HomeMy WebLinkAbout20021627 RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES FOR COLORADO WORKS PROGRAM
AND AUTHORIZE CHAIR TO SIGN - UNITED WAY OF WELD COUNTY
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 United Way of Weld County, commencing June 1, 2002, and ending June 30,
2004, 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 United Way of Weld County 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 24th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: t, �I ' /: . IL �` EXCUSED DATE OF SIGNING (AYE)
Iev Glelyad, Chair
Weld County Clerk t.i 861 ('� (7ct
1 �, O"��,�•� David E. L g, Pro-Tem
Deputy Clerk to the}h!�.r � 2
M. J. 6eile
APPRO D AS TO EXCUSED
' iam H. Jerke
ounty Attorney _
/ Ro ert D. Masden
Date of signature: 7/11
11
2002-1627
(YC o2a-t.cs. SS SS0029
,
artr
DEPARTMENT OF SOCIAL SERVICES
PO BOX A
GREELEY,CO 80632
111 II,' WEBSITE:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
C Child Support(970)352-6933•
COLORADO
• MEMORANDUM
TO: Glenn Vaad, Chair Date: June 18, 2002
Board of County Commissioners
FR: JudyA. Griego, Director, Social Services e
RE: Colorado Works Program Agreement for Services Between Weld
County Department of Social Services and United Way of Weld
County
Enclosed for Board approval is a Colorado Works Program Agreement for Services
between the Weld County Department of Social Services and United Way of Weld
County. This Agreement was discussed at the June 5, 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, 2004.
2. Social Services agrees to invest an amount not to exceed $36,000 with United
Way to enhance, improve and develop information and referral services through a
call center(Helpline), website and electronic directories for the benefit of
employers, agencies, and the Weld County citizenry.
3. United Way agrees to document that a minimum of 15% of those customers
served yearly through the information and referral system is Colorado Works
applicants and recipients.
If you have any questions,please telephone me at extension 6510.
2002-1627
Contract No.: PY01/04-CWP-22
COLORADO WORKS PROGRAM AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND UNITED WAY OF WELD COUNTY
(f) Purchase of Information and Referral Services
( ) Purchase of Educational Services
This Agreement, made and entered into the Ay th day of June 2002, by and between the Weld County
Board of Social Services, on behalf of the Weld County Department of Social Services, hereinafter referred to as
"Social Services," and United Way of Weld County,Inc., 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 has provided Social Services fund resources for information and referral
services for Weld County's low-income families; and
WHEREAS, information and referral services are critical services for Weld County's low-income families
to connect to appropriate health, social, educational, employment and other related services throughout Weld
County; and
WHEREAS, the Contractor has developed a funding and collaborative environment among institutions of
Aims Community College, the Weld County Department of Social Services, Centennial Board of Cooperative
Education Services (BOCES), North Colorado Medical Center Foundation, North Colorado Medical Center, Inc.,
The Community Foundation, and Weld County School District 6;and
WHEREAS, the Contractor has a three-year plan to enhance, improve and develop information and referral
services through a call center,website and electronic directories for the benefit of employers,agencies,and the Weld
County citizenry;and
WHEREAS, Social Services wishes to assist eligible Colorado Works Program applicants and recipients
through a comprehensive information and referral system to access appropriate social, health, educational,
employment and related services; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to pay for a portion of
and by investing in the Contractor's development of information and referrals services to Weld County's low-
income families including Colorado Works applicants and recipients under the Contractor's three-year phase-in
plan.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
Page 1 of 6
aoo.2- 1417
Contract No.: PY01/04-CWP-22
1. Term
This Agreement shall become effective on June 1, 2002,upon proper execution of this Agreement and will
expire June 30, 2004, subject to the termination provisions set forth in Section 15,below. Payment for the
start-up phase of the three-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 information and referral 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 Payment Schedule of Exhibit B shall establish the maximum reimbursement, which will be
paid from county funds during the duration of this agreement.
b. Unless otherwise instructed by 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
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
Page 2 of 6
Contract No.: PY01/04-CWP-22
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.
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.
Page 3 of 6
Contract No.: PY01/04-CWP-22
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;
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.
Page 4 of 6
Contract No.: PY01/04-CWP-22
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:
Richard Rowe,AP Manager Christi Smith,Helaine Director
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 Jeannine Truswell,Director
P.O.Box A 814 9`°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
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.
Page 5 of 6
Contract No.: PY01/04-CWP-22
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first
above written.
/ La�
ATTEST:
Weld County Cle 4* o �! OARD OF COUNTY COMMISSIONERS
1861 iP ,c,:- �.9 ELD C TY, COoLORAD
By: /J ./ ail . , 'Y`_ A i By. c.i..
Deputy Clerk to the : .afd -1 David E. Long, Cha" Pro-Tem
(06/24/2002)
f?RPROVED'AST ?
G —`-- 2- — CONTRACTOR
`County r\ttom�y UNITED WAY
i
By: ` '< _.
WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
/
By: l L
D ctor
Page 6 of 6
Contract No.: PY01/04-CWP-22
EXHIBIT A
SCOPE OF SERVICES
1. Scope of Services
Social Services has the opportunity to invest, according to § 26-2-707.5, Colorado Works resources in
participating in a three-year development program for an enhanced information and referral system for
Weld County low-income families, agencies, and employers including Colorado Works Program applicants
and recipients.
A. Social Services administers and funds educational, training, and support 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 6.000 of the Weld County Department
of Social Services Operations Manual. Social Services has determined that it is appropriate and
advisable to:
1) Participate in the development, through the Contractor, an information and referral
system through a consumer friendly access system,which is county-wide;and
2) Enhance information and referral services for the entire county through various access
points such as a call center,website,and electronic directories; and
3) Promote and enhance a collaborative environment among institutions of Aims
Community College, the Weld County Department of Social Services, Centennial Board
of Cooperative Education Services (BOCES), North Colorado Medical Center
Foundation, North Colorado Medical Center, Inc., The Community Foundation, and
Weld County School District 6 to improve communication among such stakeholders, and
ultimately to provide quality information, referral and access for low-come families in
appropriate services.
B. The Contractor is the United Way Agency for Weld County and has developed a collaborative
environment among stakeholders as described in Exhibit A, 1, A, 3). The development of an
information and referral system encompasses the designing and planning among participating
agencies, employers, and citizens. The Contractor is utilizing a multi-phased approach to build
programs while addressing the information and referral needs of the community. The phases are
described as follows and includes:
1) Phase I—Start-up or Year 1 (June 1, 2002 through September 30,2002): The Contractor
will present by September 30, 2002, to Social Services a finalized plan including
outcomes for the information and referral system as required under Exhibit A,3.
2) Phase II—Year 2 (July 1, 2002 through June 30, 2003): The Contractor will expand the
size and scope of the information and referrals system, develop an effective marketing
effort to Colorado Works applicants and recipients, and increase the use participation of
stakeholders and Colorado Works applicants and recipients in the use of the system.
3) Phase III—Year 3 (June 1,2003 through June 30, 2004): The Contractor will finalize its
development of the information and referral program.
Page 1 of 3
Contract No.: PY01/04-CWP-22
The Contractor has agreed to accept the fmal responsibility, both fiscally and administratively, in
developing and implementing the information and referral program to meet the needs of Weld
County's low-income families, agencies, and employers. The other Stakeholders have committed,
in part, to contribute both monetarily and in-kind in the development of the information and
referral program through a three-year phase-in plan. The Contractor is committed in working with
Social Services to enhance information and referral access of Colorado Works applicants and
recipients as identified by Social Services and to increase the number of Colorado Works
applicants and recipients in using the information and referral system.
2. Eligible Adults and Youth
A. Social Services shall be responsible for identifying Colorado Works families who are eligible to
be served by the Contractor.
1) Families who are applicants of or receiving TANF,Medicaid, and Food Stamps,have
incomes below 185%of poverty level,and are residents of Weld County.
2) Families who are unemployed or underemployed,have incomes below 185%of poverty
level,and are residents of Weld County.
B. The Contractor agrees to:
1) Document that a minimum of 15%of those customers served yearly through the
Contractor's information and referral system are Colorado Works applicants and
recipients as follows:
a) 240 or 15%of 1600 call center inquiries for a period ending June 30,2003 with
an increase of 20%for a period ending June 30,2004.
b) 5%increase in web site inquiries for a period ending June 30,2003,with an
increase of an additional 5%in web site inquiries for a period ending June 30,
2004.
2) Market the information and referral system to Colorado Works applicants and recipients
through Social Services including a yearly survey to obtain market information and
identify usage satisfaction and dissatisfaction with the system.
3) Incorporate changes including bicultural/bilingual services, if necessary and appropriate,
as requested by Colorado Works applicants and recipients as a result of the yearly survey.
4) Provide training to Social Services and Colorado Works applicants and recipients as
deemed necessary by the Contractor and Social Services.
Page 2 of 3
Contract No.: PY01/04-CWP-22
3. United Way Board
Social Services and the Contractor agree to assign certain planning responsibilities to the United Way
Board of Directors. The United Way Board will guide,oversee,and evaluate the implementation of the
information and referral program. At a minimum,the United Way Board will:
A. Establish by September 3,2002,and review quarterly outcome measures for each target group.
B. Establish by September 3,2002,information and referral standards equivalent to national or
statewide norms including,but not limited to,increase participation of the numbers of low-income
families utilizing the system.
C. Determine the methodology by which the Contractor will document,at a minimum,participation
usage of the call center or Helpline and the web site by Colorado Works applicants and recipients.
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Contract No.: PY01/04-CWP-22
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 Three-Year Start-up Plan and Start-up Fee Assessment
Social Services agrees to pay the Contractor an amount not to exceed$36,000 for a period ending June 30,
2002,to pay for a portion of the start-up development under the three-year phase-in plan. The start-up fee
for the project constitutes 15%of the total funding for Phase II and III of three-year phase-in plan. The
stakeholders described in Exhibit A, 1,A, 3),agree to pay$252,000 for the three-year phase-in plan with
Social Services limited to contributing 15%or$36,000 for the project of the$252,000 for the project.
If the Contractor is not able to complete the Start-up Phase by September 30,2002,and/or meet the planned
participation schedule under Phase II and Phase III,the Contactor agrees to return to Social Services a
proportional cash amount of the award as follows:
a. If the Contractor is not able to complete the Start-up Phase by September 30,2002, the Contractor
will return$12,000 to Social Services.
b. If the Contractor is not able to meet the planned use of the program as described in Exhibit A,2,
B, 1),the Contractor will return$12,000 to Social Services.
c. If the Contractor is not able to meet the planned use of the program as described in Exhibit A,2,
B, 1),the Contractor will return$12,000 to Social Services.
3. Submittal of Bill for Payment
The Contractor agrees to bill Social Services for the start-up costs.
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Contract No.: PY01/04-CWP-22
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 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.
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Contract No.: PY01/04-CWP-22
EXHIBIT C(Continued)
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, 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 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;
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Contract No.: PY01/04-CWP-22
EXHIBIT C(Continued)
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. 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 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 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.
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