HomeMy WebLinkAbout6352•ctii i. 36i
•Iti.i 1 i 1 A ' i IN i '1�1:' i i is 1 L* 1' i i�
1:• 'i 1� � i'' /i 1 i i ti �'i I iry i
WHKREAS, the Colorado Division of Local Government can provide
employment data for individual business and governmental establishments; and
W gREAS, the City of Pueblo has offered to participate in the 1990
Census Place of Work Coding Program; and
WHEREAS, the data which the Division of Local Government can provide
would materially assist the City of Pueblo in carrying out the mandates of the
1990 Census Work Place Coding Program;
SECTION 1
The City of Pueblo will authorise that ES-202 employment data will be
purchased from the Colorado Division of Local Government.
SECTION 2
The City of Pueblo will abide by the attached agreement of
confidentiality governing use and release of this information.
SECTI 3
This resolution shall become effective upon final passage.
I z i 'iii' AIM �• 1 •;•
BY DR. GILBERT GARBISO
Councilman
•'•' X11 '
MWAMME,
/��, ,% a I� � ✓�
[S E A L]
COOPERATIVE AGREEMENT
BETWEEN
COLORADO DIVISION OF LOCAL GOVERNMENT
AND
THE CITY OF PUEBLO
This Agreement made this 21st day of March , 1989 between
the Colorado Department of Local Affairs herein called "Department"
and the City of Pueblo herein called
the City of PuPh1e '
It is the policy of the Department to disseminate to other public
officials, to be used in the performance of their public duties, certain
statewide and area information on the employment and employing units
insofar as the mandatory confidentiality . or an individual's and an
employer's information can be maintained. This policy is in recognition
of the need of public officials to be able to make effective joint and
diverse decisions concerning their social and ecological environments,
jobs and job openings in their areas. These decisions, being as complex
as they are, continue to require ever increasingly detailed data. It is
to facilitate this continuing and expanding need and in particular to
facilitate participation in the 1990 Census Place- of -h'ork Coding Project
that this cooperative Agreement is undertaken.
In consideration of the Agreement by the Department to supply the
information set forth in "Exhibit A ", it is agreed by
the Ci ry of Ptit -mn that such information shall be
handled by _ the City o Pueblo as agent for the
Department in, and only in, the manner set forth:
1. The City of Pueblo agrees that it is
and uill be bound by and subject to Articles 70, 72 and 80 of the
Colorado Employment Security Act, Title 8, and Colorado Revised
Statutes 1973 as now or hereafter amended, including without
limitation Section 8 -72 -107 (See Exhibit "C ") thereof, accepting for
the.purpose hereof, the designation of Agent for the Division of
Employment and Training of the Colorado Department of Labor and
Employment, said purpose of such Agency being the receipt, handling
and safeguarding of the aforesaid information relating to employment
and employine, unit's. It is expressly understood and agreed
that the City of Pueblo , by entering into this cooperative
Agreement, neither incurs nor assumes any obligation or responsibility
as an employing unit, nor does the r.; t -y of P1101,1n
as agent assume responsibility for any reporting, regulatory or
enforcement functions: and that the Department's Agency as hereinabove
described shall relate only to receiving, handling, and safeguarding
employment information furnished to them by the Department of Local
Affairs.
Page 1 of 3
2. In no event shall the r.;ry n f r„ },1 or its employees
divulge either directly or indirectly to persons not subject to this
Agreement, any information in any manner revealing an individual's or
employing unit's identity as prohibited by the Colorado Employment
Security Act. However, it is understood and hereby agreed that as
part of the Place -of -Work Coding Project information on the specific
location and location only Not information on employment and wages)
of employees within _ Puebl.o County will be
sent to the Denver Regional Office of the U.S. Bureau of the Census.
3. The City of Pueblo agrees to notify and advise in
writing, prior to permitting access to confidential data, all
employees who are engaged in activities necessitating access to
confidential information provided by the Dcpartment,.or who may
otherwise have access to such information of the requirements of
confidentiality and of the possible penalties and fines imposed by
violation, and to secure from each an acknowledgment of such
advisement (Exhibit B) and an agreement to be bound by the terms of
this Agreement as employees of the City of Pueblo
•1 • The r; ry o r P„el,ln agrees not to breach the
confidentiality requirements as set forth in Section 8 -72 -107,
Colorado Revised Statutes 1973, as amended, or relevant federal
regulations.
a. Any breach of this Agreement by the City of Pueblo shall
constitute good cause for the Department or the Division of Employment
and Training to cancel this Agreement without liability, and to cease
supplying information. Any and all information previously delivered
to the _city or Puel)IO shall be returned to the
Department upon cancellation of this Agreement. Any Department or
Division waiver of an alleged breach of this Agreement shall not be
construed to imply waiver of any subsequent breach. The obligations
set forth in this Agreement concerning confidentiality and the
obligation of the _ r.;ry of Pnrhln and its employees
shall survive any cancellation of this Agreement and continue in force
and effect under applicable statutes and regulations including without
limitation Section 8 -81 -102, Colorado Revised Statutes, 1973, as
amended.
G. Notwithstanding any further or more detailed restrictions in Exhibit
"A ", which shall be part of this Agreement as set forth above, the
following minimum requirements shall at all times prevail:
(a) No data shall be published or otherwise disseminated at any area,
industry, federal Department or Federal Agency level which;
(i) Contains fewer than three (3) employing (reporting units)
and /or federal Installations (a single physical unit engaged
in one or predominantly one type of governmental activity).
r'.►c;c 2 of 3
(ii) Contains one employing unit or Federal Installation
representing more tban 80 percent of the total employment at
any area, industry, or Federal Department or Federal Agency
level.
(b) However, publication or dissemination. may occur when data in
question is "folded back" t:o the next less detailed level able to
meet the confidentiality requirements of this paragraph.
(c) No data provided under this contract may be used or disseminated
in any sway other than to assist in the agent's valid
administrative function.
7. It is agreed by the City of Pueblo for itself and its
employees that title to and knowledge of all material, information,.
and data made available by the Department shell be and remain in the
Department at all times except when in the t:emnorary possession of
the Ciry_of Pueblo
8. This Agreement shall terminate one year from the date hereof unless
sooner terminated as set forth in paragraph 5 above or unless extended
for additional terms not to exceed one year each in duration. Upon
termination of the agreement all materials, information, and data mndc
available by the Department to the rit-y of Puph10 shall
be returned to the Department. This Agreement may be terminated by
either party upon thirty (30) days written notice to the other party.
City Of Pueblo, it
Municipal Co poration-
Pr sident of City Council
APPROVED AS TO FORM:
Ci
APPROVED .
Tim Schultz, Executive Director
Colorado Department of Local Affairs
April 11, 1989
Date
Date
Transmission of the information covered by this agreement
to the City of Pueblo under the conditions specified above, is
approved by:
William La Grange, Chief
Labor Market Information
Colorado Department of Labor and Employment
Date
I'n�-c 3 of 3
Exhibit B
The City of Pnnhln
Colorado Department of
access to ES -202 data.
the Citv of Pueh].o
directly or indirectly
information in any man
identity as prohibited
Acknowledgment of Advisement
has an agreement with the
Local Affairs granting the _City of ptlehlo
The agreement specifics that "In no event shall
or its employees divulge either
to persons not subject to this Agreement, any
ier revealing; an individual's or employing unit's
by the Colorado Employment Security Act."
As signatory to this agreement, each person designated
by the City of 1 1 1jej)10 to have access to this data
stipulates that he /she has read the Cooperative Agreement between the
Colorado Department of Local Affairs and the
and the amendment's thereto and agrees to maintain the confidentiality and
comply with all requirements of this information as specified by the
Cooperative Agreement and the Colorado Employment Security Act.
Upon receipt of ES -202 data the recipient shall sign a Confidential
Materials Transfer Receipt and note that requirement 4 of Exhibit "A"
(page:) reads, "Confidential materials transferred temporarily are not to
be copied or reproduced and no duplicate listings, diskettes, or magnetic
tapes are to be made without the Division's approval."
Name
fi- Y .
Name
Name
Date
Date
Date
page 1 of 1
Exhibit "A" for
Cooperative Agreement Between
Colorado Department of Local Affairs
and
The City of Pueblo
OBJECTIVES
Whereas, the Department of
information on employment,
the Ciro of P inh1n finds
its assigned public respon!
_- Agreement with the -City of
interest.
Objectives, Definitions,
Requirements, and Procedures
Local Affairs has in its possession certain
earnings, and employing units, and, whereas
the information to be useful in carrying out
:ibilities, the Department enters into this
Pueblo to further the public ....
As allowed by Section 8- 72- 107(1), CRS 1973 (as amended) employees of
the City of Pueblo are considered to be public employees, and
the City of Pueblo is an agent of the Division of
_. ........ Employment and Training and the. Department of Local Affairs..
This Agreement does not require the Department to commit any resources
other than available relevant data.
D EFTNTTIONS
The following definitions, incorporated into this Agreement, are:
1. "Reporting Unit" is to be identical to "Employing Unit" as
defined in 8 -70- 103(9) (See Exhibit "C ") of the Colorado
Employment Security Act of 1976 as amended.
2. "Establishment" is an economic unit which produces goods or
services. It is usually at a single physical location and
engaged in one or predominantly one type of, industrial activity.
3. "Federal Installation..." In Government the term "Installation"
generally is used in lieu of establishment and is so used here.
Page 1 of 3
PROCEDURES
Confidential material consisting of ES -202 quarterly detailed listings (by
county) will be released by the Department to the City of pulshin
in the following manner:
1. Confidential materials may be in the form of listings, diskettes,
or magnetic tapes and will require a receipt for transfer
control.
2. The State Demographer, Department of Local Affairs (or his
designee) and the City of Pueblo (or his designee)
are designated and coordination points for these receipts
(Item 1. above) and this Agreement.
3. Care will be taken through sign -out procedures that knowledge of
the location of this confidential material and the responsible''
person in possession of it is maintained continuously.
4. Processing of this confidential material should require only that
the data format and specifications be known.
a. Since this Agreement may involve maintaining a continuing flow of
information, there should evolve a "best system" design between
the Department and the City of Pueblo to
minimize redundant processing of data for the necessary updates.
REQU IREMENTS
I. Receipts for the transfer of confidential data will show: a) date
of-transfer; b) type of item; c) number of pages, diskettes, or
tapes; d) identify title, data, code, and label, and e) the name
of the person authorized to release the data and'the name of the
person authorized to accept the data.
2. Those individuals designated as control and coordination points
for this A .ereement will be known to both parties of this
Agreement at all times (see Exhibit "B "). Any changes in these
designations and /or responsibilities will be made in writing and
appended to this Agreement.
?. The Chief of Labor Market Information, Division of Employment and
Training or the State Demographer, Department of Local Affairs
(or his designee) may request from the City of nuebin
access to the premises for the purpose of verifying where the
Division's and the Department's confidential data is being kept,
measures taken to insure its proper handling, and to verify that
only persons authorized to have access to his data are the only
ones so doing.
Page 2 of 3
4. Confidential materials transferred temporarily are not to be
copied or reproduced and no duplicate listings, diskettes, or
magnetic tapes are to be made without the Division's or the
Department's approval.
5. When edit routines cause printout errors, specialists from the
Division of Employment and Training would have to be requested to
fully verify, identify, and effect any corrections to the
original data.
G. In the event rules, regulations or statutes affecting the
confidential aspects of this agreement are subsequently changed,
this agreement shall be amended reflecting the nee.
confidentiality requirements.
Page 3 of 3