HomeMy WebLinkAbout991993.tiff RESOLUTION
RE: APPROVE CHILD PROTECTION AGREEMENT FOR CORE SERVICES AND
AUTHORIZE CHAIR TO SIGN - LOVING HOMES, 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 Child Protection Agreement for Core
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 Loving
Homes, Inc., commencing June 1, 1999, and ending May 31, 2000, 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 Core 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 Loving Homes, 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 9th day of August, A.D., 1999, nunc pro tun June 1, 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C LORADO
ATTEST: 1 ��I�cs!► 1
wa ale . Hall, Chair
Weld County Clerk ;o the '•ar 0 .
X141 ,
°1,02:� XCUSED
\1 Barb ra J. Kirkme Pro-Tem
BY: unit
Deputy Clerk to the Boa .►��_ •
Geor e E. xter
APROy TO FORM: _
M. J. eile
/1/i 4 V
ou Attorney .41h idle,
Glenn Vaad
991993
('�'; SS SS0026
as-;Th
'.
' DEPARTMENT OF SOCIAL SERVICES
PO BOX A
= ` GREELEY,CO 80632
Administration and Public Assistance(970)352-1551
Child Support(970)352-6933
I
: ' --
Protective and Youth Services(970)352-1923
COLORADO MEMORANDUM
TO: Dale K. Hall, Chair Date: August 3, 1999
Board of County Commissioners
FR: Judy A. Griego, Director, Social Services (2 (to.)
RE: Child Protection Agreement for Core Services Between the Weld
County Department-of Social Services and Loving Homes, Inc.
Enclosed for Board approval is a Child Protection Agreement for Core Services between
the Weld County Department of Social Services and Loving Homes, Inc.
The major provisions of the Agreement are as follows:
1. The term of the Agreement is June 1, 1999 through May 31, 2000.
2. Loving Homes agrees to provide adoptive home and child specific studies,
3. Social Services agrees to reimburse a maximum total of$15,000 to Loving
Homes for studies that are $400 for a basic adoption study, $500 for a full
adoption study, and $500 for a child specific study. For studies requiring travel
by Loving Homes in excess of over 200 miles, Social Services agrees to
reimburse Loving Homes mileage at $.25 per mile.
4. The sources of funding are Core Services and Expedited Permanency Planning.
If you have any questions, please telephone me at extension 6510.
991993
Contract No. 99-CPS-9
((cnn ,.,,
CHILD PROTECTION AGREEMENT FOR COVE SERYIC t►,C
BETWEEN THE WELD COUNTY DEPARTMENT OF SOCIAL SERVICES
AND THE LOVING HOMES, INC.
This Agreement, made and entered into the 1s1
day of June, 1999,by and between the Board
of Weld County Commissioners, on behalf of the Weld County Department of Social Services,
hereinafter referred to as "Social Services," and Loving Homes, Inc. hereinafter referred to as
"Loving Homes."
WITNESSETH
WHEREAS, required approval, clearance, and coordination have been accomplished from
and with appropriate agencies; and
WHEREAS, Expedited Permanency Planning and the Colorado Children's Code requires,
among other things, Social Services to provide adoption studies and home studies of eligible clients;
and,
WHEREAS., the Colorado Department of Human Services has provided Child Welfare
Regular Administration and Expedited Permanency Planning funds; and
WHEREAS, Social Services and Loving Homes desire to enter into an agreement in
providing adoption studies and home studies.
NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree
as follows:
1. Term
This Agreement shall become effective on June 1, 1999, upon proper execution of this
Agreement and shall expire May 31, 2000.
2. Scope of Services
Services shall be provided by Loving Homes 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.
Page 1 of 14
Contract No. 99-CPS-9
3. Payment
a. Payment shall be made on the basis of Exhibit B, "Payment Schedule," a copy of
which is attached and incorporated by reference.
"Payment Schedule"shall establish the maximum reimbursement,which will be paid
from Child Welfare Regular Administrative and Expedited Permanency Planning
Funds during the duration of this Agreement.
b. Loving Homes 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. The Contractor shall submit
all itemized monthly billings to Social Services no later than the fifteenth (15) day
of the month following the month the cost was incurred.
Failure to submit monthly billings in accordance with the terms of this agreement
shall result in Loving Homes forfeiture of all rights to be reimbursed for such
expenses. In the event of a forfeiture of reimbursement, Loving Homes may appeal
such circumstance to the Director of Social Services. The decision of the Director
of Social Services shall be final.
c. Payments of costs incurred pursuant to this Agreement is expressly contingent upon
the availability of Child Welfare Regular Administrative and Expedited Permanency
Planning 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.
4. Financial Management
At all times from the effective date of this Contract until completion of this Contract, Loving
Homes 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 Family Issues Cash Fund
must conform to the Single Audit Act of 1984 and OMB Circular A-128.
5. Payment Method
Unless otherwise provided in the Scope of Services and Payment Schedule:
a. Loving Homes shall provide proper monthly invoices and verification of services
performed for costs incurred in the performance of this agreement.
Page 2 of 14
Contract No. 99-CPS-9
b. Social Services may withhold any payment if Loving Homes has failed to comply
with the Financial Management Requirements, program objectives, contractual
terms, or reporting requirements. In the event of a forfeiture of reimbursement,
Loving Homes may appeal such circumstance to the Director of Social Services.
The decision of the Director of Social Services shall be final.
c. Loving Homes will notify Weld County Department of Social Services in writing
when 25 adoption home study referrals have been made. This will not include EPP
home studies.
6. Assurances
Loving Homes 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, Loving Homes 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.
Loving Homes acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d-1 a 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 fit. 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;
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. Included if 45 C.F.R. Part 74
Appendix i3 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 3of14
Contract No. 99-CPS-9
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 L'.S.
Department of Health and Human Services, Office for Civil Rights.
8. Certifications
Loving Homes 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
Loving Homes and Social Services agree that monitoring and evaluation of the performance
of this Agreement shall be conducted by Loving Homes and Social Services. The results of
the monitoring and evaluation shall be provided to the Board of Weld County
Commissioners and the Loving Homes Board.
Loving Homes 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 Loving Homes 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 in action by Loving Homes. These remedial actions are
as follows:
a. Withhold payment to Loving Homes 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 Loving Homes
cannot be performed or if performed would be of no value to the Social Services.
Denial of the amount of payment shall be reasonably related to the amount of work
or deliverables lost to Social Services;
Page 4 of 14
Contract No. 99-CPS-9
c. Incorrect payment to Loving Homes 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 Loving Homes, 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:
Dave Aldridge Resource Services Manager II
Name Title
For Loving Homes:
Janelle Peterson C.E.O. _
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 which such notices shall
be sent:
To: Social Services To: Loving Homes
Judy A. Griego. Director Janelle Peterson. C.E.O.
P.O. Box A Denver Division _
Greeley. CO 80632 4760 Oakland Street. Suite 700=
Denver. CO 80239
14. Litigation
Loving Homes shall promptly notify Social Services in the event that Loving Homes learns
of any actual litigation in which it is a party defendant in a case which involves services
provided under this Agreement. Loving Homes 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) 1:o 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
Page 5of14
Contract No. 99-CPS-9
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.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
ATTEST: Lail,
V ,4& t�"'�
WELD COUNTY ; 00 Le BOARD OF COUNTY
CLERK TO THE BOARD onto, COMMISSIONERS WELD COUNTY,
COLO
BY: G'rL t._ _AA. By:
Deputy Clerk rU N Dale K. Hall, Chair (0,09A-?i)
APPROVED,AS TO FORM:
1.._ -2_
Cou y torney
WELD COUNTY DEPARTMENT LOVING HOMES, INC.
OF SOCIAL SERVICES
By: - By: —
Ju A. ;go, Direc r J elle Pe erson, Director
Page 6ofl4
Contract No. 99-CPS-9
EXHIBIT A
SCOPE OF SERVICES
1. Target/Eligible Population
The population to be served under this contract includes families who wish to adopt
children from Weld County Department of Social Services, and children who are in the
custody of Weld County Department of Social Services, and are in need of a child study,
or social history.
2. Types of Services to be Provided
A. Adoptive Home Studies
Adoptive Home Study Content:
1) Family Identifying Information-vital statistics
2) Social History-Adoptive Father and Mother
a) Developmental and infancy when available
b) Childhood
c) Adolescence
d) Early adult
e) Interpersonal relationships and marriage
I) Children in the home
g) Personal abuse issues-any therapeutic interventions
h) Medical history
3) Child Placement Motivation
a) Motivation for adoption
b) Parenting attitudes
c) Placement candidate issues
d) Child evaluations and assessments-expectations of adoptive parents
e) Special considerations regarding child placement
4) References-total of four who have known adoptive candidates more than three
years; cannot be relatives and preferably include one pastor or priest.
Page 7 of 14
Contract No. 99-CPS-9
5) Interactive Observation of Prospective Adoptive Family
a) Emotional attachment-Spectrum: warmth vs. rejection
b) Differentiated self-Spectrum: differentiation vs. fusion
c) Perceptions of child-Spectrum: reasonable vs. unreasonable
d) Expectations-Spectrum: reasonable vs. unreasonable
e) Communication skills-Spectrum: effective vs. ineffective
f) Interviews with children in the home
g) Summary of observations
6) Licensing criteria-summarial report
7) Home-description of environment; includes support systems and other adoption
environmental factors
8) Any specific issues requested by the Weld County Department of Social Services
adoption caseworker
9) Recommendations and conclusions
a) Age of child to be placed
b) Strengths shown by family
c) Challenges likely to be present with suggestions for addressing issues
10) Child Study Content
a) Prenatal and birth history
b) Immunization record
c) Placement history
d) Developmental history
e) Educational history
f) Therapeutic history
g) Child's interactions with biological siblings
h) Abuse history and concerns regarding child
i) Social history of biological mother
j) Social history of biological father
k) Family history
1) Recommendations for adoptive parent consideration
m) Integration into an adoptive home
n) Eco-Map-Birth family
o) Siblings relationships and roles Eco-graph
p) Psychological report specific to adoption factors
11) Interviews with county workers, caseworkers, therapists, and foster parents
Page 8 of 14
Contract No. 99-CPS-9
3. Service Objectives
The objective is to have quality adoptive home studies and child studies done in a timely
manner, so that children can be placed in an adoptive home in a more timely manner.
4. Service Time Frames
Six weeks from initiation, time frame is subject to timely submissions by family being
studies, including fingerprints, Central Registry check, application, and reference
information.
1. Measurable Outcomes
a) More expedient placement of children
b) Quality adoptive home studies and child studies that are done in a timely manner
L 14zie Studies
Home Study Content
1) Family Information-vital statistics
2) Description of family members
3) History of family's relationship with child(ren)
4) Description of home
5) Employment and financial information
6) Criminal/Child Abuse Registry information
7) Medical/mental health treatment history(s)
8) Will Medicaid be needed?
9) References
10) Releases of information
Page 9 of 14
Contract No. 99-CPS-9
EXHIBIT B
PAYMENT SCHEDULE
1. Funding. and Method of Payment. Fees for Services
Weld County Department of Social Services agrees to reimburse to Loving Homes, Inc.
$500.00 per Adoption home study and $500.00 per child specific study (Exhib:it A, I), not
to exceed $15,000.00 during the contract period.
Payment pursuant to this Contract, if Child Welfare Regular Administrative funds,
whether in whole or in part, is subject to and contingent upon the continuing availability
of Child Welfare Regular Administrative funds for the purpose 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. Weld County Department of Social Services agrees to reimburse to Loving Homes, Inc.,
$400.00 per home study (Exhibit A, II) not to exceed $15,000.00 during the contract
period. Home studies may be expanded to full adoption studies for an additional sum of
$100.00 if agreed upon by both parties.
Payment pursuant to this Contract, if Expedited Permanency Planning funds, whether in
whole or in part, is subject to and contingent upon the continuing availability of
Expedited Permanency Planning funds for the purpose hereof. In the event that said
funds, or any part thereof, become unavailable as determined by Social Services, Social
Services may immediately terminate this Contract or amend it accordingly.
3. Weld County Department of Social Services agrees to pay travel mileage costs to Loving
Homes, Inc., for any study that requires Loving Homes to travel over 100 miles one way
to conduct the study. Weld County Department of Social Services agrees to pay at a rate
of$.25 per mile in excess of 200 miles, and Loving Homes agrees to provide
documentation of mileage traveled.
Expenses incurred by Loving Homes, 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.
Social Service referrals will not be sent to collections by Loving Homes for default of co-
pay/fees. Services will be performed regardless of client's refusal or inability to pay co-
pay.
Loving Homes will collect any applicable sliding scale co-pays and credit Social Services
for any payments received on the monthly billing statements.
4. Submittal of Vouchers
Loving Homes 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.
Page 10 of 14
Contract No. 99-CPS-9
EXHIBIT C
ASSURANCES
1. Loving Homes 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 Loving Homes or its employees, volunteers, or agents while performing
duties as described in this Agreement. Loving Homes shall indemnify, defend., and hold
harmless Weld County, the Board of County Commissioners of Weld County, its
employees, volunteers, and agents. Loving Homes 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, Loving Homes 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, 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 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 effect 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. Loving Homes 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.
Page 11 of 14
Contract No. 99-CPS-9
8. Loving Homes 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 Loving Homes.
9. All such records, documents, communications, and other materials shall be the property
of Social Services and shall be maintained by Loving Homes, 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. Loving Homes 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. Loving Homes or Social Services may not assign any of its
rights or obligations hereunder without the prior written consent of both parties.
12. Loving Homes certifies that Federal appropriated funds have not been paid or will be
paid, by or on behalf of Loving Homes, 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. Loving Homes assures that it will fully comply with the Children's Code regulations
promulgated, and all other applicable federal and state laws, rules and regulations. Loving
Homes understands that the source of funds to be used under this Contract is: Family
Issues Cash Funds.
Page 12 of 14
Contract No. 99-CPS-9
14. Loving Homes 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 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 Loving Homes 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, Loving Homes 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, Loving Homes 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 Loving Homes.
16. Loving Homes 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 Loving Homes shall be disclosed in a form
identifiable with the applicant/recipient or a minor's parent or guardian. Loving Homes
shall have written policies governing access to, duplication and dissemination of, all such
information. Loving Homes shall advise its employees, agents and subcontractors, if any,
that they are subject to these confidentiality requirements. Loving Homes 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.
Page 13 of 14
Contract No. 99-CPS-9
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 Loving
Homes in the course of providing services under this Contract will be accorded at least
the same precautions as are employed by Loving Homes for similar information in the
course of its own business.
Page 14 of 14
Hello