for payments and billing inqwries for both Parties shall be. COLE : Colorado Dept. of Labor and Employment Attn : Cash Man agement 633 17"' Street, Suite 11 00 Denver, CO 80232-3631 (303) 318-8111 2. Duties and Obligatio ns of Provider Provider shall Participating Agency: Kersten Armstrong Municipal Court Admimstrator City of Wheat Ridge 7500 W 291" Avenue Wheat Ridge, CO 80033 (303) 235-2836 a Allow access to Provider information as ind1cated m § 8 above by providing , where appropriate , access to information through a computer data hnk; access shall be available from 8 ·00 a m to s·oo p m Mountain Standard Time. Monday through Friday, (except for legal State holidays) barnng machme or power fa1lure , or overload of the terminal network b Provide mformat1on to Participatmg Agency, contmgent upon the availability of the requested 1nformat1on w1thm the State's computer system. Prov1der shall not be liable to Participating Agency for damages, in whatever form or however charactenzed or claimed, from madequacies wtth , or in , State mformation c Prov1de training to Participating Agency , as necessary , with regard to the policies and operating procedures related to accessing and using the Provider Information systems designated in § B . above. d lnvo1ce Participating Agency on a monthly bas1s for ''Provider's costs" "Provider's costs" include, but are not limited to: billings from the Colorado Information Technology Services (CITS), which relate to the services be1ng provided to Participating Agency by Prov1der; costs for spec1al programming , if any; Central Processing Unit (CPU) dial up costs ; and , any and all other transactions or equipment costs which may be , or have been, provided to Participating Agency by Prov1der D. ADDITI ONAL PROVISIONS 1. Lega l Autho rity The parties warrant that each possesses actual, legal authorrty to enter i nto th1s Data- Access Contract. The person or persons s1gnmg th1s 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 2. Re latio n s h i p o f Parties. The Participating Agency shall perform 1ts duties hereunder as an independent contractor and not as an employee of the State Neither the Participating Agency nor Page 4 of9 Page s 12-37064 any employee or agent of the Participating Agency shall be , or shall be deemed to be an employee or agent of the State The Participating Agency shall pay when due all required employment taxes and income tax and local head tax on any monres patd pursuant to thts Contract. The Participating Agency acknowledges that the Participating Agency and 1ts employees are not entitled to unemployment msurance benefits unless the Parttctpatmg Agency or thtrd party provides such coverage and that the State does not pay for or otherwtse provtde such coverage. The Partictpatmg Agency shall have no authorization , either expressed or tmphed, to bmd the State to any Agreements , liability, or understanding except as expressly set forth herem The Participating Agency shall provtde and keep in force Workers' Compensatton tnsurance coverage (and show proof of such msurance coverage) and unemployment compensation insura nce in the amounts required by law, and shall be solely responsible for the acts of the Participating Agency. its employees and agents. 3. Assignment. The nghts, duties. and obligations of Participatmg Agency under this Data-A ccess Contract may not be assigned , delegated, or otherwtse transferred Without the prior express , wntten consent of Provider. 4. Performance Monitor ing. a. Parttctpating Agency shall permit Provider, the United States Department of Labor, or any other duly authonzed governmental agent or agency , to monrtor all activtties conducted by Participating Agency p ursuant to the terms of this Data-Access Contract Such monitoring may consist of internal evaluation procedures , exammaiiOn of program data, special analyses. on-site checktng , formal audtt examinations. or any other reasonable procedures All such momtonng shall be performed tn a manner that shall not unduly tnterfere with the performance of the dulles or obhgattons of Participating Agency under thts Data-Access Contract b Participating Agency authorizes Provider to perform audits or inspections of the records of PartiCipating Agency at any reasonable time during the term of thts Data-Access Contract and for a penod of five (5) years followtng the termmat1on of thts Data-Access Contract 5. Ownership of Material s and Information. Participating Agency agrees that all materials, tnformatlon. data , computer software, documents , studies, and/or wntten evaluations produced by etther Provider or Partictpatmg Agency in the performance of this Data-Access Contract are the sole property of Provider. 6. Notice of Pending Litigation. Unless otherw ise provided for, Participatmg Agency shall: notify Provider in writmg , within five (5) working days after bemg served w ith a summons , complaint, or other pleading in a case which has been filed in any fed eral or state court or administrative agency, an d which summons, complamt . or other plead ing involves services prov1ded under this Data-Access Contract: and , shall deliver copies of any such document or documents to Provider 7. Waiver The waiver of any breach of any term or provision of thts Data-Access Contract shall not be construed as a watver of a breach of any other term or provis1on of this Data-Access Contract or. a watver of a subsequent breach of the same term or proviston of this Data-Access Contract. 8. Term i nati on f o r Cause If Provider concludes, tn its sole discretion , that Participating Agency. {a) has breached any term of this Data-Access Contract: (b) performed 1ts dut1es and obligations hereunder in an unsatisfactory, incorrect, or improper manner; or (c) engaged tn improper or Illegal activities, then Prov1der may termtnate this Data-Access Contract tmmedtately Without the notice otherwise required under this Data-Access Contract and , w1thout any compensatton to Partictpating Agency for termmat1on costs 9. Te rm i nation f o r Conv enienc e. Each party has the right to terminate thts Data-Access Contract. To terminate this Data-Access Contract , the terminating party must mail , by United States mail , Certified Mail , return receipt requested . a Notice of Intent to Termmate Data-Access Contract to the other party. The Notice of Intent to Terminate Data-Access Contract must be mailed no less than thirty-three (33) calendar days before the effective date of the termination of this Data-Access Contract T his Data- Page 5 of9 Page s 12-37064 Access Contract shall terminate upon the expiration of a thirty (30)-day-notice period. 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. 10. Severability. To the extent that this Data-Access Contract may be fully executed , and/or performance of the duties and obligations of the parties hereunder may be accomplished within the intent of this Data-Access Contract, the terms of this Data-Access Contract are severable If any term or provision hereof is declared invalid by a court of competent jurisdiction or, otherwise becomes inoperative for any reason , then such invalidity or failure shall not affect the validity of any other term or provision of this Data-Access Contract. 11. Notic e 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 Mail , 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: PARTICIPATING AGENCY : Kersten Armstrong , Court Administrator City of Wheat Ridge Wheat Ridge Municipal Court, 7500 W. 29111 Avenue Wheat Ridge, CO 80033 (303) 235-2836 PROVIDER: Proc urement and Contracts Offic e Lisa Eze Purchasing Director Department of Labor and Employment 633 17'h Street, Suite 1100 Denver, CO 80202-3660 (303) 318-8054 With c opies to: Security C o o rdinator Cheryl Ames Department of Labor and Employment Information Technology Management Office 633 171tt Street , Suite 800 Denver, CO 80202-3660 (303-318-831 0) Contract Coordi n ator Laura Pak Department of Labor and Employment Unemployment Insurance Policy 251 East 12111 Avenue Denver, CO 80203 303-318-9298 Page 6 of 9 Pages 12-37064 12. Indemni fic ation. To the extent authorized by law, Partic1patmg Agency shall Indemnify, save, and otherwise hold Provider. and its employees and agents , harmless against any and all claims, damages, ltabihties , or court awards, including costs , expenses , and attorneys' fees and related costs incurred by Prov1der as a result of any act or omiSSIOn of Participating Agency, its employees, agents, or licensees pursuant to the terms of this Data Access Contract. 13. Dis putes Arising From or as a Res ult of this Contrac t Participating Agency recognizes that it alone 1s responsible for the use of mformat1on provided to 11 pursuant to the terms of this Data- Access Contract PartiCipating Agency also recogmzes that the information provided to it pursuant to the terms of th1s Data-Access Contract is confidential pursuant to the prov1s1ons of§ 8-72-107, C R S , as amended Therefore, tn the event that a dispute anses as a result of any act by , or omission of, PartiCipating Agency, or its employees, agents , or subcontractors , pursuant to the terms of th1s Data-Access Contract , Participating Agency shall be solely responsible for any and all claims, damages. hab1httes , or court awards , including costs, expenses, and attorneys' fees , and shall hold the State of Colorado, and specifically the Colorado Department of Labor and Employment, its employees and agents, harmless for the same and will reimburse the Colorado Department of Labor and Employment for any and all costs, fees, and/or expenses incurred . 14. Compliance with Applic able Laws. Participating Agency shall . at all times dunng the performance of rts duties and obligations under this Data-Access Contract, stnctly adhere to the following applicable laws and regulations Title VI of the Civil Rights Act of 1964 , as amended;§ 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 unfatr employment practices. and , an Executive Order dated April16 , 1975, entitled "Equal Opportunity and Affirmative Act1on" 15. A c knowl edgment of Applicable Cri minal Law The s1gnatones hereto aver that they are familiar w1th § 18-8-301 , et ~. {Bribery and Corrupt Influences), and § 18-8-401. et seq ., {Abuse of Public Office), C.R S., as amended. and that no violation of such prov1s1ons IS present. 16. No Beneficial Interest of the Parties. The Signatories hereto aver that to their knowledge, no state employee has a personal or beneficial 1nterest whatsoever in the service{s) or property descnbed herein. 17. No Financial Autho r i zation or Obligati on o f Provider In no event shall Prov1der authorize or make any financial payment to Participating Agency under this Data-Access Contract. 18. Modification By the Parti es Except as specifically prov1ded in th1s Agreement , mod1ficat1ons of this Agreement shall not be effective unless agreed to tn wrrt1ng by both parties in an amendment to this Agreement, properly executed and approved in accordance w1th applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies , includmg , but not lim1ted to. the pohcy entitled MODIFICATION S OF CONTRACTS· TOOL S AND FORMS. By Operatio n of Law Th1s Agreement is subject to such modifications as may be required by changes 1n Federal or Colorado State law. or their Implementing regulations. Any such required mod1ficat1on automatically shall be mcorporated mto and be part of th1s Agreement on the effective date of such change, as if fully set forth herem 19. Limitation of Liabili ty. State does not guarantee the accuracy of the information provided to Participating Agency pursuant to this Contract State's obligation to provide mformation to Participating Agency IS contingent upon the availability of the requested information w1thtn the State's computer system . Participating Agency expressly agrees that State shall not be liable for Page 7 of 9 Pages 12-37064 damages , in whatever form or however characterized or claimed, from inadequacies with, or m, State information 20. Recordkeeping. Part1c1patmg Agency shall mamtam a complete file of all records , documents, communrcations and other material wh1ch pertain to this agreement for a penod of five (5) years from the date of final payment under th1s Agreement , unless Prov1der requests that records be retained for a longer period. 21 . Entire Understanding This Data-Access Contract is the complete integration of all understandings between the parties . No pnor or contemporaneous addition(s), deletion(s). or other amendment(s) hereto shall have any force or effect whatsoever, unless embodied herein in writmg No subsequent novat1on(s), renewal(s). addit1on(s). deletlon(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 22. Governmental Immunity Notwithstanding any oth er prov1sion of this Contract to the contrary, no term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits. protections, or other provisions of the Colorado Govemmentallmmumty Act (CGIA). § 2 4-10-101 , et sea , C R S , as now or hereafter amended The part1es understand and agree that liability for cla1ms for Injuries to persons or property arising out of the alleged negligence of the State of Colorado, its departments, 1nst1tutions , agencies. boards, officials , and employees is controlled and lim1ted by the prov1s1ons of § 24-10-1 01 et seq., C.R.S., as now or hereafter amended. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page g of 9 Pages By: 12-37064 THE PARTIES HERETO HAVE EXECUTED THJS CONTRACT • Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor's behalf and acknowledge that the State Is relying on their representations to that effect CO!'ITRACTOR STATE OF COLORADO Ci t} of Wheat Ridge John \\. Hicken looper. GOVERNOR Colorado Department of Labor and Emplo} ment Elle n Golombek, Executive Direc tor J erry DiTull io . Ti tl e: ~ ayo r ry)."J L /! 11 • !d~ L /l"ure D:lle· t ~2DI~ ATTEST: "Y' ~fs~r~ Date: I /0 .:2.0 _:L,; r 1 By: J et'l" Fiugerald, Dt re ctor Lnemploy ment lns urance Programs Date. COLORADO STATE CONTROLLER David J. McOennotl, C PA By : --------~~--~~------------~ Sha"'n G. ~lilne State Controller Delega te Date: _____________ _ Page 9 of9 Pages