HomeMy WebLinkAbout20021666.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES FOR COLORADO WORKS PROGRAM
AND AUTHORIZE CHAIR TO SIGN - ISLAND GROVE REGIONAL TREATMENT
CENTER
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 an Agreement for Services for the
Colorado Works Program 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 the Island Grove Regional Treatment Center, commencing June 1, 2002, and
ending June 30, 2003, 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 Colorado Works Program
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 the Island Grove Regional Treatment Center, 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 26th day of June, A.D., 2002, nunc pro tunc June 1, 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
r
ATTEST: �,,,_/,il . E LI\EXCUSED
� � Vaad, Chair
Weld County Clerk to the : ar. ç# a '
1861 cI
N57
BY. �� d: . tzios �,�avid E. L , Pro-Tem
Deputy Clerk to theBoar 1 ! � ��d� ad...
M. J. Gei e
APP ED AS )d,-,
William H. Jerke
runty Attornjy EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
Date of signature: 1�/
(C , .c' 62 suS) 20SS0029
illirkilif .
ADEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
'IWEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
VI g c. Child Support(970)352-6933
/� ��
MEMORANDUM
COLORADO TO: Glenn Vaad, Chair Date: June 24,2002
Board of County Commissioners )
FR: Judy A. Griego, Director, Social Services_�,(.td. (A riLt((
RE: Colorado Works Program Agreement for Sk/llrvices etween'W eld ounty
Department of Social Services and Island Grove Regional Treatment
Center
Enclosed for Board approval is a Colorado Works Program Agreement for Services between the
Weld County Department of Social Services and Island Grove Regional Treatment Center. This
Agreement was discussed at the June 19, 2002, Work Session with the Board.
The Agreement was developed under the requirements of Section 26-2-707.5, Community
Resources Investment Assistance, Colorado State Statutes. The major provisions of the
Agreement are as follows:
1. The term of the Agreement begins June 1, 2002, and ends June 30, 2003.
2. The total cost of a one-year phase-in technology and service project will be $6,500 as
follows:
A. Social Services agrees to invest an amount of$2,795 to provide a technology and
services solution between Island Grove's Greeley and Fort Lupton Offices with
Social Services' Greeley and Ft. Lupton Offices.
B. Island Grove will retain ownership of any technology solutions including a
10MB wireless link and provide resources of$3,215 to complete the project and
pay for ongoing maintenance costs.
If you have any questions,please telephone me at extension 6510.
2002-1666
Contract No.: PY01/03-CWP-27
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
AMONG THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND ISLAND GROVE REGIONAL TREATMENT CENTER
( ) Purchase of Information and Referral Services
( ) Purchase of Educational Services
( ) Purchase of Program Development Services for Youth and Families
This Agreement, made and entered into the 26 th day of June 2002,by and between the Board of
County Commissioners of the County of Weld, sitting as the Board of Social Services for the Weld County
Department of Social Services, hereinafter referred to as "Social Services"; and Island Grove Regional
Treatment Center, Inc.,hereinafter referred to as"Contractor."
WITNESSETH
WHEREAS, required approval, clearance and coordination has been accomplished from and with
appropriate agencies; and
WHEREAS, the County of Weld has provided Social Services fund resources for education,
training, and support services for Weld County's low-income families; and
WHEREAS, alcohol and drug screening, assessment, and therapy is a critical issue in Colorado
including Weld County; and
WHEREAS, Colorado Works applicants and recipients including family preservation recipients
require such alcohol and drug services to strengthen families and provide for such alcohol and drug
services to enable applicants and recipients to succeed in education and training, especially applicants and
recipients located in rural Weld County; and
WHEREAS, Social Services has determined that it is appropriate and advisable to expand
technology access in Greeley and South Weld County for the benefit of both Colorado Works clients and
Social Services staff through a collaborative environment with the Contractor and to solve a technology
barrier that prevents such access expansion through a one-year phase-in plan; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor by investing in
a viable technology link between Social Services and expanding services to assist Colorado Works clients
and Social Services staff.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as
follows:
Page 1 of 6
Contract No.: PY01/03-CWP-27
1. Term
This Agreement shall become effective on June 1, 2002,upon proper execution of this Agreement
and will expire June 30, 2003, subject to the termination provisions set forth in Section 15,below.
Payment for the start-up phase of the one-year plan will occur prior to June 30,2002.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for services in compliance
with Exhibit A"Scope of Services," a copy of which is attached hereto and incorporated herein by
reference.
3. Payment Schedule
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which is
attached hereto and incorporated herein by reference.
The Agreement Budget shall establish the maximum reimbursement, which will be paid
from county funds during the duration of this agreement.
b. Unless otherwise instructed in Exhibit 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.
Failure to submit monthly billings in accordance with the terms of this agreement shall
result in Human Services' and Contractor' 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 Contact until completion of this Contract, the
Contractor shall comply with the administrative requirements, cost principles and other
Page 2 of 6
Contract No.: PY01/03-CWP-27
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-133.
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 Applicable 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-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 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
-the Education Amendments of 1972;and
-Immigration Reform and Control Act of 1986,P.L.99-603;
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.
Page 3 of 6
Contract No.: PY01/03-CWP-27
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.Depai lucent of Health and
Human Services, Office for Civil Rights.
8. Certifications
The 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 Social Services and the Contractor. 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;
Page 4 of 6
Contract No.: PY01/03-CWP-27
c. Incorrect payment to the Contractor due to omission, error, fraud, and/or defalcation shall
be recovered from the 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 Contractor:
Jackie Humphreys,Common Support James L.Marcy,Director,Business Services
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: Contractor
Judy A. Griego,Director B.J.Dean,Executive Director
P.O. Box A 1140 M. Street
Greeley,CO 80632 Greeley,CO 80632
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 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.
16. Entire Agreement
Page 5 of 6
Contract No.: PY01/03-CWP-27
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.
ATTEST: ., �ni O�i`=,_:�:si
}
Weld County Cle (o o ) BOARD OF COUNTY COMMISSIONERS
ts6i f ry 4. JWELD C TY,COLORADO
Vi`c by I
By: /,l. �/ � %� F By
' David E. Long, C it Pro—Tem
Deputy Clerk toth� (06/26/2002)
APP AS TO 7 NI:
CONTRACTOR:
o Atto ney ISLAND GROVE REGIONAL
TREATMENT CENTER,INC.
By: p^
W
WELD COUNTY DEPARTMENT 1�\dC
OF SOCIAL SERVICES
By:
J A. go, Direc r
Page 6 of 6
Contact No.: PY01/03-CWP-27
EXHIBIT A
SCOPE OF SERVICES
Scope of Services
A. Social Services administers and funds educational and training activities under the
Colorado Works Program,as described in 9CCR 2503-1, Section 3.600 of the Colorado
Department of Human Services' Staff Manual,and Section 6.030 of the Weld County
Department of Social Services Operations Manual. Social Services has determined that it
is appropriate and advisable to:
1. Enhance the process to provide and to report the results of alcohol and drug
screening, assessment, and therapy to Colorado Works applicant and recipients
including family preservation recipients in Greeley and South Weld County;and
2. Strengthen families by providing a technology solution by which a Colorado
Works applicant and recipient can succeed in education and training through
alcohol and drug services, especially applicants and recipients located in rural
Weld County;and
3. Expand technology access in Greeley and South Weld County for both Colorado
Works clients and Social Services staff through a collaborative environment
with the Contractor and to solve a technology barrier that prevents such access
expansion through a one-year phase-in plan; and
4. Invest in a viable technology link between Social Services and the Contractor
and to expand services to Colorado Works clients and Social Services staff.
Social Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works
resources in expanding technology access in South Weld County through a collaborative
partnership in the interest of quality services and access to alcohol and drug assessment,
testing, and therapy for eligible Colorado Works Program youth and families including
those families receiving family preservation services.
2. Eligible Youth and Adults
Social Services shall be responsible for identifying Colorado Works families who are eligible to
be served by the Contractor.
A. Youth who are foster care/adopt children and are IV-E eligible under TANF and are
placed in the County Certified Foster Care Homes and Group Homes and are
emancipating from the Child Welfare System through the ALIVE—E Program;or
B. Adults who are eligible for,applicants of or receiving TANF,Medicaid,and Food
Stamps and have incomes below 185%of poverty level;or
C. Adults who are non-custodial parents and are unemployed or underemployed and have
incomes below 185%of poverty level.
Page 1 of 2
Contract No.: PY01/03-CWP-27
3. Role of Social Services
A. Social Services will invest in a one-year phase-in project including a technology and
service project with the Contractor for purposes of this Agreement only.
B. Social Services will refer eligible Colorado Works applicants and recipients to the
Contractor for access to the Contractor's Greeley and Ft. Lupton Office for services.
4. Role of Contractor
A. The Contractor will be responsible for any technology solutions related to this project
including ownership and maintenance of such technology solutions and services to be
provided.
B. The Contractor will conduct surveys of clients utilizing the Contractors' Ft. Lupton
Office including Social Services referrals to ascertain expansion of services to South
Weld County for a period ending December 31,2002 and June 30,2003.
C. The Contractor will document that improvements have been made to the process and
system regarding alcohol and drug services between the Contractor and Social Services
as follows:
1) The installation of an e-mail access system for both the Greeley and Ft. Lupton
Offices of the Contractor will be completed by June 30,2003.
2) The completion of two benchmark surveys by the Contractor with the
development assistance of Social Services to be conducted with the Contractor's
and Social Services staff by July 31,2002, and June 15,2003 to document the
level of improvement in services areas as follows:
a) Timely results by the Contractor of alcohol and drug assessment and
testing for purposes of Colorado Works and Child Welfare
responsibilities with eligible clients in the areas of Individual
Responsibility Contracts and Child Welfare Treatment Plans.
b) Client statistics to verity cost-sharing ratios.
c) E-mail connections between the Contractor and Social Services
resulting in a timely resolution of client questions,treatment
authorizations, and data requests.
d) Client demographics resulting in a faster response time to Social
Services regarding client statistics and referral numbers.
e) Timely and accurate billings to shorten processing times and improving
billing completeness regarding correct and complete Social Services
authorization time periods,household numbers and referral numbers.
2) Timely reporting to Child Welfare caseworkers and Colorado Works will result
in increased efficiencies associated with Individual Responsibility Contracts or
Treatment Plan.
Page 2 of 2
Contract No.: PY01/03-CWP-27
EXHIBIT B
PAYMENT SCHEDULE
1. Method of Payment
Expenses incurred by the Contractor,in association with said project prior to the term of the
Agreement, are not eligible Social Services 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 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. Overall Cost of the One-Year Start-up Plan and Start-up Fee Assessment
Social Services agrees to invest a total of$2,795 or 42.9%of the total project,which totals $6,500,
as follows:
1. Assist the Contractor in their technology project to expand and solve a technology barrier
among the Contractor's Greeley and Ft. Lupton Offices with Social Services' Greeley
and Ft.Lupton Offices through a 10MB microwave link and the Countractor's other
microwave link.
2. Obtain services from the Contractor,which will demonstrate increased capacity and
services to Colorado Works clients and Social Services staff, as a result of the technology
project.
The Contractor will be the owner of the 10MB microwave link and agrees to provide maintenance
costs for the system.
If the Contractor is not able to achieve the goals outlined in Exhibit A, C,the Contractor agrees to
return a proportional share of$2,795 by June 30,2003,to Social Services.
3. Billing
The Contractor will bill Social Services before June 30, 2002, for start-up costs.
Page 1 of 1
Contract No.: PYOI/03-CWP-27
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 the
Contractor or its employees, volunteers, or agents while performing duties as described in this
Agreement. The 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 affect 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 governing 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.
Page 1 of 3
Contract No.: PY01/03-CWP-27
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 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 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
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.
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.
11. This Agreement shall be binding upon the parties hereto, their successors, hefts, 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 Colorado Works Program regulations
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: Colorado Works
Program.
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 or 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;
Page 2 of 3
Contract No.: PY01/03-CWP-27
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 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 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. The 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 Child Protection, no information about or obtained from any
applicant/recipient in possession of the Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian. The Contractor shall have written policies
governing access to, duplication and dissemination of, all such information. The Contractor shall
advise its employees, agents and sub-Contractors, if any, that they are subject to these
confidentiality requirements. The Contractor shall provide its employees, agents, and sub-
Contractors, 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 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.
Page 3 of 3
Hello