HomeMy WebLinkAbout20071188 RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - INDIVIDUAL AND GROUP THERAPY SERVICES
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 Child Protection Agreement for Services
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 Social Services,and Individual and
Group Therapy Services, commencing April 1, 2007, and ending December 31, 2007, 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, ex-officio Board of Social Services, that the Child Protection Agreement for
Services 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 Social Services,and Individual and
Group Therapy Services 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 30th day of April, A.D., 2007, nunc pro tunc April 1, 2007.
BOARD OF COUNTY COMMISSIONERS
WEL OUN COLORADO
ATTEST: �� /,d �rin w
""^""'9 °// -� •avid E. Long, Chair
Weld County Clerk to the B /
861
Iy Jerke, P em
BY: ���.
Deputy Clerk to the Boar.
p y Willi F. Garcia
AP"O D AS TO
Robe D. Masden
ounty Attorney c.Q,cwnailsr
Douglas adem er
Date of signature: is U7
2007-1188
SS0034
SS 05- 7/-0 -7
411°I 64;7:
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
I
GREELEY, CO. 80632
Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
WI D O Fax Number(970)353-5215
•
COLORADO
MEMORANDUM
TO: David E. Long, Chair Date: April 9, 2007
Board of County Commissioners //
4
FR: Judy A. Griego, Director, Social Services > v'\ C 'l l !"',,1}-,0.0
RE: Child Protection Agreement for Services between the Weld County
Department of Social Services and Individual & Group Therapy Services
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services (Department)and Individual &Group Therapy Service
This Agreement was reviewed at the Board's Work Session held on April 9, 2007.
The major provisions of the contract are as follows:
1. The term of the contract is April 1, 2007 through December 31, 2007.
2. The source of funding is Child Welfare Administration funding.
3. Individual &Group Therapy Services will provide treatment for sexually reative
behavior juveniles who are age 12 to 18 and of involved in the child welfare system.
4. The Department will reimburse Individual &Group Therapy Services according to their
fee schedule.
If you have any questions, please telephone me at extension 6510. '.
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2007-1188
Contract No: 07-CPS-75
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND INDIVIDUAL& GROUP THERAPY SERVICES
This Agreement,made and entered into the 1st day of March 2007, by and between the Board of Weld
County Commissioners,sitting as the Board of Social Services,on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and INDIVIDUAL&GROUP THERAPY SERVICES,
hereinafter referred to as"Provider".
WITNESSETH
WHEREAS,required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration
funding to Social Services for therapy for sexually abusive juveniles and adults;
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on April 1, 2007, upon proper execution of this Agreement and shall
expire December 31,2007, unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by PROVIDER to any person(s)eligible for child protection services in
compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached
hereto and incorporated herein by reference.
"Payment Schedule" shall establish the maximum reimbursement,which will be paid from Child
Welfare Regular Administration funds during the duration of this Agreement.
b. PROVIDER shall submit an itemized monthly bill to Social Services for all costs incurred and
services provided pursuant to Exhibit A of this Agreement in accordance with criteria established
by Social Services. PROVIDER shall submit all itemized monthly billings to Social Services no
later than the twenty-fifth(25)day of the month following the month the cost was incurred.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability
of Child Welfare Regular Administration funds to Social Services.
d. Social Services shall not be billed for, and reimbursement shall not be made for time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
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Contract No: 07-CPS-75
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, PROVIDER shall
comply with the administrative requirements, cost principles and other requirements set forth in the
Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds
expended under Child Welfare Regular Administration funding must conform to the Single Audit Act of
1984 and OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. PROVIDER shall provide proper monthly invoices and itemization of services performed for costs
incurred in the performance of the agreement.
b. Social Services may withhold any payment if PROVIDER has failed to comply with the Financial
Management Requirements, program objectives, contractual terms,or reporting requirements. In
the event of a forfeiture of reimbursements, PROVIDER may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
PROVIDER shall abide by all assurances as set forth in the attached Exhibit C,which is attached hereto and
incorporated herein by reference.
7. Compliance with Applicable Laws
At all times during the performance of this contract,PROVIDER shall strictly adhere to all applicable
federal and state laws,orders, and all applicable standards,regulations, interpretations or guidelines issued
pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records,
papers,documents,tapes and any other materials that have been or may hereafter be established which
relate to the Contract. PROVIDER acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d—1 et.seq. and its implementing
regulation,45 C.F.R.Part 80 et. seq.;and
Section 504 of the Rehabilitation Act of 1973,29 U.S.C. Section 794,and
its implementing regulations,45 C.F.R.Part 84;and
the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq.and
its implementation regulations,45 C.F.R. Part 91;and
Title VII of the Civil Rights Act of 1964;and
the Age Discrimination in Employment Act of 1967;and
the Equal Pay Act of 1963;and
the Education Amendments of 1972;and
Immigration Reform and Control Act of 1986,P.L.99-603;
42 C.F.R. Part 2
and all regulations applicable to these laws prohibiting discrimination because of race, color,
National origin,and sex,religion and handicap, including Acquired Immune Deficiency Syndrome(AIDS)
or AIDS related conditions,covered under Section 504 of the Rehabilitation Act of 1973,as amended,cited
above. If necessary, PROVIDER and Social Services will resist in judicial proceedings any efforts to
obtain access to client records except as permitted by 42 CFR Part 2.
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Contract No: 07-CPS-75
Included is 45 C.F.R. Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that
small and minority businesses are utilized,when possible, as sources of supplies,equipment,construction
and services. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with
the Colorado Department of Human Services or with the U.S. Department of Health and Human Services,
Office for Civil Rights.
8. Certifications
PROVIDER certifies that, at the time of entering into this Contract, it has currently in effect all necessary
licenses, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this
contract.
9. Monitoring and Evaluation
PROVIDER and Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by PROVIDER and Social Services. The results of the monitoring and evaluation shall
be provided to the Board of Weld County Commissioners and PROVIDER.
PROVIDER shall permit Social Services, and any other duly authorized agent or governmental agency,to
monitor all activities conducted by PROVIDER pursuant to the terms of this Agreement. As the monitoring
agency may in its sole discretion deem necessary or appropriate, such 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 will not unduly interfere with agreement work.
10. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
II. Remedies
The Director of Social Services or designee may exercise the following remedial actions should s/he find
PROVIDER substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to
satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by
PROVIDER. These remedial actions are as follows:
a. Withhold payment to PROVIDER until the necessary services or corrections in performance are
satisfactorily completed;
b. Deny payment or recover reimbursement for those services or deliverables,which have not been
performed and which due to circumstances caused by PROVIDER cannot be performed or if
performed would be of no value to the Social Services. Denial of the amount of payment shall
be reasonably related to the amount of work or deliverables lost to Social Services;
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Contract No: 07-CPS-75
c. Incorrect payment to PROVIDER due to omission,error,fraud,and/or defalcation shall be recovered
from PROVIDER by deduction from subsequent payments under this Agreement or other agreements
between Social Services and PROVIDER,or by Social Services as a debt due to Social Services or
otherwise as provided by law.
12. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
For PROVIDER:
Julie Nelson Therapy Provider
Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Social Services To: Individual&Group Therapy Services
Judy A.Griego,Director Julie Nelson
P.O. Box A 1020 8th Street
Greeley,CO 80632 Greeley,CO 80631
14. Litigation
PROVIDER shall promptly notify Social Services in the event that PROVIDER learns of any actual
litigation in which it is a party defendant in a case that involves services provided under this Agreement.
PROVIDER,within five(5)calendar days after being served with a summons,complaint, or other pleading
which has been filed in any federal or state court or administrative agency, shall deliver copies of such
document(s)to the Social Services Director. The term"litigation" includes an assignment for the benefit of
creditors, and filings in bankruptcy,reorganization and/or foreclosure.
15. Termination
This Agreement may be terminated at any time by either party given thirty(30)days written notice and is
subject to the availability of funding._PROVIDER reserves the right to suspend services to clients if funding is
no longer available.
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Contract No: 07-CPS-75
16. Entire Agreement
This Agreement,together with all attachments hereto, constitutes the entire understanding between the
parties with respect to the subject matter hereof, and may not be changed or modified except as stated in
Paragraph 10 herein.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written.
1O '!A)
ATTEST:
WELD COUNT , ."` OF COUNTY
CLERK TO TH: t ! t� 1F � .SIGNERS WELD
ORADO
By: �. /2i° Y'C� , .
uty Clerk �� David E. Long,Chair
AP 3 0 2007
AP 'OVED AS TO THERAPY PROVIDER
H;r7
BY
C un Attorney Individual&Group T py Services,Director
WELD COUNTY DEPARTMENT
OF SOCIAL S RVICES
By:
ire r
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o?OC 7-//f(
• Contract No: 07-CPS-75
EXHIBIT A
SCOPE OF SERVICES
OVERALL PROJECT DESCRIPTION
Individual and Group Therapy Services (IGTS) will utilize a non-medical, cognitive behavioral model,
focusing primarily on the treatment of juveniles and adults with sexually reactive behavior. This program
will be geared toward providing specialized outpatient services that meet the needs of male and female
clients. Adolescent groups will focus on youth between the ages of 12 to 18 years old. Adult groups will
accept clients age 18 and up. Both programs will provide education,treatment, and support to ensure a safe
and successful integration with the family and community.
This mission of the IGTS outpatient program for sexually reactive youth and sexually violent adults is to
reduce recidivism rates by:
• Providing a structured environment for the safety of the client, family and community.
• Increasing awareness and empathy for the victim and the impact of the offense on the victims and
family members.
• Fostering a family environment to effect positive change.
• Developing the use of appropriate social/sexual skills and expressions through recognition of
situations and stimuli that trigger sexually aggressive behavior.
• Assisting family members to develop the skills necessary to recognize and understand the sexual
behavior oft heir family member for the purpose of providing support while the client progresses
through treatment.
The IGTS outpatient program for sexually reactive youth will treat:
• Male and female youth twelve(12)to eighteen(18)years of age.
• Youth with current sexual offense adjudications or youth who have admitted guilt and will provide
a written letter from a parent or attorney stating they plan to plead guilty.
• Youth with both regular intelligence and developmental delays.
II. ELIGIBLE POPULATION FOR SERVICES
Social Services shall refer to Individual and Group Therapy Services (IGTS) for only those child welfare
cases that comply with the following criteria:
• The Case is active in the TRAILS computerized tracking system.
• The case meet the Colorado Department of Human Services program Criteria 4,5,6.
• The case meet the definition of"imminent risk for out of home placement/reunification, as defined
by the law or rules of the State of Colorado.
Clients for the offense-specific groups will include youth between the ages of 12 to 18. Total family units
will coincide with the number of youth in the offense-specific program. Bilingual services will be provided
for Spanish-speaking clients.
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Contract No: 07-CPS-75
III. TYPES OF SERVICES TO BE PROVIDED:
• Psychosexual Evaluation for Juveniles
• Juvenile Sex Offender Intake Assessment
• Juvenile Sex Offender Outpatient Treatment
• Individual Therapy
• Family Therapy
• Informed Supervision
• Multidisciplinary Team Meetings
• Aftercare Services
IV. CURRICULUM
• The sexual abuse cycle
• Cognitive distortions and irrational beliefs
• Arousal management
• Sex education
• Victim empathy and awareness
• Anger management/impulse control skills
• Cognitive behavioral modification
• Self-esteem building
• Relationship and interpersonal social skills
• Values clarification and examination
• Personal victimization
• Relapse prevention plan
• Aftercare services
V. MEASURABLE OUTCOMES AND OBJECTIVES:
IGTS shall abide by Social Services outcome indicatory of safety, permanency and child and family
wellbeing, which are provided under the Adoption and Safe Families Act (ASFA), 1997, Colorado Child
and Family Services Plan, and ACF Review(Reference: Federal Register,Volume 65, March 25,2000.
A. Client Objectives
Consistently defines all sexually abusive behavior
• Acknowledges risk by demonstrating foresight and using safety planning
• Consistently recognizes/interrupts sexual abuse cycle
• Demonstrates new coping skills and develops stress management techniques
• Demonstrates victim empathy and understands how his/her behavior effects the victim, family,
community,etc.
• Displays accurate attributions of responsibility for offending behavior
• Able to manage frustration and unfavorable events
• Rejects sexually abusive thoughts as dissonant with self image
• Demonstrates pro-social relationship skills
• Projects positive self image
• Demonstrates ability to resolve conflicts and make decisions
• Celebrates appropriate behavior and experiences pro-social pleasure
• Works/struggles to achieve delayed gratification
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• Contract No: 07-CPS-75
• Able to communicate assertively
• Develops family and/or community support systems
• Has an adaptive sense of purpose and future
B. IGTS Objectives:
The primary objective of IGTS will be to provide safety for the victim and the community, decrease
recidivism, and help clients develop healthy sexuality.
VI. WORKLOAD STANDARDS
IGTS will meet the following workload standards:
Complete up to five offense specific evaluations per month
• Begin group treatment with a minimum of four clients.
VII. STAFF QUALIFICATIONS
A. The IGTS adolescent and adult program for sexual offenders will meet or exceed the minimum
qualifications in education and experience. Services will be provided by three Masters level
counselors who have met the standards of practice to perform mental health intake assessments and
reports, as established by the State of Colorado Department of Regulatory Agencies. These
therapists are Licensed Professional Counselors for the State of Colorado.
B. Total staff available for the project=4
C. Three therapists are SOMB approved to provide adolescent treatment. Two therapists are SOMB
approved to provide adolescent, developmentally delayed offenders, and adult treatment,
evaluations, and plethysmography. Therapists who are not fully approved in these areas are
directly supervised by fully approved SOMB providers. IGTS follows all SOMB rules and
regulations for adolescents.
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Contract No: 07-CPS-75
EXHIBIT B
PAYMENT SCHEDULE
Funding and Method of Payment
Social Services agrees to reimburse PROVIDER in consideration for the work and services performed
under Child Welfare Regular Administration funding.
Expenses incurred by PROVIDER, in association with said project prior to the term of this agreement,are
not eligible Social Services expenditures and shall not be reimbursed by Social Services.
Payment pursuant to this Contract, if Child Welfare Regular Administration funds, whether in whole or in
part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration
funds for the purposes hereof. In the event that said funds, or any part thereof,become unavailable as
determined by Social Services, Social Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
Individual sessions at Individual and Group Therapy Services $65.00
Individual sessions off site $75.00
Groups(on and off site) $35.00
Mental Health Evaluation $450.00
Additional testing HARE, PCLR, VRAG $575.00
Anger Management/Domestic Violence Evaluation $450.00
Additional testing HARE, PCLR, VRAG $575.00
Sex Offender Evaluation for adults with PPG $900.00
Jail Evaluations $1150.00
Sex Offender Updated Evaluation with PPG $575.00
Jail updated evaluation $825.00
Penile Plethysmograph $250.00
Juvenile Sexual Offender Evaluation without testing $450.00
13 years and younger
Juvenile Sexual Offender Evaluation with testing and no PPG $575.00
14 years and older
Juvenile Sexual Offender Evaluation with testing and PPG $900.00
Chaperone and Informed Supervision for two(2)people $35.00
MMPI testing and writeup $195.00
Social Services referrals will not be sent to collections by PROVIDER for default of co-pay/fees. Services
will be performed regardless of client's refusal or inability to pay co-pay.
PROVIDER will collect any applicable sliding scale co-pays and credit Social Services for any payments
received on the monthly billing statements.
3. Submittal of Vouchers
PROVIDER shall prepare and submit monthly the itemized voucher and certify that the services authorized
were provided on the date indicated and the charges made were pursuant to the terms and conditions of
Exhibit A.
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Contract No: 07-CPS-75
EXHIBIT C
ASSURANCES
1. PROVIDER 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 PROVIDER or its
employees,volunteers, or agents while performing duties as described in this Agreement. PROVIDER shall
indemnify,defend,and hold harmless Weld County,the Board of County Commissioners of Weld County,
its employees,volunteers, and agents. PROVIDER 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,PROVIDER 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. PROVIDER 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. PROVIDER 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 PROVIDER.
9. All such records,documents,communications,and other materials shall be the property of Social Services
and shall be maintained by PROVIDER, 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.
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Contract No: 07-CPS-75
10. PROVIDER 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.
I I. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and
assigns. PROVIDER or Social Services may not assign any of its rights or obligations hereunder without
the prior written consent of both parties.
12. PROVIDER certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of
PROVIDER,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. PROVIDER assures that it will fully comply with all other applicable federal and state laws. PROVIDER
understands that the source of funds to be used under this Contract is Child Welfare Regular Administration
funds.
14. PROVIDER assures and certifies that it and its principals:
a. Are not presently debarred,suspended,proposed for debarment,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, PROVIDER 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, PROVIDER 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 PROVIDER.
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Contract No: 07-CPS-75
16. PROVIDER 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 PROVIDER
shall be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless
in accordance with PROVIDER written policies governing access to,duplication and dissemination of,all
such information. PROVIDER shall advise its employees, agents,and subcontractor, if any,that they are
subject to these confidentiality requirements. PROVIDER 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 PROVIDER in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by PROVIDER for similar information in the course of its own business.
18. The 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 or 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.
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