HomeMy WebLinkAbout20060652.tiff RESOLUTION
RE: APPROVEGENERALASSISTANCEAGREEMENTFOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - WELD COUNTY ASSOCIATION OF OPTOMETRISTS AND
OPHTHALMOLOGISTS
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 General Assistance 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 Weld County
Association of Optometrists and Ophthalmologists, commencing January 1, 2006, and ending
December 31, 2006, 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 General Assistance 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 Weld County
Association of Optometrists and Ophthalmologists 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 8th day of March, A.D., 2006, nunc pro tunc January 1, 2006.
I /
BOARD OF C UNTY COMMISSIONERS
/ ii � WELD CO Y, COLORADO
ATTEST: Liu
. J. eile, Chair
Weld County Clerk to the
` P t .
l�J� r.^f u �
BY: ., IUr -LI ��G�lC��C
Davi . Long, Pro-TemY
D uty rk to the B rd /Ll`, /`
William H. Jerke
APP R D AS TO F EXCUSED
Robert D. Masden
ouhty Attorney EXCUSED
Glenn Vaad
Date of signature: 312 y lac ,
2006-0652
SS0033
CC, . SS 0 3 -yci-0(1"
ricit, ,, DEPARTMENT OF SOCIAL SERVICES
P.O. BOX
GREELEY, CO. 80632 Website:www.co.weld.co.us
Administration and Public Assistance(970) 352-1551
Fax Number(970) 346-7691
111 i g O
•
COLORADO MEMORANDUM
TO: M.J. Geile, Chair Date: February 27, 2006
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services ' ( i,\Lt '.A,l.(�k�
v k.
RE: General Assistance Agreement for Services etween Weld County Association
of Optometrists and Ophthalmologists and Weld County Department of Social
Services
Enclosed for Board approval is an Agreement for Services between Weld County Association of
Optometrists and Ophthalmologists (Association) and Weld County Department of Social
Services (Department). This Agreement was reviewed at the Board's Work Session of December
12, 2005.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is Calendar Year 2006.
2. The source of funding is Weld County General Fund.
3. The Association will provide services to clients who are not Medicaid eligible as follows:
A. Basic examination at a fee of$50. County will pay $44.00 and the client will pay
a co-pay of$6.00.
B. Lenses at various rates not to exceed a fee of$29.00.
4. The Department agrees to reimburse the Association an amount not to exceed $22,000,
according to the fee schedule provided in the Agreement.
If you have any questions,please contact me.
l
2006-0652
Contract No.: PY06-GA-20
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND WELD COUNTY
ASSOCIATION OF OPTOMETRISTS AND OPHTHALMOLOGISTS
This Agreement,made and entered into the th day of December 2005,by and between the Board of County
Commissioners, on behalf of the Weld County Department of Social Services, hereinafter referred to as "Social
Services," and "Weld County Association of Optometrists and Ophthalmologists," hereinafter referred to as the
"Contractor."
WITNESSETH
WHEREAS,required approval,clearance and coordination has been accomplished from and with appropriate
agencies;and
WHEREAS, the County of Weld,pursuant to the Weld County Home Rule
Charter,has provided general fund resources for General Assistance services to needy Weld County residents as
identified by Social Services; and
WHEREAS,Social Services desires to enter into an agreement with the Contractor to assist Social Services in
providing General Assistance services to eligible individuals.
NOW THEREFORE, in consideration of the premises, the parties hereto
covenant and agree as follows:
1. Terms
This Agreement shall become effective on January 1,2006,upon proper execution of this Agreement and shall
expire December 31,2006. The Contractor agrees that time is essence in their performance of its obligations
under this Agreement, and that completion of the Project shall occur no later than the termination date of
December 31,2006.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for General Assistance services in
compliance with Exhibit A "Scope of Services," a copy of which is attached and incorporated by reference.
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"a copy of which is attached and
incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement,which will be paid from county
funds during the duration of this agreement.
b. The Contractor shall submit an itemized monthly billing to Social Services for all costs incurred
pursuant to Exhibit A of this Agreement in accordance with criteria established by Social Services.
The Contractor shall submit all itemized monthly billings to the Social Services no later than the
fifteenth(15)day of the month following the month the cost was incurred. Billings must be signed by
the Contractor.
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Contract No.: PY06-GA-20
Failure to submit monthly billings in accordance with the terms of this agreement shall result in the
Contractor's forfeiture of all rights to be reimbursed for such expenses.
c. Payments to the Contractor shall be made monthly by Social Services upon receipt of such itemized
billings as required under Exhibits A and B.
d. Reimbursement of costs incurred pursuant to this Agreement is expressly contingent upon the
availability of Weld County funds to Social Services.
e. 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.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the Contractor 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 General Assistance must conform to the
Single Audit Act of 1984 and OMB Circular A-128.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. the Contractor shall provide proper monthly invoices and verification of services performed for costs
incurred in the performance of the agreement.
b. Social Services may withhold any payment if the Contractor has failed to comply with the Financial
Management Requirements,program objectives, contractual terms, or reporting requirements.
6. Assurances
The Contractor 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 Applibable Laws
At all times during the performance of this contract,the Contractor 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 this Contract. The Contractor acknowledges that the following laws are included:
-Title VI of the Civil Rights Act of 1964,42 U.S.C. Sections 2000d-I 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 regulation, 45 C.F.R.Part 84; and
-the Age Discrimination Act of 1975,42 U.S.C. Sections 6101 et. seq.and its implementation regulation,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
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Contract No.: PY06-GA-20
-the Education Amendments of 1972; and
-Immigration Reform and Control Act of 1986,P.L. 99-603;
Health Insurance Portability and Accountability Act(1996) as amended
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. Included if
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 Social Services or with the U.S.Department of Health and Human Services,Office for
Civil Rights.
8. Certifications
Contractor 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
The Contractor and Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by the Contractor and
Social Services. The results of the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners.
The Contractor shall permit Social Services, and any other duly authorized agent or governmental agency, to
monitor all activities conducted by the contractor 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.
11. Remedies
The Director of Social Services or designee may exercise the following remedial actions should s/he find the
Contractor 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 the Contractor.
These remedial actions are as follows:
a. Withhold payment to the Contractor 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 the Contractor 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.: PY06-GA-20
c. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall be
recovered from Contractor by deduction from subsequent payments under this Agreement or other
agreements between Social Services and the Contractor,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: For the Contractor:
John Kruse,A. P. Manager 4 Mary L. Freitag, Dr. of Optometry
Name Title 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:
Judy A. Griego, Director Mary L. Freitag,Dr. of Optometry
P.O.Box A 2001 46`h Avenue
Greeley, CO 80631 Greeley, CO 80631
14. Litigation
The Contractor shall promptly notify Social Services in the event that the Contractor learns of any actual
litigation in which it is a party defendant in a case which involves services provided under this Agreement.
The Contractor,within five(5)calendar days after being served with a sununons,complaint,or other pleading
which has been filed in any federal o r state c ourt o r a dministrative a gency, s hall 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.
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 9
herein.
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Contract No.: PY06-GA-20
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
ELSA EL %
ATTEST: 141-
•016Weld County BOARD OF COUNTY COMMIS ' i " •. _
al
Clerk to the Board WELD COUNTY, LORADO
'rids
c/,, .e ti
By: L G 4 By..�ideta, v�y e/
DeputyCle k M. J. Geile - ;,Chair 1-
03/08/2006
APPROVED AS TO FORM:
WELD COUNTY ASSOCIATION OF
ounty Attorney OPTOMETRISTS AND OPHTHALMOLOGISTS
By:
hairman
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES Mem
By: ; ' VV
Director ember
•
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0700% - o6S.>?
Contract No.: PY06-GA-20
EXHIBIT A
SCOPE OF SERVICES
•
1. General Scope of Services
Under the Vision Care Program administered by Social Services, the
Contractor agrees to participate in the program by providing services to individuals determined by Social
Services to be eligible for general assistance and referred for vision services.
2. Eligible Recipients
Social Services shall be responsible for payment for vision services provided by members of the Association to
eligible recipients only after County has provided prior written authorization for such services to a member of
the Association.
Eligibility for such services shall be within the sound discretion of the County,but shall be available only where
alternative resources such as MEDICAID are not available.
3. Qualifications of Providers
Only members of the Contractor who are in good standing in the respective accredited society and/or
Association shall receive appointments as participating members of County's Vision Care Program.
4. Adjudicating Committee
A committee consisting of representatives of the Contractor shall recommend policies and initiate procedures
for this Vision Care Program and shall review billings and adjudicate, consistent with this Agreement, any
unusual fees. The billings shall be reviewed and adjudicated by the committee on a bi-monthly basis through
the month of September, after which the committee shall review billings on a monthly basis in October,
November, and December.
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Contract No.: PY06-GA-20
EXHIBIT B
PAYMENT SCHEDULE
I. Fundina and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and services performed,a
total amount not to exceed Twenty Four Thousand Dollars($22,000.00).
Expenses incurred by the Contractor,in association with said project prior to the term of this Agreement,are not
eligible General Assistance expenditures and shall not be reimbursed by Social Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is subject to and
contingent upon the continuing availability of Weld County funds for the purposed 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
The following schedule sets forth the reasonable fees which members of the Contractor may charge County
and/or recipients/patients during the term of this contract:
a. The recipient/patient shall pay a $6.00 fee for his examination plus, if glasses are prescribed and
ordered, a$6.00 fee for the glasses, and all other costs that exceed the maximum allowances before
receipt of the lenses and frames.
b. If the recipient chooses deluxe/photogray lenses,any additional costs for such lenses shall be paid by
recipient, and in no event shall such additional charges be paid by county. If recipient's choice of
lenses or frames exceeds the standard allowance by more than$40.00,($40 includes the$12 copay)
that recipient must assume responsibility for entire amount due, with no payment made by County.
c. The basic examination fee shall be$50.00,of which County shall pay$44.00 and the recipient/patient
shall pay$6.00.
d. The costs of lenses shall be billed to Weld County according to the following schedule:
(1) Single Vision Lenses Service Fee $18.00
(2) Bifocal Lenses Service Fee $23.00
(3) Trifocal Lenses Service Fee $29.00
A laboratory prescription fee,based on prices for lenses from the current DUFFENS Price List shall be
paid by County in addition to the schedule set forth above.
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Contract No.: PY06-GA-20
EXHIBIT B (Continued)
•
e. County shall pay the sum of$18.00 as a standard frame service allowance, and in addition,shall pay
the actual laboratory cost of the frame up to a maximum of$33.00 based on the manufacturer's current
price list. If a lower priced frame is used, County shall be billed the lower cost. If a higher priced
frame is used, County shall be billed the maximum allowance of$33.00 and the recipient shall pay
costs exceeding that amount.
f Temples and minor frame repairs not exceeding $22.00 cost shall be billed to County at their
customary charge. Lens and frame replacements are to be billed as set forth.
3. Submittal of Vouchers
When submitting vouchers for payment, members of the Contractor must include with such vouchers the
authorization form set forth in Exhibit A,Paragraph 2,above and shall itemize all costs. Together with itemized
fees for services and laboratory costs, such statement must show recipient's name, prescription, type of lens
provided(single-vision,bifocal,trifocal)and the amounts paid by the recipient/patient. Failure to comply with
these provisions shall result in disapproval of the charges by the Adjudicating Committee of the Contractor and
shall not be paid by Social Services.
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Contract No.: PY06-GA-20
EXHIBIT C
ASSURANCES
1. The 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 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. The 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, the •
Contractor shall provide Social Services with the acceptable evidence that such coverage is in effect.
3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,nor shall any portion of this Agreement be deemed to have treated a duty of
care with respect to any persons not a party to this Agreement.
4. No portion of this Agreement 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 Agreement is for any reason held or
decided to be unconstitutional,such decision shall not effect the validity of the remaining portions. The parties
hereto declare that they would have entered into this Agreement 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 goveming bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof
7. The 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 Agreement.
8. The 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 Agreement 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 the Contractor.
9. All such records,documents,communications,and other materials shall be the property of Social Services and
shall be maintained by the Contractor, in a central location and custodian, in behalf of Social Services, for a
period of three(3)years from the date of final payment under this ontract,or for such further period as may be
necessary to resolve any matters which maybe pending,or until an audit has been completed with the following
qualification: 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 three(3)year period,or if audit findings have not been resolved after a three(3)year period,
the materials shall be retained until the resolution of the audit finding.
10. The 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 Agreement 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.
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Contract No.: PY06-GA-20
EXHIBIT C(Continued)
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives, and
assigns. The Contractor of Social Services may not assign any of its rights or obligations hereunder without the
prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid,by or on behalf of
the 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. The Contractor assures that it will fully comply with the General Assistance Program regulation promulgated,
and all other applicable federal and state laws, rules and regulations. The Contractor understands that the
source of funds to be used under this Agreement is: General Assistance Funds.
14. The Contractor assures and certifies that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions 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 Agreement,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 fromknowledge 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 the 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,the 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 the
Contractor.
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 the administration of the General
Assistance Program,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. Contractor
shall have written policies governing access to, duplication and dissemination of, all such information.
Contractor shall advise its employees, agents and subcontractors, if any, that they are subject to these
confidentiality requirements. Contractor shall provide its employees,agents,and subcontractors,if any,with a
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Contract No.: PY06-GA-20
EXHIBIT C(Continued)
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(I)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 the Contractor in the course of providing services under this Contract will be
accorded at least the same precautions as are employed by the Contractor for similar information in the course
of its own business.
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