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HomeMy WebLinkAbout20081755.tiff RESOLUTION RE: APPROVE PURCHASE OF SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - COMMUNITY MEDIATION PROJECT, INC., C/O CRAIG CONRAD 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 Purchase of Services Agreement 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 Community Mediation Project, Inc., c/o Craig Conrad, commencing June 1, 2008, and ending September 30, 2008, 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 Purchase of Services Agreement 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 Community Mediation Project, Inc., do Craig Conrad, be,and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of June, A.D., 2008, nunc pro tunc June 1, 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 114 rII -��• - ATTEST: ELM . � ��':, � \ .'t William H. Jerke, Chair Weld County Clerk to t S.. 1 _ ` ? - EXCUSED R bent %Maaden Pro-Tem BY: Deputy Clerk t• the Boar. ��''�� Wil F. G rcia APPROVED/AS T `t i K` David E. Long ounty Att y ad (' Douglas emach r Date of signature: if 2008-1755 ge i /CSC HR0079 C� Di �l' -ok' Memorandum r ,. „,...,„,„ Date: June 23, 2008 Wlige. To: William H. Jerke, Chair, Board of County Commissioners From: Judy A. Griego, Director, Dept. of Human Services COLOR ADO Subject: Purchase of Service Agreement Craig Conrad "frit) ,r 4lir� ,1 Enclosed is a Purchase of Services Agreement between the Department of Human and Craig Conrad on behalf of the Community Mediation Project for the Healthy Marriages Demonstration Grant. This item was discussed at the June 16`h Board Work Session Meeting. The major provisions of the agreement are: 1. The term of the contract is from June 1, 2008 through September 30, 2008. 2. To provide education programs and services for the Healthy Marriage Grant. 3. The total amount of the agreement is for $140,206. If you have any questions please telephone me at 352-1551, extension 6510. i Filed BM 06 08 I I.doc 2008-1755 PURCHASE OF SERVICES AGREEMENT THIS AMENDMENT is made and entered into this Adday of Jute, 2008, by and between the Weld County Department of Human Services' recipients of the Healthy Marriages Demonstration Grant, hereinafter referred to as "DHS", and Craig Conrad on behalf of Community Mediation Project, Inc., hereinafter referred to as "CMP." WITNESSETH: WHEREAS, Building Healthy Marriages, hereinafter referred to as "BHM" supports the Weld County Department of Human Services' goal to intervene successfully with families in the least intrusive manner while maximizing safety before they enter the judicial system; and upon their entry into the child welfare and juvenile justice systems, to expedite the positive resolution of their treatment or case plans; and WHEREAS, BHM supports the Weld County Department of Human Services' desire to develop balanced systems of care in Weld County under a community based services integration process, emphasizing family strengths through interagency and community collaboration; and WHEREAS, BHM supports the development of balanced systems of care with evidenced-based and promising practices that are outcome based; and WHEREAS, under the Personal Responsibility and Work Opportunity Reconciliation Act, the Temporary Assistance for Needy Families (TANF), which is the Colorado Works Program, BHM supports the Weld County Department of Human Services' desire to encourage the formation and maintenance of two-parent families; and WHEREAS, the BHM supports the Weld County Department of Human Services' Families First Programs, which are designed to maintain two-parent families and to intervene with families under a balanced system of care; and WHEREAS, Human Services' Families First Programs include the Weld County Healthy Marriages Initiative, which will promote marriage education with related supportive services, and collaborative processes among United Way of Weld County, CMP, and Human Services; and WHEREAS, BHM is to provide Marriage education, marriage skills, and relationship skills programs that may include, financial management, conflict resolution, and job and career advancement for non-married pregnant women and non-married expectant fathers; pre-marital education and marriage skills training for engaged couples and for couples or persons interested in marriage; marriage enhancement and marriage skills training programs for married couples, and marriage mentoring programs, which use married couples as role models and mentors in at- risk communities. .,;bog-/755 WHEREAS, CMP, as the successful bidder, has the expertise and knowledge to provide a marriage education program under the Federal Marriage Education Demonstration Grant, and WHEREAS, CMP will focus on the expectations of marriage related services under the Federal Marriage Education Demonstration Grant and promote a balanced system of care to families in Weld County, WHEREAS, CMP has the expertise and knowledge to develop and organize a county- wide Healthy Marriage effort, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from June 1, 2008 through September 30, 2008. 2. SERVICES PROVIDED BY COMMUNITY MEDIATION PROJECT; CMP agrees to assist and directly report to DHS in developing and providing marriage education programs and services under Human Services' Federal Marriage Education Demonstration Grant structure for 2007-2008 Project related to: • Actively participate in the planning and implementation of the Federal Marriage Education Demonstration Grant project revisions as identified by the Federal Project Officer and staff during the site visits that took place on February 27— 28 and March 19, 2008 with representatives of Human Services and the planning team consisting of Community Mediation Project, and United Way of Weld County; and • Identify the best process to support individuals interested in marriage, non- married pregnant mothers and non-married expectant fathers, engaged couples, and married couples in which to bring a community saturation type model of service delivery of marriage education; and • Identifying the best process to support low-income (200%of poverty) married/or presenting as married couples with children under the age of 18 (21 if child is disabled), can demonstrate legal residency status in the United Stated and in Weld county, or couples expecting a child, that would sustain their involvement in marriage education as part of the Marriage Mentoring Program; and • Providing marriage education services by trained and certified marriage educators, including Marriage Seminars, Marriage Mentoring, Marriage Enrichment Weekends, Marriage Booster Sessions, Conflict Resolution Training, Premarital Inventories and Financial Management Workshops to low-income (200% of poverty) married /or presenting as married couples with children under the age of 18 (21 if child is disabled), can demonstrate 2 legal residency status in the United States and in Weld County, or couples expecting a child; and • Maintain service agreement documents that include providing oversight and training for the educators, facilitators, and coaches to ensure compliance with the Federal Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government and the Faith-based protocol set by the Weld County Building Healthy Marriage Program; and • Working with and encouraging partnerships and collaboration among faith-based and community organizations to advance a sustainable community-wide healthy marriage initiative, to include scheduling, coordinating, preparing and conducting premarital inventories, marriage education seminars, marriage enrichment weekends, marriage mentoring seminars, marriage boosters, financial management workshops and ongoing conflict resolution coaching and training to be conducted by and those partnerships; and • Articulating the broad values of Human Services to develop a balanced system of care in Weld County under a community based services integration process that can be designed and implemented under the Federal Marriage Education Demonstration Grant Project, emphasizing family strengths through interagency and community collaboration; and • Integrating these definitions, practices, and broad values more systematically into preliminary evaluative criteria to be utilized by the University of Northern Colorado and evaluators of the Federal Marriage Education Demonstration Grant; and • Reviewing and participating in the ongoing design of the Federal Marriage Education Demonstration Grant Project with the Department of Human Services, United Way of Weld County and other community partners with special emphasis on the marriage education and community saturation component; and • Reviewing ongoing reports and outcomes of the Federal Marriage Education Demonstration Grant Project with Social Services, United Way of Weld County and other community partners with special emphasis on the marriage education component; and • Committing 2.75 FTE to the planning, development and delivery of the Federal Marriage Education Demonstration Grant; and. • Implementing marriage education curriculum with related services that comply with the Federal Guidance to Faith-Based and Community Organizations on Partnering with the Federal Government and the Faith-based protocol set by the Weld County Building Healthy Marriage Program to allow 82 couples to participate in marriage education classes prior to September 30, 2008, including: 3 o The hiring and training of instructor(s), who meet qualifications as required by the project design; and o The scheduling of marriage education classes that will meet the scheduling demands of the couples participating in the project; and o The coordination of support services and related activities as required by the project design; and o The reporting of outcomes of classes and participation of couples; and o The development of post marriage education services, through the initiative and through the coalition, for the purposes of retention and affirming of the skills taught. • Reviewing the literature and resources to suggest specific marriage education and related services to develop a marriage education component and the retention of marriage education skills. • Tracking outcomes that are used in evaluating the success and practices of the Federal Marriage Education Demonstration Grant with the University of Northern Colorado by: o Identifying the expectations of Human Services, Community Mediation Project, United Way of Weld County, and anticipated expectations of other contractors under the Federal Marriage Education Demonstration Grant; and o Assisting in the development of the evaluation of activities; and o Assisting in the identification of the necessary data to be provided to support the evaluation. • Ensuring that public statements, promotion and marketing in print, broadcast, and internet is inclusive of the logos and recognition of Human Services' Families First Logo, United Way of Weld County and Community Mediation Project. • Providing written monthly activity reports and other reports as required to DHS monthly for review. • Actively participating in the resolution of problems and issues with DHS during the planning and implementation of the Federal Marriage Education Demonstration Grant Project as identified by Human Services and the planning team of Community Mediation Project and United Way of Weld County. • Finalizing amendments or development for a new Agreement with DHS for the period of June 1, 2008 through September 30, 2008; which will include, at a minimum: 4 o CMP budget for the period of June 1, 2008 through September 30, 2008, as projected in Item 3, Compensation according to available appropriations. 3. COMPENSATION: DHS agrees to pay CMP for professional and educational services pursuant to this Agreement a sum of$ 140,206, which includes $6706 for staff mileage, , and $59,396 from the County Matching Funds. Itemization of all monthly bills shall be in accordance to the CMP budget (Attachment A). Any requests for reimbursement for expenses not included on the CMP budget must have pre-approval from DHS prior to the expenditure. CMP shall submit an itemized monthly bill to DHS no later than the twenty-fifth (25) day of the month following the month the cost was incurred and in accordance to the following criteria: • Criteria for monthly invoices under budget line item Healthy Marriage Education Administration (HMEA) shall be divided in two separate requirements: 1) Salaries, administrative overhead, office occupancy and office supplies should reflect 1/12`h of the CMP budget to do educational administration— under these budget line items only— additional documentation of expenditure costs will not be required. 2) Quarterly Educational Partnership Meetings and Weekly Regional Meetings shall be billed at actual costs. Therefore, DHS will reimburse for expenses incurred—up to budgeted amount— and will require documentation be attached to all invoices reflecting the expense(s) before payment will be processed. • Criteria for monthly invoices under the following budget line items shall be billed on actual costs: Marriage Education Seminars (MES), Conflict Resolution Coaching (CRC), Relationship Inventories (RI), Marriage Education Staff Training (MET), Marriage Boosters (MB) and Financial Management Education (FME). Invoices shall be itemized in accordance to CMP budget line items with documentation submitted showing the expense(s) incurred. • Funding for the Marriage Enrichment Weekends (MEW) may be billed for and reimbursed prior to the event with the stipulation that all monies will be refunded in the event that the MEW does not take place as planned. • Payments of costs incurred pursuant to this Agreement are expressly contingent upon the availability of the Colorado Works or Temporary Assistance for Needy Families (TANF) funds and/or Federal Marriage Education Demonstration Grant. • DHS shall not be billed for and reimbursement shall not be made for time involved in activities outside of those defined in this Agreement. Work performed prior to the execution of this Contract shall not be reimbursed or considered part of this Agreement. 5 1 • DHS may withhold any payment if CMP has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements, CMP may appeal such circumstance to the DHS Director. The decision of the DHS Director shall be final. • CMP agrees to comply with Federal administrative requirements, cost principles outlined in OMB Circular A-87 and other requirements set forth in Title 45 of the Code of Federal Regulations, "Uniform Administrative Requirements for Grants and Cooperative State and Local Governments." • CMP agrees to comply with and upon request from DHS provide accounting records demonstrating compliance (general ledger) to the single audit requirements set forth in OMB Circular A-133 and the OMB Circular A-133 Compliance Supplement. • All computer equipment will be owned by CMP and will be maintained by CMP. • The parties agree that the service rate as contemplated herein shall constitute the entire amount of compensation due to CMP for any work performed hereunder. 4. ASSURANCES: CMP shall abide by the Assurances, as attached as Exhibit B. 5. TERMINATION: Either party may terminate this Agreement at any time by providing the other party with a 30-day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the teiuis of the Agreement. 6. TIME OF THE ESSENCE: Time is of the essence in each and all of the provisions of this Agreement. 7. ENTIRE AGREEMENT/MODIFICATIONS: This Agreement including Exhibit A constitutes the entire understanding between the parties with respect to the promises and covenants made therein. No modification of the terms of this Agreement shall be valid unless made in writing and agreed to by both parties. 8. NON-APPROPRIATION: No portion of this Agreement shall be deemed to create an obligation on the part of DHS to expend funds not otherwise appropriated in each succeeding year. 9. WAIVER OF IMMUNITIES/THIRD PARTY LIABILITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities of DHS or its officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care with respect to any persons other than DHS and not a party to this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have signed the date and year set forth above. BOARD OF COUNTY COMMISSIONERS COMMUNITY MEDIATION PROJECT OF WELD COUNTY, COLORADO ' Jr BY: '.e lire BY: William Jerke, Chair JUN 2 3 2008 Cra. onrad A�`tIAS . „ r OLE[t`i „ E BOARD OF ,t , t WO _ I MISSIONERS f:` r, , q ,� 3I �; 1 CW -___: '"� .uty ;rk to the Boa WELD COUNTY DEPARTMENT OF HUMjJ ERVICES I BY: u y A. Gri go, Directo 7 a2/Y761-/755 Community Mediation Project Contracted Budget for June 1, 2008 — September 30, 2008 Attachment A PARTNER- COMMUNITY MEDIATION PROJECT Federal Share Cash - Match Marriage Education Seminars(MES) 8-hour PREP Seminars, 65 couples @ $400/couple, $ 19,500 Facility, $50/couple = $3,250, Couple's Material, $50/couple = $3,250, Seminar Materials, $10/seminar = $650, Coaches, $50/couple = $3,250, Meals/Snacks, $140/couple = $9,100 Educators, $100/couple = $6,500, $ 5,276 $ 1,224 Conflict Resolution Coaching (CRC) Coaching sessions, 10 couples @ $200/couple, $ 2,000 4 hours of coaching @ $50/hour/couple = $200/couple. Relationship Inventories (RI) Prepare/Enrich Inventories, 10 couples @ $200/couple, $ 500 Couple's Materials, $20/couple = $200, Scoring Fees, $30/couple = $300. Leader Fees, $150/completion = $1,500, $ 276 $ 1,224 Marriage Education Staff Training (MET) Staff Trainingand updates in various marriage curricula, $ 9,970 Marriage Education Updates in PREP, WOR, and Prepare/Enrich curricula,10 @ $300/each = $3,000, Marriage Coach Training, 10 @ $200/each = $2,000, Smart Marriage Conference, 2 @ 1,250/each = $2,500, Collaborative Communication Training, 2 @ $1,235/each = $2,470. Marriage Enrichment Weekends (MEW) Weekends of two overnights, 40 couples @ $950/ couple, $ 32,000 Couple's Lodging and Meals, $460/couple = $18,400 Couple's Materials, $50/couple = $2,000, Educational Supports, $50/couple = $2,000, Educators/Coaches Lodging and Meals, $190/couple = $7,600, Meeting room, $50/couple = $2,000. Educators/Coaches Services, $150/couple = $6,000; $ 4,776 $ 1,224 8 • Healthy Marriage Education Administration (HMEA) Costs to do educational administration in Weld County, $ 44,530 Marriage Education Manager, 1 FTE = $12,360, Name: Craig Conrad Duties/Responsibilities: Oversees the Healthy Marriage Educational program. Recruits, trains, qualify, employs, evaluates and supervises contracted BHM staff, marriage educators,roaches and vendors. Stays informed of current marriage education research and training, maintains marriage education and training credentials. Oversees information management, establishes and maintains the database to track educators, coaches, mentors and program partidpants. Establishes the CMP BHM budget, expenditures and provides financial reports. Plans, strategizes, coordinates and attends all required meetings with partner agencies. Ensures the updating of and compliance with BHM policies, procedures and protocols. Responsible for building the faith-based Healthy Marriage Educational Partnership, representing BHM to diverse groups and agencies, and recruiting participant couples throughout Weld County. Serves as a volunteer educator and coach as needed. Hispanic Marriage Education Manager, .75 FTE = $7,000, Name: Juvenal Cervantes Duties/Responsibilities: Recruits, trains, qualifies, employs, evaluates and supervises contracted Hispanic BHM staff, marriage educators, and coaches. Stays informed of current marriage education research and training, maintains marriage education and training credentials. Coordinates and attends all required meetings with partner agencies. Responsible for building the faith-based Healthy Marriage Educational Partnership, representing BHM to diverse groups and agencies, and recruiting participant couples in the Hispanic community throughout Weld County. Serves as a volunteer educator and coach as needed. Facilitates all monolingual Spanish speaking seminars, workshops and events. Marriage Education Coordinator, 1 FTE = $10,640, Name: Alison Conrad Duties/Responsibilities: Schedules and coordinates all marriage education, coaching and training events, establishes and maintains the infrastructure for effective marriage education programs throughout Weld County. Responsible for office operations; answers phones, greets the public, orders supplies, makes copies, manages office equipment, mailings, manages vendor relationships. Maintains marriage education and training credentials. Coordinates and attends all required meetings with partner agencies. Serves as volunteer educator and coach as needed. Administrative Overhead, $1,500/month = $6,000, Office Occupancy, $850/month = $3,400, Office Supplies, $150/month/FTE = $1,650, Quarterly Educational Partnership Meeting Facility, $500/meeting/2 events = $1,000, Quarterly Educational Partnership Meeting Speaker, $300/meeting/2 events = $600, 9 Quarterly Educational Partnership Meeting Handouts and Materials, $100/ meeting/2 events = $200, Quarterly Educational Partnership Meeting Lunches, $11/each for 40/meeting/2 events = $880, Weekly Regional Meeting, $50/week = $800. Marriage Boosters (MB) $ 6,000 Two 1-day seminars, 30 couples @ $300/couple, Facility, $50/seminar = $1,500, Couple's Materials, $50/couple = $1,500, Coaches, $50/couple = $1,500, Meals/Snacks, $50/couple =$1,500. Educators, $100/couple = $3,000, $ 1,776 $ 1,224 Financial Management Education (FME) Coaching or Workshops, 10 couples @ $200/ couple, $ 2,000 Four hours of coaching/workshop, $50/hour/couple = $200/couple. TOTAL COMMUNITY MEDIATION PROJECT $ 74,104 $ 59,396 I0 EXHIBIT B ASSURANCES CONTRACTOR agrees it is an independent contractor and that its officers and employees do not become employees of Weld County, nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County, its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of CONTRACTOR- contracted CONTRACTOR or its employees, volunteers, or agents while performing duties as described in this Agreement. CONTRACTOR shall indemnify, defend,and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers,and agents. CONTRACTOR shall provide adequate liability and worker's compensation insurance for all its employees, volunteers,and agents engaged in the performance of the Agreement upon request, CONTRACTOR shall provide Social Services with the acceptable evidence that such coverage is in effect. 3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall any portion of this Agreement be deemed to have treated a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsections,paragraph, sentence, clause, or phrase of this Contract is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Contract and each and every section, subsection, paragraph, sentence, clause,and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest,direct or indirect, in the approved Agreement or the proceeds thereof. 7. CONTRACTOR assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall,on the grounds of race,creed, color, sex, or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract. 8. CONTRACTOR assures that sufficient,auditable, and otherwise adequate records that will provide accurate, current, separate,and complete disclosure of the status of the funds received under the Contract are maintained for three (3)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal,and State auditors,and representatives to audit and monitor CONTRACTOR. 9. All such records, documents,communications,and other materials shall be the property of Social Services and shall be maintained by CONTRACTOR, in a central location and custodian, in behalf of Social Services, for a period of four (4)years from the date of final payment under this Contract,or for such further period as may be necessary to resolve any matters which may be pending,or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the four(4)year period,or if audit findings have not been resolved after a four(4)year period,the materials shall be retained until the resolution of the audit finding. 11 10. CONTRACTOR assures that authorized local, federal,and state auditors and representatives shall,during business hours,have access to inspect any copy records,and shall be allowed to monitor and review through on-site visits,all contract activities, supported with funds under this Contract to ensure compliance with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 1 I. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and assigns. CONTRACTOR or Social Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. CONTRACTOR certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of CONTRACTOR to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract, loan,grant, or cooperative agreement. 13. CONTRACTOR assures that it will fully comply with all other applicable federal and state laws. CONTRACTOR understands that the source of funds to be used under this Contract is§26-2-707.5 Colorado Works resource funds. 14. CONTRACTOR assures and certifies that it and its principals: a. Are not presently debarred, suspended,proposed for debarment,and declared ineligible or voluntarily excluded from covered transaction by a federal department of agency. b. Have not,within a three-year period of preceding this Agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public (federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of this certification;and d. Have not, within a three-year period preceding this Contract,had one or more public transactions (federal,state,and local)terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social Services when the contractor also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest,it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract, CONTRACTOR shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, CONTRACTOR shall submit to Social Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Social Services' termination, for cause, of its contract with CONTRACTOR. 12 16. CONTRACTOR shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Contract. Except for purposes directly connected with the administration of Child Protection,no information about or obtained from any applicant/recipient in possession of CONTRACTOR shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with CONTRACTOR written policies governing access to, duplication and dissemination of, all such information. CONTRACTOR shall advise its employees, agents, and subcontractor, if any, that they are subject to these)confidentiality requirements. CONTRACTOR shall provide its employees, agents,and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets,business affairs, internal operations and management procedures and those of its customers, clients or affiliates,but does not include information (1)lawfully obtained from third parties, (2) that which is in the public domain, or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Contract. Any proprietary information removed from the State's site by CONTRACTOR in the course of providing services under this Contract will be accorded at least the same precautions as are employed by CONTRACTOR for similar information in the course of its own business. 18. CONTRACTOR certifies it will abide by Colorado Revised Statue(C.R.S.)26-6-104,requiring criminal background record checks for all employees,contractors, and sub-contractors. 19. Contractor certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5- 101, et seq. Contractor shall not knowingly employ on contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor represents, warrants, and agrees,that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(6). Contractor shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8,17.5-102 by the Colorado Department of Labor and Employment. If Contractor fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Social Services may terminate this Contract for breach and Contractor shall be liable for actual and consequential damages to Social Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if Contractor receives federal or state funds under this Contract, Contractor must confirm that any individual natural person eighteen (18) years of age or older is lawfully,present in the United States pursuant to C.R.S. 24- 76.5-103(4) if such individual applies for public benefits provided under this Contract. If Contractor operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101, et seq., and (c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. 13 Hello