HomeMy WebLinkAbout20053285.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR SERVICES AND AUTHORIZE
CHAIR TO SIGN - FRANK KUNSTAL
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Child Protection Agreement for Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Department of Social Services,and Frank Kunstal,
Ed.D., P.C., commencing November 1, 2005, and ending May 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 Child Protection Agreement for
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County,on behalf of the Department of Social Services,and Frank Kunstal,
Ed.D., P.C. 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 7th day of November, A.D., 2005, nunc pro tunc November 1, 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: i rc�u/�D / I .' I EXCUSED
77 illiam H. J e, Chair
Weld County Clerk to thr„
ile, P o-T
BY: 1l . k i u�. ✓uty ler :-card
David . Long
A P D AS T M: EXCUSED
Robert D. Masd �n�
ount9 Att rney / 6..„ N/`,
Glenn Vaad
Date of signature: I06
2005-3285
SS0032
CO /. i-aci -OS
a
cif(1DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
C.
COLORADO MEMORANDUM
TO: William H. Jerke, Chair Date: November 3, 2005
Board of County Commissioners
j
FR: Judy A. Griego, Director, Social Services , N'. 11
RE: Child Protection Agreement for Services Between the Weld County Department
of Social Services and Frank R. Kunstal, Ed.D. P.C.
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services(Department)and Frank R. Kunstal, Ed.D. P.C.
(Contractor). This Agreement was reviewed at the Board's Work Session of November 2, 2005.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is November 1, 2005 through May 31, 2006.
2. The source of funding is Core Services or Child Welfare Block Grant funding.
3. The Contractor agrees to provide individual, child, and family therapy to those clients
involved in the child welfare system.
4. The Department agrees to reimburse the Contractor for therapy, consultation,
evaluations, and related services as provided in the Agreement's fee schedule.
If you have any questions,please contact me.
2005-3285
PY05-06-CPS-57
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND FRANK R.KUNSTAL,Ed.D.,P.C.
This Agreement,made and entered into the day of November 2005,by and between the Board of Weld
County Commissioners, sitting as the Board of Social Services, on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and Frank R.Kunstal,Ed.D., P.C. hereinafter referred to as the
"Contractor".
WITNESSETH
WHEREAS,required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Core Services Mental Health
funding to Social Services for mental health evaluations and therapy; and
NOW THEREFORE, in consideration of the premises,the parties hereto covenant and agree as follows:
1. Term
This Agreement shall become effective on November 1, 2005,upon proper execution of this Agreement and
shall expire May 31,2006,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by the Contractor to any person(s)eligible for child protection services in
compliance with Exhibit A"Scope of Services,"a copy of which is attached by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule,"of which are attached
hereto and incorporated herein by reference.
"Payment Schedule"shall establish the maximum reimbursement,which will be paid from Core
Services Mental Health funds during the duration of this Agreement.
b. Contractor shall submit an itemized monthly bill to Social Services for all costs incurred and
services provided pursuant to Exhibit A of this Agreement in accordance with criteria established
by Social Services. Contractor shall submit all itemized monthly billings to Social Services no
later than the twenty-fifth(25)day of the month following the month the service was completed.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability
of Core Service Mental Health funds to Social Services.
d. Social Services shall not be billed for,and reimbursement shall not be made for time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
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4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, 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 Core Services Mental Health funding must conform to the Single Audit Act of 1984 and
OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Contractor shall provide proper monthly invoices and itemization of services performed for costs
incurred in the performance of the agreement.
b. Social Services may withhold any payment if Contractor has failed to comply with the Financial
Management Requirements,program objectives, contractual terms, or reporting requirements. In
the event of a forfeiture of reimbursements, Contractor may appeal such circumstance to the
Director of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
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,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 the 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 regulations,45 C.F.R.Part 84;and
the Age Discrimination Act of 1975,42 U.S.C.Sections 6101 et.seq. and
its implementation regulations,45 C.F.R.Part 91;and
Title VII of the Civil Rights Act of 1964;and
- the Age Discrimination in Employment Act of 1967;and
the Equal Pay Act of 1963;and
the Education Amendments of 1972;and
Immigration Reform and Control Act of 1986,P.L.99-603;
42 C.F.R.Part 2
and all regulations applicable to these laws prohibiting discrimination because of race,color,
National origin, and sex,religion and handicap,including Acquired Immune Deficiency Syndrome(AIDS)
or AIDS related conditions, covered under Section 504 of the Rehabilitation Act of 1973,as amended, cited
above. If necessary, Contractor and Social Services will resist in judicial proceedings any efforts to obtain
access to client records except as permitted by 42 CFR Part 2.
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Included is 45 C.F.R.Part 74 Appendix G 9,which requires that affirmative steps be taken to assure that
small and minority businesses are utilized,when possible, as sources of supplies, equipment,construction
and services. This assurance is given in consideration of and for the purpose of obtaining any and all
federal and/or state financial assistance.
Any person who feels that s/he has been discriminated against has the right to file a complaint either with
the Colorado Department of Human Services or with the U.S.Department of Health and Human Services,
Office for Civil Rights.
8. Certifications
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
Contractor and Social Services agree that monitoring and evaluation of the performance of this Agreement
shall be conducted by Contractor and Social Services. The results of the monitoring and evaluation shall be
provided to the Board of Weld County Commissioners and Contractor.
Contractor shall permit Social Services, and any other duly authorized agent or governmental agency,to
monitor all activities conducted by 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
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 Contractor.
These remedial actions are as follows:
a. Withhold payment to 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 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 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 Contractor,or by Social Services as a debt due to Social Services or
otherwise as provided by law.
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12. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
For CONTRACTOR:
Frank R.Kunstal Mental Health Provider
Name Title
13. Notice
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Social Services To: Frank R.Kunstal
Judy A.Griego,Director 1302 South Shields,A1-2
P.O.Box A Fort Collins,CO 80521
Greeley,CO 80632
14. Litigation
Contractor shall promptly notify Social Services in the event that Contractor learns of any actual litigation
in which it is a party defendant in a case that involves services provided under this Agreement. 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. Contractor reserves the right to suspend services to clients if funding is
no longer available.
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.
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•
PY05-06-CPS-57
•
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year
first above written.
WELD COUNTY BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERS WELD
n ` COUNTY,COLORADO
4.By: l q , eYk I By: /22117Lw
M. J. Geile, Chair Pro—Tem
CONT OR ) �'
11/07/2005
BY ��-II1Vc±AVI
`Co ttomey Frank unstal„Ed.D.,P.C�
WELD COUNTY DEPARTMENT J
OF SOCIAL SERVICES /-
By:
Jet y A.Gri go,Direct
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EXHIBIT A
SCOPE OF SERVICES
1. Target/Eligible Population
The principal focus and service population of the private mental program is the provision of psychological
services to children and their families. The population served ranges from children of all age levels,but
primarily newborns through young adolescents. The office has a special focus in the assessment and
treatment of mildly to severely emotionally and behaviorally disturbed children, who are in out of home
placement. The office is sensitive to multicultural issues,and has utilized the direct services of various
interpreters, or has provided some specialized services such as bilingual psychological assessment and
testing. The majority of children serviced for psychotherapy and psychological assessment are in foster
care,being assessed for placement back with families,or are being considered for an adoptive family, or
other kinship. A percentage of the children served would be classified as"post-adoptive".
2. Types of Services to be Provided
Services to be provided under the terms of this contract will be Dr. Frank Kunstal who is an
academically qualified,post doctorate candidate with licensure, and shall include the following:
a. Psychological Evaluation/Assessment:
Evaluations and other assessments are designed to be child and situation specific. Evaluations
often require extensive background information concerning their family and developmental
circumstances. Consultation or collaboration with other professional or individuals involved with
the child(ren), and are conducted as sensitive to prevailing rules, state laws,and ethical and
professional guidelines of the American Psychological Association. Most assessments and
consultations require that a psychological report or summary be made available. Such assessment
services will be provided.
b. Providers:
Private mental health services are provided principally by Dr.Frank Kunstal,and occasionally
upon request by collaboration with another psychologist, or with several different certified
counselors. Such a"team approach"or collaboration on a particular mental health project is
normally at the request of the referring party or agency,or due to acknowledged significant
complexity or uniqueness such that a mental health team is required for assessment. The focus of
services,particular for special-needs children is to utilize a"team approach"in the assessment and
planning. The clinical team is often developed through open consultation with caseworkers,with
school personnel,with family members, and with other professionals involved in the case.
Collaboration also through attendance and consultation in case management staffings or other
child-specific conferences is expected and undertaken.
c. Range of Mental Health Services:
Psychological services are provided to include:
-individual,group,and family therapy services;
-consultation to families;
-consultation to parents regarding such issues as child development and expectations;
-Special Advocate services;
-parenting coordinator services;
-court-ordered assessments concerning parental responsibility and parenting time;
-assessments concerning requests for relocation,or for change of custody;
-second opinion services;
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-collaboration with physicians or other medical providers regarding psychosomatic and related
disorders for children and youth;
-assessments concerning placement,with such issues of determination of readiness for placement
or adoption;
-very specialized experts services regarding children suffering from attachment and related
disorders,to include assessment,direct treatment,and indirect treatment with families;
-referrals and diagnostic consultation for specialized situations in cases concerning children;
-consultation concerning complex situations for child and family;
-therapeutic parenting and visitation services;assessments directly related to child neglect child
-abuse, and child exploitation,to include consultation and court related and criminal cases;
-consultation and training regarding children in care;
-referral services to other professionals;
-strategic planning regarding child problems and placement;and varied psychological assessments
for children and youth to include intellectual assessments, school assessments,readiness
evaluations,psychological and personality evaluations;
-attachment evaluations,and interactional evaluations;
-direct consultation and situation specific treatment for children in school settings,to include
consultation and training for school staff
-consultation and training to caseworkers, school personnel,mental health professionals,parents,
and health-care professionals concerning childhood and related disorders;
-and interventions ranging from individual,to family,to group.
d. Emergency Services:
Emergency services are provided on a limited basis, to include direct intervention, assessments
concerning safety and protection issues,assessment concerning placement,collaboration with
other professionals and medical personnel, assessments of risk,and involuntary hold and treatment
circumstances and other necessary placement.
e. Court Services:
Expert court services are proved through collaboration with referring agency, for child or family,
n response to court order, or as part of the assessment and the sharing of particular findings and
other information.
3. Service Time Frames
a. Service Availability:
The private mental health office operates in a typical workweek schedule,most often raging from
8:00 a.m.to 5:00 p.m. Earlier and later appointments are made available on special occasions, and
for pressing circumstances or other specialized needs.
b. All services do not occur in the office, and children and families have been assessed in their
homes,at a treatment facility, and at specialized facilities,or in a residential setting or group home.
Observations may be conducted of interactions between parents and children at Social Services.
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EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse Contractor in consideration for the work and services performed under
Child Welfare Regular Administration or Core Services Mental Health funding.
Expenses incurred by Contractor, in association with said project prior to the term of this agreement,are not
eligible Social Services expenditures and shall not be reimbursed by Social Services.
Payment pursuant to this Contract, if Core Services Mental Health funds,whether in whole or in part,is
subject to and contingent upon the continuing availability of Core Services Mental Health funds for the
purposes hereof. In the event that said funds,or any part thereof,become unavailable as determined by
Social Services, Social Services may immediately terminate this Contract or amend it accordingly.
2. Fees for Services
•
Individual,Child,and Family $125/hour
Therapy:
Psychological Consultations,In-Office or In-Person $125/hour
Psychological Consultations 0-15 minutes no fee, extended pro rata.
Psychological Evaluation: $125/hr. for direct Clinical Interviews. Fee-
based for testing,to include cost of the test and
scoring. Hourly fee for review of materials.
Hourly fee for reports.
Consultations/Brief Phone Calls re Evaluation: No fee
Travel Required to Conduct Evaluation: Nominal(mileage+nominal fee)
Review of Evaluation, Secondary Opinion: Per hour basis
Estimated Costs of Evaluations: Interactional: $1000
Psychological: $750
Child and Family Investigations: $1500
Parental Responsibility: $2500
Other Court-Based Services: Court Prep. $125/hr.
Court Testimony: $150/hr.
Obs.of Testimony, Consultation $125/hr.
Travel: (mileage+nominal fee)
Social Services referrals will not be sent to collections by Contractor for default of co-pay/fees. Services
will be performed regardless of client's refusal or inability to pay co-pay.
Contractor will collect any applicable sliding scale co-pays and credit Social Services for any payments
received on the monthly billing statements.
3. Submittal of Vouchers
Contractor shall prepare and submit monthly the itemized voucher and certify that the services authorized
were provided on the date indicated and the charges made were pursuant to the terms and conditions of
Exhibit A.
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EXHIBIT C
ASSURANCES
1. 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. Contractor shall provide adequate liability and worker's
compensation insurance for all its employees, volunteers, and agents engaged in the performance of the
Agreement upon request, Contractor shall provide Social Services with the acceptable evidence that such
coverage is in effect.
3. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties or their
officers or employees may possess,not shall any portion of this Agreement be deemed to have treated a
duty of care with respect to any persons not a party of this Agreement.
4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld, State
of Colorado,to expend funds not otherwise appropriated in each succeeding year.
5. If any section, subsections,paragraph, sentence,clause,or phrase of this Contract is for any reason held or
decided to be unconstitutional, such decision shall not affect the validity of the remaining portions. The
parties hereto declare that they would have entered into this Contract and each and every section,
subsection,paragraph,sentence,clause,and phrase thereof irrespective of the fact that any one or more
sections, subsections,paragraphs, sentences,clauses, or phrases might be declared to be unconstitutional or
invalid.
6. No officer,member or employee of Weld County and no member of their governing bodies shall have any
pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof
7. Contractor assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race,creed,color, sex,or national origin,be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under this approved Contract.
8. Contractor assures that sufficient,auditable, and otherwise adequate records that will provide accurate,
current, separate, and complete disclosure of the status of the funds received under the Contract are
maintained for three(3)years or the completion and resolution of an audit. Such records shall be sufficient
to allow authorized local,Federal, and State auditors, and representatives to audit and monitor Contractor.
9. All such records, documents, communications, and other materials shall be the property of Social Services
and shall be maintained by Contractor,in a central location and custodian, in behalf of Social Services, for
a period of four(4)years from the date of final payment under this Contract, or for such further period as
may be necessary to resolve any matters which may be pending,or until an audit has been completed with
the following qualifications: If an audit by or on behalf of the federal and/or state government has begun
but is not completed at the end of the four(4)year period,or if audit findings have not been resolved after a
four(4)year period,the materials shall be retained until the resolution of the audit finding.
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10. Contractor assures that authorized local,federal,and state auditors and representatives shall, during
business hours,have access to inspect any copy records,and shall be allowed to monitor and review
through on-site visits,all contract activities,supported with funds under this Contract to ensure compliance
with the terms of this Agreement. Contracting parties agree that monitoring and evaluation of the
performance of the Agreement shall be conducted by appropriate funding sources. The results of the
monitoring and evaluation activities shall be provided to the appropriate and interested parties.
11. This Contract shall be binding upon the parties hereto,their successors,heirs, legal representatives, and
assigns. Contractor or Social Services may not assign any of its rights or obligations hereunder without the
prior written consent of both parties.
12. Contractor certifies that federal appropriated funds have not been paid or will be paid,by or on behalf of
Contractor,to any person for influencing or attempting to influence an officer or employee of an agency,a
Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in
connection with the awarding of any Federal contract,the making of any federal grant, the making of any
federal loan,the entering into of any cooperative agreement, and the extension, continuation,renewal,
amendment, or modification of any Federal contract,loan, grant,or cooperative agreement.
13. Contractor assures that it will fully comply with all other applicable federal and state laws. Contractor
understands that the source of funds to be used under this Contract is Child Welfare Regular Administration
funds.
14. 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 transaction by a federal department of agency.
b. Have not,within a three-year period of preceding this Agreement,been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or
contract under a public transaction;violation of federal or state antitrust statutes or commission of
embezzlement,theft, forgery,bribery, falsification or destruction of records,making false
statements,or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity
(federal, state,or local)with commission of any of the offenses enumerated in paragraph 11(b)of
this certification; and
d. Have not within a three-year period preceding this Contract,had one or more public transactions
(federal, state, and local)terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a Contractor with Social Services when
the Contractor also maintains a relationship with a third party and the two relationships are in opposition.
In order to create the appearance of a conflict of interest, it is not necessary for the Contractor to gain from
knowledge of these opposing interests. It is only necessary that the Contractor know that the two
relationships are in opposition.During the term of the Contract,Contractor shall not enter any third party
relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing
appearance of a conflict of interest situation, Contractor shall submit to Social Services, a full disclosure
statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly
submit a disclosure statement required by this paragraph shall constitute grounds for Social Services'
termination,for cause,of its contract with Contractor.
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16. Contractor shall protect the confidentiality of all applicant records and other materials that are maintained in
accordance with this Contract. Except for purposes directly connected with the administration of Child
Protection,no information about or obtained from any applicant/recipient in possession of Contractor shall
be disclosed in a form identifiable with the applicant/recipient or a minor's parent or guardian unless in
accordance with Contractor written policies governing access to, duplication and dissemination of, all such
information. Contractor shall advise its employees, agents, and sub Contractor, if any, that they are subject
to these confidentiality requirements. 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 Contractor in the course of providing services under this Contract will be accorded at least the same
precautions as are employed by Contractor for similar information in the course of its own business.
18. The Contractor certifies it will abide by Colorado Revised Statue(C.R.S.) 26-6-104,requiring criminal
background record checks for all employees,contractors,and sub-contractors.
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