HomeMy WebLinkAbout990444.tiff RESOLUTION
RE: APPROVE GENERAL ASSISTANCE AGREEMENT FOR SERVICES AND
AUTHORIZE CHAIR TO SIGN -THE TRANSITIONAL HOUSE, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a General Assistance Agreement for
Services between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Social Services, and The
Greeley Transitional House, Inc., commencing January 1, 1999, and ending December 31,
1999, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, ex-officio Board of Social Services, that the General Assistance
Agreement for Services between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Social
Services, and The Greeley Transitional House, Inc., 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 10th day of March, A.D., 1999, nunc pro tunc January 1, 1999.
BOARD OF COUNTY COMMISSIONERS
f ,J ELD COUNTY OLORADO
ATTEST:
•s Da* K. Hall, Chair
Weld County Clerk to 1 B. . . << //.
` , /I `..! / / L£ 'e//_P_C YL/
Barbara J. Kirkmeyer, o-Tem O
BY: ._�/:% -. Lf, _,II:. _inn► �/
Deputy Clerk tot JAS , / `/C
M MSS , George . axter
ROV O FORM:
M. . Geile
o my Attorney �G�=r.tiT4 WI\
Glenn Vaad
pp: S5 990444
SS0026
rei
WELD COUNTY.
DEPARTMENT OF SOCIAL SERVICES
,5, nn —8 P1-U 2: 58 POBOXA
IGREELEY, CO 80632
C Administration and Public Assistance(970)352-1551
CLERK ' r^ Child Support(970)352-6933
O T ) T -• .- Protective and Youth Services(970)352-1923
COLORADO
• MEMORANDUM
TO: Dale K. Hall, Chair Date: March 8, 1999
Board of County Commissioners
FR: Judy A. Griego, Director, Social Service U
C C >�
RE: General Assistance Agreement for Services Between the Weld
County Department of Social Services and the Greeley
Transitional House, Inc.
Enclosed for Board approval is a General Assistance Agreement between the Weld County
Department of Social Services and the Greeley Transitional House, Inc.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is January 1, 1999 through December 31, 1999.
2. The Greeley Transitional House agrees to provide emergency shelter and case
management services for the homeless.
3. The Weld County Department of Social Services agrees to reimburse as follows:
A. Shelter reimbursement funding of$13.75 per individual per night shelter care at a
maximum of$17,267.
B. Case management reimbursement funding of$327 per unit cost at a maximum of
$5,091.
If you have any questions,please telephone me at extension 6510.
990444
Contract No.:FY99-GA-600
GENERAL ASSISTANCE AGREEMENT FOR SERVICES
BETWEEN THE WELD COUNTY DEPARTMENT
OF SOCIAL SERVICES AND THE GREELEY TRANSITIONAL HOUSE,INC.
( ) Purchase of Vision Services Agreement
( ) Purchase of Dental Services Agreement
(X ) Purchase of Emergency Shelter Agreement
( ) Purchase of Prescription Services Agreement
(X ) Purchase of Case Management Services for the Homeless
Was this Agreement competitively procured?
( ) Yes Date Procured
(X ) No (Attach Waiver of Competitive Procurement for General
Assistance Agreements Form
This Agreement, made and entered into the day of February 1999, by and between the
Board of County Commissioners, on behalf of the Weld County Department of Social Services,
hereinafter referred to as "Social Services," and "The Greeley Transitional House, 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, pursuant to the Weld County Home Rule
Charter, has provided general fund resources for General Assistance services to needy Weld County
residents as identified by Social Services; and
WHEREAS, the County of Weld has an approved plan to distribute shelter and Case
Management Resources provided under general fund resources; and
WHEREAS, the Contractor meets the definition for a shelter and serves the homeless, as
defined by the Emergency Shelter Grant regulations under the Department of Housing and Urban
Development; and
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WHEREAS,the Contractor meets the definition for a provider of case management for the
homeless,as defined by the Emergency Shelter Grant regulations under the Department of Housing
and Urban Development; and
WHEREAS, Social Services desires to enter into an agreement with the Contractor to assist
Social Services in providing General Assistance services to eligible individuals.
NOW THEREFORE,in consideration of the premises,the parties hereto covenant and agree
as follows:
1. Term
This Agreement shall become effective on January 1, 1999, upon proper execution of this
Agreement and shall expire December 31, 1999. The Contractor agrees that time is essence
in their performance of its obligations under this Agreement, and that completion of the
Project shall occur no later than the termination date of December 31, 1999.
2. Scope of Services
Services shall be provided by the Contractor to any person(s) eligible for General Assistance
services in compliance with Exhibit A "Scope of Services," a copy of which is attached and
incorporated by reference.
3. Payment Schedule
A. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of which
is attached and incorporated by reference.
The Agreement Budget shall establish the maximum reimbursement which will be paid
from county funds during the duration of this agreement.
B. The Contractor shall submit an itemized monthly billing to Social Services for all costs
incurred pursuant to Exhibit A of this Agreement in accordance with criteria
established by Social Services. The Contractor shall submit all itemized monthly
billings to the Social Services no later than the tenth (10th)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
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Contract No.:FY99-GA-600
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.
3. Financial Management
At all times from the effective date of this Contract until completion of this Contract, the
Contractor shall comply with the administrative requirements, cost principles and other
requirements set forth in the Financial Management Manual adopted by the State of Colorado.
The required annual audit of all funds expended under General Assistance must conform to
the Single Audit Act of 1984 and OMB Circular A-128.
4. 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.
5. 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.
6. 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
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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.sea.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.
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.
7. 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.
8. 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.
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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.
9. Modification of Agreement
All modifications to this agreement shall be in writing and signed by both parties.
10. 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.
11. 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):
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For Social Services: For the Contractor:
Tom Teixeira,Director Linda Akers,Director
Weld/City of Greeley Housing
Authority
12. 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
ALL*L )bt h4 ..
Judy A. Griego,Director President
P.O. Box A 2311 45th Avenue
Greeley, CO 80631 Greeley, CO 80634
13. 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.
14. 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.
15. Entire Agreement
This Agreement, together with all attachments hereto, constitutes the entire understanding
between the parties with respect to the subject matter hereof, and may not be changed or
modified except as stated in Paragraph 9 herein.
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Contract No.:FY99-GA-600
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement as of the day,month,
and year first above written.
ATTEST: l�ii[la,o ���.�//;,c;•.:-�•
Weld County ~. a \ BOARD OF COUNTY
COMMISSIONERS
Clerk to the Board �' -- WELD COUNTY,COLORADO fifr Deputy Clerk Dale Hall, Chair (03//0/c19)
APPROVED AS TO FORM:
THE GREELEY TRANSITIONAL
Coun y Attorney HOUSE,INC.
BY
President
WELD COUNTY DEPARTMENT By:
OF SOCIAL SERVICES E cutive Director
By: Q
D r:ctor
WELD/CITY OF GREELEY HOUSING AUTHORITY
By:
Director
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Contract No.:FY99-GA-600
EXHIBIT A
SCOPE OF SERVICES
1. General Scope of Services
Under the Emergency Shelter and Case Management Services administered by Social Services,
the Contractor agrees to participate in the program by providing:
A. Emergency shelter services to an individual or family who does not have a place to stay
for the night and does not have the financial resources to secure a place to stay.
B. Case management services to homeless families.
2. Eligible Recipients
Social Services shall be responsible for payment of:
A. Emergency shelter services provided by the Contractor to eligible recipients.
Eligibility for such services shall be within the admittance criteria established by the
Contractor. The maximum days of reimbursement by Social Services for services to
the individual is thirty(30) days per incident.
B. Case management services to a homeless family eligible for such services shall:
1) be within the admittance criteria established by the Contractor; and
2) meet the definition of case management for the homeless, as defined by Social
Services.
3. The Seven Client Responsibilities
A. Abide by the Rules of the Program and Facility
All clients at the time of intake are given the rules of the facility and asked to sign off
that they have read them. Rules are available in English and Spanish. If the client has
difficulty reading,the rules are read to them. Rules are enforced by staff and anyone
not observing rules is required to leave the shelter. This can be documented and fits
with the agency procedure.
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A client's signed contractual agreement will be placed in their file,and if there are any
infractions, it will be documented in the progress/staff notes. The signed contract is
not to be removed from the file and only viewed in the file by staff.
B. Meet With Counselor/Case Manager
At the initial meeting with the case manager or counselor, a schedule for further
meetings is established. In the case management plan,the need for meeting with the
case manager on an established basis is emphasized. Identification of
problems/obstacles will be documented as well as how to overcome obstacles. The
clients who continually fail to comply with the meeting schedule are unable to continue
in case management simply by the fact that there is no cooperation and follow through
with the plan. This will be documented in the case file.
C. Follow Through With Referrals
Referrals are generally a part of the case management plan. Clients must report back
to the case manager on the outcome of referrals. Follow up on referrals is
documented in the case file.
D Pursue Employment
An assessment is made through the case management plan to determine if employment
skills enhancement such as education is needed. Some clients may be employed when
they arrive at the shelter and in that case this would not apply. Other situations where
it may not apply would be if the client is enrolled in an educational program.
E. Look for Housinn
As assessment is made through the case management plan to determine the housing
needs of the client. Based on this assessment, a housing strategy will be developed.
In some cases,the client may already have made arrangement for housing, but it may
not be available for a week or up to a month. In these cases,it will not apply. In other
cases,the client may be seeking temporary safe housing.
F. Provide Documentation/Information and Ensure Updated Information/Change in
Status
Clients,as part of the case management plan, are required to keep the case manager
up to date on pertinent information.
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G) Be Drug Free/Alcohol Free
If a client is suspected of having an alcohol or drug problem, the case manager will
provide an assessment with the client,if appropriate. The case manager may refer the
client for treatment or deal with the client according to the policy of the facility. This
issue and resolution will be documented in the case plan.
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EXHIBIT B
PAYMENT SCHEDULE
1. Funding and Method of Payment
Social Services agrees to reimburse to the Contractor, in consideration for the work and
services performed,a total amount not to exceed Twenty-Ttwo Thousand Three Hundred and
Fifty-Eight Dollars ($22,358) through the Weld County General Assistance Program. The
allocation is broken down into two categories as follows:
A. Shelter reimbursement and maximum funding level of Seventeen Thousand Two
Hundred Sixty Seven Dollars ($17,267); and
B. Case management reimbursement and maximum funding level of Five Thousand and
Ninety-One Dollars ($5,091).
Expenses incurred by the Contractor,in association with said project prior to the term of this
Agreement,are not eligible General Assistance expenditures and shall not be reimbursed by
Social Services.
Payment pursuant to this Contract, if Weld County funds, whether in whole or in part, is
subject to and contingent upon the continuing availability of Weld County funds for the
purposed hereof. In the event that said funds, or any part thereof, become unavailable as
determined by Social Services, Social Services may immediately terminate this Contract or
amend it accordingly.
2. Fees for Services
A. Fees for services shall be charged by an individual in accordance with criteria set for
in Exhibit A. Emergency shelter services shall be limited to a maximum stay of thirty
(30) days per incident.
B. Prompt billing for completed services is imperative. No authorizations shall be made
for billings submitted more than 120 days after the date of service.
C. The maximum reimbursement rate under the agreement shall be the sum of$13.75 per
individual per night shelter care and $327.00 per unit cost for case management of a
homeless family.
D. The Contractor agrees to pursue available resources from the client that may be
available to alleviate the need for general assistance.
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Contract No.:FY99-GA-600
E. The Contractor agrees to not pursue general assistance for any person who has
sufficient resources to alleviate the need for general assistance.
3. Submittal of Reimbursement Forms
Billings for payment shall be submitted to the Weld County Department of Social Services,
P.O.Box A,Greeley,Colorado 80632. When submitting billings for payment,the Contractor
shall itemize all costs according to the reimbursement form provided by Social Services. The
Contractor must,in the billing statement,include client name,eligibility code,Social Security
Number, date of arrival, date of departure, total days housed and the number of children.
Failure to comply with these provisions shall result in disapproval of the charges by Social
Services.
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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
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Contract No.:FY99-GA-600
excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under this approved Agreement.
8. The Contractor assures that sufficient, auditable, and otherwise adequate records that will
provide accurate,current,separate,and complete disclosure of the status of the funds received
under the Agreement are maintained for three(3)years or the completion and resolution of
an audit. Such records shall be sufficient to allow authorized local,Federal,and State auditors
and representatives to audit and monitor the Contractor.
9. All such records, documents, communications, and other materials shall be the property of
Social Services and shall be maintained by the Contractor,in a central location and custodian,
in behalf of Social Services,for a period of three(3)years from the date of final payment under
this 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 three(3)year period,or if audit findings have not been resolved after a three
(3)year period,the materials shall be retained until the resolution of the audit finding.
10. The Contractor assures that authorized local, federal and state auditors and representatives
shall,during business hours, have access to inspect any copy records, and shall be allowed to
monitor and review through on-site visits, all contract activities,supported with funds under
this Agreement to ensure compliance with the terms of this Agreement. Contracting parties
agree that monitoring and evaluation of the performance of the Agreement shall be conducted
by appropriate funding sources. The results of the monitoring and evaluation activities shall
be provided to the appropriate and interested parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal
representatives,and assigns. The Contractor of Social Services may not assign any of its rights
or obligations hereunder without the prior written consent of both parties.
12. The Contractor certifies that Federal appropriated funds have not been paid or will be paid,
by or on behalf of the Contractor,to any person for influencing or attempting to influence an
officer or employee of an agency,a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any Federal
contract,the making of any federal grant,the making of any federal loan,the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, loan,grant, or cooperative agreement.
13. The Contractor assures that it will fully comply with the General Assistance Program
regulation promulgated,and all other applicable federal and state laws,rules and regulations.
The Contractor understands that the source of funds to be used under this Agreement is:
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General Assistance Funds.
14. The Contractor assures and certifies that it and its principals:
A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,
or voluntarily excluded from covered transactions by a federal department of agency.
B. Have not,within a three-year period of preceding this Agreement,been convicted of
or had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(federal, state,or local)transaction or contract under a public transaction; violation
of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery,falsification or destruction of records, making false statements,or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph 11(b) of this certification; and
D. Have not within a three-year period preceding this Agreement,had one or more public
transactions (federal,state, and local) terminated for cause or default.
15. The Appearance of Conflict of Interest applies to the relationship of a contractor with Social
Services when the Contractor also maintains a relationship with a third party and the two
relationships are in opposition. In order to create the appearance of a conflict of interest, it
is not necessary for the contractor to gain 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 General Assistance Program,no information about or obtained from any
applicant/recipient in possession of Contractor shall be disclosed in a form identifiable with
the applicant/recipient or a minor's parent or guardian. Contractor shall have written policies
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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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