HomeMy WebLinkAbout20042030.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT AND AUTHORIZE CHAIR TO SIGN -
INDIVIDUAL AND GROUP THERAPY SERVICES
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Child Protection Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Social Services, and Individual and Group Therapy Services,
commencing May 1, 2004, and ending May 31, 2005, 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 between
the County of Weld,State of Colorado, by and through the Board of County Commissioners of Weld
County,on behalf of the Department of Social Services,and Individual and Group Therapy Services
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
-'rm� g vote on the 19th day of July, A.D., 2004, nunc pro tunc May 1, 2004.
'a\
BOARD OF COUNTY COMMISSIONERS
;;�:�.,, * W D COUNTY, COLORADO
1/42 47/24,4
" T J' Robert D. Masden, Chair
yI&' 4 Clerk to the Board IA41-7 /
WilliamJerke, Pro-Tem
BY: /Z �j�, ✓
Deputy Clerk to the Board /� 2
M. J. Geile
APPR D AS TO FO
EXCUSED
David E. Long
ounty Attor ey EXCUSED
Glenn Vaad
Date of signature: ' V.Cy
/ 2004-2030
- -�T SS0031
rs
DEPARTMENT OF SOCIAL SERVICES
P.O. BOX A
GREELEY, CO. 80632
I Website:www.co.weld.co.us
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
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COLORADO
MEMORANDUM
TO: Robert D. Masden, Chair Date: July 13, 2004
Board of County Commissioners
FR: Judy A. Griego,Director, Social Services; 0(9 A yci
RE: Child Protection Agreement for Services tween the Weld County
Department of Social Services and Individual & Group Therapy Services
Enclosed for Board approval is a Child Protection Agreement for Services between the Weld
County Department of Social Services and Individual &Group Therapy Services. This
Agreement was reviewed at the Board's Work Session of June 14,2004.
The major provisions of the Agreements are as follows:
1. The ending term of the Agreement is May 31, 2005.
2. The Department agrees to reimburse Individual &Group Therapy Services for domestic
violence and anger management services for juveniles and adults participating in child
welfare services at rates provided below:
a. $325 per domestic violence evaluation
b. $475 per domestic violence evaluation with Hare PCL-R VRAG
c. $65 per domestic violence assessment
d. $325 per re-offender evaluation
e. $325 per anger management evaluation
f. $65 per anger management assessment
g. $65 per juvenile anger management assessment
3. The source of funding is Child Welfare Administration.
If you have any questions,please contact me at extension 6510.
2004-2030
Contract No: 05-CPS-34
CHILD PROTECTION AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND INDIVIDUAL&GROUP THERAPY SERVICES
This Agreement,made and entered into the J% ay ofa004,by and between the Board of Weld
County Commissioners,sitting as the Board of Social Services,on behalf of the Weld County Department of Social
Services,hereinafter referred to as"Social Services,"and INDIVIDUAL&GROUP THERAPY SERVICES.
WITNESSETH
WHEREAS,required approval,clearance,and coordination have been accomplished from and with
appropriate agencies;and
WHEREAS,the Colorado Department of Human Services has provided Child Welfare Administration
funding to Social Services for therapy for county foster care children, adolescents,and adults.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree as follows:
1. In
This Agreement shall become effective on May 1,2004 upon proper execution of this Agreement and shall
expire May 31,2005,unless sooner terminated as provided herein.
2. Scope of Services
Services shall be provided by INDIVIDUAL&GROUP THERAPY SERVICES to any person(s)eligible
for child protection services in compliance with Exhibit A"Scope of Services,"a copy of which is attached
by reference.
3. Payment
a. Payment shall be made on the basis of Exhibit B,"Payment Schedule,"of which are attached
hereto and incorporated herein by reference.
"Payment Schedule"shall establish the maximum reimbursement,which will be paid from Child
Welfare Regular Administration funds during the duration of this Agreement.
b. INDIVIDUAL&GROUP THERAPY SERVICES 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. INDIVIDUAL&GROUP THERAPY
SERVICES shall submit all itemized monthly billings to Social Services no later than the twenty-
fifth(25)day of the month following the month the cost was incurred.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon the availability
of Child Welfare Regular Administration funds to Social Services.
d. Social Services shall not be billed for,and reimbursement shall not be made for time involved in
activities outside of those defined in Exhibit A. Work performed prior to the execution of this
Contract shall not be reimbursed or considered part of this Agreement.
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Contract No: 05-CPS-34
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract,INDIVIDUAL&
GROUP THERAPY SERVICES shall comply with the administrative requirements,cost principles and
other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The
required annual audit of all funds expended under Child Welfare Regular Administration funding must
conform to the Single Audit Act of 1984 and OMB Circular A-133.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP THERAPY SERVICES
has failed to comply with the Financial Management Requirements,program objectives,
contractual terms, or reporting requirements. In the event of a forfeiture of reimbursements,
INDIVIDUAL&GROUP THERAPY SERVICES may appeal such circumstance to the Director
of Social Services. The decision of the Director of Social Services shall be final.
6. Assurances
INDIVIDUAL&GROUP THERAPY SERVICES 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 I aws
At all times during the performance of this contract,INDIVIDUAL&GROUP THERAPY SERVICES
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. INDIVIDUAL&GROUP THERAPY SERVICES
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 eL serf 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, INDIVIDUAL&GROUP THERAPY SERVICES and Social Services will resist in
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Contract No: 05-CPS-34
judicial proceedings any efforts to obtain access to client records except as permitted by 42 CFR Part 2.
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
INDIVIDUAL&GROUP THERAPY SERVICES 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
INDIVIDUAL&GROUP THERAPY SERVICES and Social Services agree that monitoring and
evaluation of the performance of this Agreement shall be conducted by INDIVIDUAL&GROUP
THERAPY SERVICES and Social Services. The results of the monitoring and evaluation shall be
provided to the Board of Weld County Commissioners and INDIVIDUAL&GROUP THERAPY
SERVICES.
INDIVIDUAL&GROUP THERAPY SERVICES shall permit Social Services,and any other duly
authorized agent or governmental agency,to monitor all activities conducted by INDIVIDUAL&GROUP
THERAPY SERVICES 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
INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP THERAPY SERVICES. These remedial
actions are as follows:
a. Withhold payment to INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP THERAPY
SERVICES cannot be performed or if performed would be of no value to the Social Services.
Denial of the amount of payment shall be reasonably related to the amount of work or deliverables
lost to Social Services;
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Contract No: 05-CPS-34
c. Incorrect payment to INDIVIDUAL&GROUP THERAPY SERVICES due to omission,error,
fraud,and/or defalcation shall be recovered from INDIVIDUAL&GROUP THERAPY SERVICES
by deduction from subsequent payments under this Agreement or other agreements between Social
Services and INDIVIDUAL&GROUP THERAPY SERVICES,or by Social Services as a debt due
to Social Services or otherwise as provided by law.
12. Representatives
For the purpose of this Agreement,the individuals identified below are hereby designated representatives of
the respective parties. Either party may from time to time designate in writing a new or substitute
representative(s):
For Social Services:
Gloria Romansik Social Services Administrator
Name Title
For INDIVIDUAL&GROUP THERAPY SERVICES:
Kim R,Rnybal Therapy Provider
Name Title
13. Notire
All notices required to be given by the parties hereunder shall be given by certified or registered mail to the
individuals at the addresses set forth below. Either party may from time to time designate in writing a
substitute person(s)or address to whom such notices shall be sent:
To: Social Services To: INDIVIDUAL&GROUP THERAPY SERVICES
Judy A Cmego,Director 874-B 9a'Street
P O Box A Greeley,CO 80631
Greeley CO 50617
14. J itigation
INDIVIDUAL&GROUP THERAPY SERVICES shall promptly notify Social Services in the event that
INDIVIDUAL&GROUP THERAPY SERVICES learns of any actual litigation in which it is a party
defendant in a case that involves services provided under this Agreement. INDIVIDUAL&GROUP
THERAPY SERVICES,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. INDIVIDUAL&GROUP THERAPY SERVICES 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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Contract No: 05-CPS-34
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,and year first
above written. LoseiWELD BOARD OF COUNTY
1861CLERK TO THE BOARD COMMISSIONERS WELD
` . �•� COUNTY,COLORADO
®p' . _< -i��' .,.i?4r' By:
��e_. ty Clerk Robert D.Maiden,Chair JUL 1 9 6 q 004
A OVE AST •
ATHERAPY
PROVIDER
BY
Minty Attorney INDIVIDUAL&GROUP T RAPY SERVICES,Director
ELD COUNTY DEPARTMENT
OF SOCIAL SERVICES
By: ct
D' c[or
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alteg-o?L'SC7
Contract No: 05-CPS-34
EXHIBIT A
SCOPE OF SERVICES
The provider will provide the following services when requested in writing by the caseworker:
Domestic Violence and Anger Management Services
1. Domestic Violence Full Evaluation
2. Domestic Violence Intake Assessment
3. Re-Offender Evaluation
4. Anger Management Full Evaluation
5. Anger Management Intake Assessment
6. Juvenile Anger Management Intake Assessment
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Contract No: 05-CPS-34
EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse INDIVIDUAL&GROUP THERAPY SERVICES in consideration for
the work and services performed under Child Welfare Regular Administration funding.
Expenses incurred by INDIVIDUAL&GROUP THERAPY SERVICES, in association with said project
prior to the term of this agreement,are not eligible Social Services expenditures and shall not be reimbursed
by Social Services.
Payment pursuant to this Contract, if Child Welfare Regular Administration funds,whether in whole or in
part, is subject to and contingent upon the continuing availability of Child Welfare Regular Administration
funds for the purposes hereof In the event that said funds,or any part thereof,become unavailable as
determined by Social Services, Social Services may immediately terminate this Contract or amend it
accordingly.
2. Fees for Services
Domestic Violence Full Evaluation$325
Domestic Violence Full Evaluation with Hare PCL-R.VRAG$475
Domestic Violence Intake Assessment$65
Re-Offender Evaluation$325
Anger Management Full Evaluation$325
Anger Management Intake Assessment$65
Juvenile Anger Management Intake Assessment$65
Social Services referrals will not be sent to collections by INDIVIDUAL&GROUP THERAPY
SERVICES for default of co-pay/fees. Services will be performed regardless of client's refusal or inability
to pay co-pay.
INDIVIDUAL&GROUP THERAPY SERVICES 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
INDIVIDUAL&GROUP THERAPY SERVICES shall prepare and submit monthly the itemized voucher
and certify that the services authorized were provided on the date indicated and the charges made were
pursuant to the terms and conditions of Exhibit A.
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Contract No: 05-CPS-34
EXHIBIT C
ASSURANCES
1. INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP
THERAPY SERVICES-contracted INDIVIDUAL&GROUP THERAPY SERVICES's or its employees,
volunteers,or agents while performing duties as described in this Agreement. INDIVIDUAL&GROUP
THERAPY SERVICES shall indemnify,defend,and hold harmless Weld County,the Board of County
Commissioners of Weld County,its employees,volunteers,and agents. INDIVIDUAL&GROUP
THERAPY SERVICES 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,
INDIVIDUAL&GROUP THERAPY SERVICES 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. INDIVIDUAL&GROUP THERAPY SERVICES 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. INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP THERAPY SERVICES.
9. All such records, documents, communications,and other materials shall be the property of Social Services
and shall be maintained by INDIVIDUAL&GROUP THERAPY SERVICES, in a central location and
custodian, in behalf of Social Services, for a period of four(4)years from the date of fmal 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
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Contract No: 05-CPS-34
resolution of the audit fmding.
10. INDIVIDUAL&GROUP THERAPY SERVICES 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. INDIVIDUAL&GROUP THERAPY SERVICES or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. INDIVIDUAL&GROUP THERAPY SERVICES certifies that federal appropriated funds have not been
paid or will be paid,by or on behalf of INDIVIDUAL&GROUP THERAPY SERVICES,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. INDIVIDUAL&GROUP THERAPY SERVICES assures that it will fully comply with all other applicable
federal and state laws. INDIVIDUAL&GROUP THERAPY SERVICES understands that the source of
funds to be used under this Contract is Child Welfare Regular Administration funds.
14. INDIVIDUAL&GROUP THERAPY SERVICES 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,INDIVIDUAL&GROUP THERAPY
SERVICES 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,INDIVIDUAL&
GROUP THERAPY SERVICES shall submit to Social Services, a full disclosure statement setting forth the
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Contract No: 05-CPS-34
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 INDIVIDUAL&GROUP THERAPY SERVICES.
16. INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP THERAPY SERVICES shall be disclosed in
a form identifiable with the applicant/recipient or a minor's parent or guardian unless in accordance with
INDIVIDUAL&GROUP THERAPY SERVICES written policies governing access to, duplication and
dissemination of,all such information. INDIVIDUAL&GROUP THERAPY SERVICES shall advise its
employees,agents,and subcontractor, if any,that they are subject to these confidentiality requirements.
INDIVIDUAL&GROUP THERAPY SERVICES 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 INDIVIDUAL&GROUP THERAPY SERVICES in the course of providing services under this
Contract will be accorded at least the same precautions as are employed by INDIVIDUAL&GROUP
THERAPY SERVICES for similar information in the course of its own business.
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