HomeMy WebLinkAbout910005.tiff RESOLUTION
RE: APPROVE PERSONAL CARE BOARDING HOME CONTRACT BETWEEN THE COLORADO DEPARTMENT
OF HEALTH AND THE WELD COUNTY HEALTH DEPARTMENT AND AUTHORIZE CHAIRMAN TO SIGN
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, a Personal Care Boarding Home Contract between the Colorado Department
of Health and the Weld County Health Department has been presented to the Board, and
WHEREAS, the term of said Contract is from December 31, 1990, through June 30,
1991, with the further terms and conditions being as stated in the Contract, a copy
being attached hereto and incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable to approve said
Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Personal Care Boarding Home Contract between the Colorado
Department of Health and the Weld County Health Department be, and hereby is ,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is ,
authorized to sign said Contract.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 2nd day of January, A.D. , 1991.
/ BOARD OF COUNTY COMMISSIONERS
ATTEST: 4.il /I�/�Ja WELD COUN Y ORADO
Weld County Clerk to tie Board
Gor acy, airman
By: tea -�C t��C "�.-n-r--
" Deputy Clerk to the Board e�� George Kennedy, Pro-Temp
APPROVED AS T FORM: (EXCUSED)
—� Constance L. Harbert
� my Attorney C. W K��
// ig /
W. H. Webster
910005
Form 6-AC-02A (R 5 55)
DE?ARTMENT OR AGENCY NUMBER
260000
CONTRACT ROUTING NUMBER
CONTRACT
THIS CONTRACT, made this Thirty First day of December 1990, by and between the tate of
Colorado for the use and benefit of the Department of *1 HEALTH
4210 E. 11th Avenue, Denver, Colorado 80220
hereinafter referred to as the State, and `2 Weld County Health Department
1517 16th Avenue Court. Greeley. CO 80631
hereinafter referred to as the Contractor.
WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001
G/L Account Number . Contract Encumbrance Number ; and
i
WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
WHEREAS, the State in order to carry out its lawful duties, powers and responsibilities pursuant to Article 27
,of Title 25, Colorado Revised Statutes 1988, as amended, and the provision of legislative appropriations made and
provided therefore, in coordination with like powers, duties and responsibilities of the Contractor mutually have
I determined that public health services are desirable in Weld County; and
WHEREAS, the Contractor and the State mutually agree that the services of approved public health staff,
under the administrative control of the Contractor, are the most efficient and effective way of providing the desired
services as herein set forth,
! NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other,
hereinafter stated, the parties hereto agree as follows:
1. The Contractor shall provide, through the services of approved public health staff, services which include
revisits and/or the annual resurveys of Personal Care Boarding Homes and the investigation of all complaints
lodged against all Personal Care Boarding Homes in Weld County.
2. The Contractor will submit for approval by the department the qualifications of all staff and the number of
staff that will be used in conducting these inspections. The State shall conduct training of Contractor health
staff as determined by the State. The Contractor shall make staff available at time and place agreed upon by
both parties.
3. Minimal contract fulfillment for this contract period will include the following activities:
A) Revisits and/or annual resurveys of Personal Care Boarding Homes in Weld County following all
relevant rules, regulations, guidelines, forms, and procedures as detailed on Attachment 1. Which is
attached and by this reference incorporated herein.
B) Investigation of all complaints lodged against Personal Care Boarding Homes in Weld County
following the procedures established by the Health Facilities Division on Attachment 2. Which is
attached and by this reference incorporated herein.
Page 1 of 6 pages
it J
C) An update on the following components of the Life Safety Code - Chapter 21:
a. Collection and verification of resident assessment forms.
b. Collection and verification of staffing forms.
c. Verification of building characteristics (see example attached as Attachment 3).
d. Testing smoke detectors and audible alarm (pull station).
e. Flow test sprinkler system (if applicable)
4. All correspondence, notifications, or recommendations required hereunder shall be addressed to the
individuals at the addresses set forth below:
Weld County Health Department
1517 16th Ave. Court
Greeley, Colorado 80631
Colorado Department of Health
Health Facilities Division
Dale Thorn, LCSW
Residential Program Administrator
4210 E. 11th Avenue
Denver, Colorado 80220
5. The State will, in consideration of said services and reporting by the Contractor, cause to be paid to the
Contractor an amount not to exceed five thousand three hundred and fifty dollars (#5,350.00) in accordance
with the schedule of rates set forth on Attachment 3. Which is attached and by this reference incorporated
herein. Reimbursement will be made upon receipt of signed monthly billings, submitted in duplicate,
requesting reimbursement. Billings shall include names of facilities surveyed, dates, amounts and total
requested and reimbursement shall be contingent upon affirmation by the State of full and satisfactory
compliance with the terms of this contract.
6. The State may monitor the performance of the Contractor including a review of facility files or an on-site
visit. The State will continue payment for annual resurveys only so long as the Contractor renders an
acceptable quality and quantity of services as determined by the State. The performance evaluation will
consist of information submitted on inspection reports. The Contractor agrees to cooperate in any evaluation
conducted by the State.
7. The Contractor and the State will adhere to the following enforcement procedures:
a) Unlicensed facilities: The Contractor will notify the State of facilities conducting business without
necessary license.
b) Licensed facilities: The Contractor will submit all relevant information to the State for state
licensure enforcement action, as indicated.
8. The term of this contract is from December 31, 1990 to June 30, 1991, and shall include the facilities listed
on Attachment 4. Which is attached and by this reference incorporated herein.
Page 2 of 6 pages
511.0 fin,
9. Changes in total reimbursement amounts for the above-named services in consideration of increased or
decreased levels of utilization in the original contract shall be made by a mutually signed letter of approval
which shall include the following:
a) Identification of contract by contract number and number of affected paragraph.
b) Amount of increase or decrease in funding and new contract total.
c) Effective date of the funding change.
d) Authorized signatures of the Health Department, the Contractor, and the State Controller. It is
understood that no change except funding amounts shall be made through letter of approval.
I
Page 3 of 6 pages
Form 6-AC-02B
SPECIAL PROVISIONS
CONTROLLER'S APPROVAL
I. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate.This
provision is applicable to any contract involving the payment of money by the State.
FUND AVAILABILITY
2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated budgeted and otherwise
made available.
BOND REQUIREMENT
3. If this contract involves the payment of more than fifty thousand dollars for the construction,erection,repair,maintenance,or improvement of any building,
road,bridge,viaduct,tunnel,excavation or other public works for this State,the contractor shall,before entering the performance of any such work included in this
contract,duly execute and deli vcr to and the with the official w hose signature appears below for the State,a good and sufficient bond or other acceptable surety to be
approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract-Such bond shall be duly executed by a
qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors
fail to duly pay for any labor,materials,team hire,sustenance,provisions,provendor or other supplies used or consumed by such convector or his subcontractor in
performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the
rate of eight per cent per annum.Unless such bond,when so required,is executed,delivered and filed,no claim in favor of the contractor arising under this contract
shall be audited,allowed or paid.A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
bond. This provision is in compliance with 38-26-106 CRS, as amended.
INDEMNIFICATION
4. To the extent authorized by law,the convector shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by the contractor,or its employees,
agents,subcontractors,or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION
5. The convector agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957,as amended,and other applicable law respecting
discrimination and unfair employment practices(24-34402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirma-
tive Action,dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State contracts or sub-contracts.
During the performance of this contract,the contractor agrees as follows:
(I)) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin,sex,marital status,
religion,ancestry,mental or physical handicap,or age.The contractor will take affirmative action to insure that applicants are employed,and that employees are
treated during employment,without regard to the above mentioned characteristics.Such action shall include,but not be limited to the following employment,
upgrading,demotion,or transfer,recruitment or recruitment advertising;layoffs or terminations;rates of pay or other forms of compensation;and selection for
training,including apprenticeship.The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be pro-
vided by the contracting officer setting forth provisions of this non-discrimination clause.
(2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive
consideration for employment without regard to race,creed,color,national origin, sex, marital status, religion, ancestry, mental or physical handicap,or
age.
(3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understand-
ing,notice to be provided by the contracting officer,advising the labor union or workers representative of the contractor's commitment under the Executive
Order, Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules,regulations,and relevant Orders of the Governor.
(4) The contractor and labor unions will fumish all information and reports required by Executive Order,Equal Opportunity and Affirmative Action of April 16,
1975,and by the rules,regulations and Orders of the Governor,or pursuant thereto,and will permit access to his books,records,and accounts by the contracting
agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders.
(5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization.or expel any such indiv idual
from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race,creed,color,
sex,national origin,or ancestry.
(6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be dis-
criminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder;or attempt either directly or
indirectly,to commit any act defined in this contract to be discriminatory.
395-53-01-1022
Revised 1/88 page 5 of 6 pages Dc-m-2306..x1
1.p
Form 6-AC-02C
(7) In the event of the convactor's non-compliance with the non-discriminat ion clauses of this contractor or with any of such rules,regulations,or orders,this
contract mzv b,cancelled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance
with procedures,authorized in Executive Order,Equal Opportunity and Milrmative Action of April 16,1975 and the rules,regulations,or orders promulgated
in accordance therewith,and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and
Affirmative Action of April 16, 1975, or by rules,regulations,or orders promulgated in accordance therewith, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraph(l)through(8)in every sub-contract and subcontractor purchase order unless exempted by rules,
regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of April l6,1975,so that such provisions will be binding
upon each subcontractor or vendor.The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may
direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided,however,that in the event the contractor becomes involved
in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency,the convector may request the State
of Colorado to enter into such litigation to protect the interest of the State of Colorado.
COLORADO LABOR PREFERENCE
6a. Provisions of S-17-101 3 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun-
der and are financed is whole or in part by State funds.
b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder
from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident.If it is deter-
mined by the officer responsible for awarding the bid that compliance with this subsection.06 may cause denial of federal funds which would otherwise be avail-
able or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended,but only to the extent necessary to prevent denial of
the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS).
GENERAL
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this
contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or
which is otherwise in conflict with said laws,rules and regulations shall be considered null and void.Nothing contained in any provision incorporated herein by
reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by
way of complaint,defense or otherwise.Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to
the extent that the contract is capable of execution.
8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that
have been or may hereafter be established
9. The signatories hereto aver that they are familiar with 18-8-301,et seq.,(Bribery and Corrupt Influences)and 18-8-401,et.seq.,(Abuse of Public Office),
CRS 1978 Replacement Vol., and that no violation of such provisions is present.
10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property
described herein:
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written.
Convector. w
(Full Legal Name) Weld County Health Department STATE OF COLORADO
ROY ROMER, GOVERNOR
By for
•5 EXECUTIVE DIRECTOR
Position (Tide) Chai n Board of Count Commisioners
Wes o.
Social Security Number nr Federal I.D.Number DEPARTMENT
OF HEALTH
(If Corporation:)
/ / WELD COUNTY HEALTH DEPARTMENT
Attest (Seal) itv-,7rA� v/C -� By: .�__"'7/ l i t.41"t' bi--6
...
By / ' Randolph Gordon, M.D. , M.P.H.
T Corporate Secretary.or Equivalent,TowItyrCnuMy Ckrk
Director
APPROVALS
ATTORNEY GENERAL CONTROLLER
By By
PROGRAM APPROVAL:
Pace 6 which is the int re 6 Ogees 01 TN Li
395.51-01-1030(Revised 1/88) •See instructions on reverse side_ °- - LM✓ Dc.10-21n5a-act
ATTACHMENT 1
Procedure for Conducting Personal
Care Boarding Home Inspections
1. State Health provides the County with a list of all PCBHs in the county including a list of licensed
facilities and license expiration dates.
2. On a monthly basis, State Health notifies the County in writing of new facilities, pending
applications, completion of initial surveys and new licensees, etc.
3. State Health sends a license renewal packet to each licensed facility 120 days prior to the license
expiration date. A copy of the cover letter sent with the renewal forms will be sent to the County
Health Department.
4. The County Health Department shall conduct an annual re-inspection at least 60 days prior to the
license expiration date. At the end of the inspection the surveyor shall conduct an exit interview for
the purpose of explaining the deficiencies found.
5. Following the annual inspection the County Health Department surveyor shall write up a deficiency
list and send the list to the facility within 14 calendar days of the survey date.
6. The facility has 14 calendar days from the date on the cover letter (submitted with the deficiency
list) to submit a plan of correction. The plan of correction must include a specific response to each
deficiency and a completion date. Completion dates should not exceed 60 days from the date of
the inspection. Surveyor discretion may be used in cases where the facility demonstrates that
sufficient progress has been made in correcting deficiencies. The facility may provide such things
as bids, purchase orders, or written time frames, etc., to demonstrate progress.
7. Upon receipt of an acceptable plan of correction, the deficiency list and the plan of correction must
be submitted to the State Health Department along with a written recommendation for licensure at
least 14 days prior to the license expiration date.
8. The county shall conduct a revisit after the last stated completion date of the plan of correction and
submit a report of the findings to Colorado Department of Health within 14 days.
9. Colorado Department of Health has the discretion to modify time frames at the request of the
Contractor.
ATTACHMENT 2
PCBH COMPLAINT INVESTIGATION PROCEDURES
If a complaint on a Personal Care Boarding Home is received by
the Colorado Department of Health, the caller will be referred to
the appropriate Local Health Department to file their complaint.
If the complaint is received by letter at the Colorado Department
of Health, the letter will be sent to the Local Health Department
for investigation.
1) When a complaint is received by the Local Health Department,
it should be immediately acknowledged on the letter head of
the Local Health Department.
2) The complaint should be prioritized. If it is life
threatening it needs to be investigated in 48 hours. If it
is serious it needs to be investigated in seven (7) calendar
days. If it is routine it needs to be investigated in
forty-five (45) calendar days.
See attached Guidelines from the State Operations Manual.
3) When Local Health Department investigators go to the
facility to investigate the complaint, they go unannounced
at the appropriate time of the day or night, as determined
in the time frame identified in the complaint. They have
access to the facility twenty-four (24) hours a day.
4) During the course of the investigation, the investigator
will review the appropriate medical records, make rounds to
observe the patient care, staff/resident interactions,
dietary or environmental concerns, staff or anything else
appropriate to the complaint. If the resident has been
hospitalized, the hospital record is reviewed and the
patient is observed and interviewed at the hospital.
5) At the conclusion of the investigation a brief Exit
Conference is conducted with the appropriate staff of the
facility.
6) After the investigation is concluded, an investigative
report is prepared. Each allegation is addressed
individually and the appropriate findings are written for
it. A determination is made as to the validity of each
allegation. The allegations may be found to be:
a) Valid
b) Partially valid
c) Not valid
d) Unable to be verified
e) Valid with cause
7) If any of the regulations have been violated, a Deficiency
List is prepared citing the appropriate concerns. It is
sent to the facility with the appropriate cover letter.
8) The Plan of Correction is returned to the Local Health
Department by the facility and the Local Health Department
reviews it to determine if it is acceptable. The proper
forms are filled out and it is sent to the Colorado
Department of Health. If necessary, the Local Health
Department conducts a revisit to the facility to determine
if the Plan off Correction has actually been implemented.
9) At the conclusion of the investigation, a call is placed to
the complainant to notify him/her of the results of the
investigation and a follow-up letter is sent to the
complainant notifying him/her of the results of the
investigation. It should be sent on the letterhead of the
Local Health Department.
10) When the investigation has been concluded and the
complainant has been notified, the complaint information is
sent to the Colorado Department of Health. It should be
sent to Dale Thorn, L.C.S.W. , Program Administrator for
Personal Care Boarding Homes.
11) Dale Thorn will review the material to determine if
appropriate deficiencies have been written. When he has
completed his review, the complaint will be given to Donna
Zentner, R.N. , Program Administrator for Investigations.
She will review the complaint investigation. If it is not
complete it will be returned to the Local Agency for
completion. If it is complete, it will be entered into the
Colorado Department of Health's computerized complaint
system and it will be approved for payment.
If there are any questions regarding this procedure they should
be clarified by Dale Thorn, L.C.S.W. Program
Administrator/Residential. He may be reached at (303) 331-6675.
clalfrfl2,-
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ATTACHMENT 3
Cost Analysis of Weld County contract Oates Schedules
for Period July 1, 1990 to June 30, 1991
Weld County - 2 facilities total
3 beds each
$250 per survey x 2 = $500
Larimer County - 9 facilities total
7 with less than 10 beds
$250 per survey x 7 = $1750
2 with more than 20/less than 40 beds
$450 per survey x 2 = $900
Complaint Activity
11 facilities x 2 complaints each x 4 hours per complaint x $25/hour = $2200
Maximum Total Contract Cost: $5350
01.61 61
ATTACHMENT 4
Facility List
Facility Name I # Beds ' Lic. Exp. Date
Weld County
Halfway Home #1 3 4/22/91
601 28th Ave.
Greeley
Halfway Home #2 g 1/29/91
535 31st Ave.
Greeley
Larimar County
Evergreen q 70/4/90
1829 Kinnison Dr.
Ft. Collins
Ft. Collins Good Samaritan 6 3/79/91
508 W. Trilby Rd.
Ft. Collins
Sierra Vista 12/31/90
821 Duffield Ct.
Loveland
Loveland Good Samaritan Retirement Village 20 77/74/90
2101 S. Garfield Ave.
Loveland
Autumn House I g 1/29/91
2115 Eagle Drive
Loveland
Douglas Manor 5 70/4/90
3012 Worthington
Ft. Collins
Summerset House 6 11/14/90
562 Jocelyn Drive
Loveland
Eden Valley Lifestyle Village 14 5/15/91
6263 N. County Rd. 29
Loveland
Buxman Board and Care 3 4/22/91
3012 Southmoor Court
Ft. Collins
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