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Home My WebLink About910117.tiff RESOLUTION RE: APPROVE PERSONAL CARE BOARDING HOME CONTRACT AMENDMENT 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, the Board has been presented with and Amendment to the Personel Care Boarding Home Contract, with the further terms and conditions being as stated in said Contract, and WHEREAS, after review, the Board deems it advisable to approve said Amendment, 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, that the Personal Care Board Home Contract Amendment 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 20th day of February, A.D. , 1991. �7//I / / jGG2��? BOARD OF COUNTY COMMISSIONERS ATTEST ) �/�(�/(//� WELD COUNTY, ORA Weld County (Clerk to the Board j a Gor o acy, rman Deputy Clerk to the Board Geo a Kennedy, Pro-Tem APPROVED A T FORM: onstance L. Harbert /J �1/7/yevC/ County Attorney C. W. Kirby /.12/M19-1 AIM W. . Webster 910117 ill f WELD COUNTY HEALTH DEPARTMENT CONTRACT SUMMARY PERSONAL CARE BOARDING HOME CONTRACT AMENDMENT Contracting Agency: Colorado Department of Health Term of Contract: October 1, 1990 to June 30, 1991 This is the only change from the prior contract. The prior contract period was December 31, 1990 - June 30, 1991. County Citizens Affected: All citizens who are residents or owners of personal care boarding homes in Weld and Larimer counties. Program Summary: The Weld County Health Department (WCHD) will be responsible for annual inspections of two facilities in Weld County and nine facilities in Larimer County. WCHD will also be responsible for investigating complaints for the 11 facilities in Weld and Larimer Counties. Benefit to Health Department: This continues to strengthen the regional agreement between Weld and Larimer County Health Departments. Responsibility of Health Department: The WCHD will be responsible to follow the rules, regulations, and protocols as provided by the State. County Fiscal Impact: The revenue received from this contract will be applied against actual expenditures incurred in the performance of this contract. /“)<K1 I 910117 WELD COUNTY HEALTH DEPARTMENT CONTRACT SUMMARY PERSONAL CARE BOARDING HOME CONTRACT AMENDMENT Contracting Agency: Colorado Department of Health Term of Contract: October 1, 1990 to June 30, 1991 This is the only change from the prior contract. The prior contract period was December 31, 1990 - June 30, 1991. County Citizens Affected: All citizens who are residents or owners of personal care boarding homes in Weld and Larimer counties. Program Summary: The Weld County Health Department (WCHD) will be responsible for annual inspections of two facilities in Weld County and nine facilities in Larimer County. WCHD will also be responsible for investigating complaints for the 11 facilities in Weld and Larimer Counties. Benefit to Health Department: This continues to strengthen the regional agreement between Weld and Larimer County Health Departments. Responsibility of Health Department: The WCHD will be responsible to follow the rules, regulations, and protocols as provided by the State. County Fiscal Impact: The revenue received from this contract will be applied against actual expenditures incurred in the performance of this contract. 910117 Form 6-AC-02A(R 5/85) R t_ C E I V DEPARTMENT OR AGENCY NUMBER 260000 CONTRACT ROUTING NUMBER THIS CONTRACT, made this First day of pctober 1994, by and between the State of Colorado for the use and benefit of the Department of wi 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 NumberQ, Contract Encumbrance Number_k,;mnd 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 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_IL pages 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 wfth 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 October 1, 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 pages 914-01-1 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. Page 3 of 6 pages Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. 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 wort included in this contract,duly execute and deliver to,and file with the official whose 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.slWl 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 contractor 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 it 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 tothe 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 contreamr shall indemnify,save and hold harmless the State,its employees and agents,against any and a0 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 terra of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor 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(24-34.102.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 fellows: (1) 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 nondiscrimination clause. (2) The convector 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 mks,regulations,and relevant Orders of the Governor. (4) The contractor and labor unions will furnish 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 roles,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 individual from membership in such labor organization or discriminate against any of its members in Ne 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. 91 1n " 395-53-01-1022 'r Revised U88 .5 6 page of pages a-io-roe.-se • Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contractor or with any of such rules,regulations,or orders,this contract may be 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 Affirmative 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 mks,regulations,or others promulgated in accordance therewith, or as otherwise provided by law. • (8) The contractor will include the provisions of paragraph(1)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 16,1975,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 convecting agency may direct,m 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 contractor 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 8-17-101&102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereun- der and are fmanced in 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 mks and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract.My 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,mks 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.My provision rendered nun 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 an 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. Contractor. (Full Legal Name) STATE OF COLORADO ROY ROMER, GOVERNOR ' g4 gy for Position(Title) Chai n, Board of County Commissioners a5 EXECUTIVE DIRECTOR Social 'ty Number or F re'I.D. �(////�//,/�JJJ OF DEPARTMENTHEALTH (If Corporation:) /��tn:f/7r' Attest(Seal) WELD COUNTY HEALTH DEPARTMENT 8y: L r Y By Randolph Gord n, M.D. , M.P.H. Cooperate Sec Icy,at Equivalent,Town/Chy/County CI r Director APPROVALS ATTORNEY GENERAL CONTROLLER By By PROGRAM APPROVAL: Pare which is the last of pages 795-57-01-1030111cvisca It8a) 'See ioamaions m reverse stele. DC.1O-2N15a-88 ATTACHMENT 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 re4nspection 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 speck 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. J�OS' ATTACHMENT 3 Cost Analysis of Weld County contract Rates 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 ATTACHMENT—4 Facility List # Beds Uc. Exp. Date Facility Name Weld County Halfway Home #1 3 4/22/91 601 28th Ave. Greeley Halfway Home #2 3 1/29/91 535 31st Ave. Greeley Larimar County Evergreen q 10/4/90 1829 i0nnison Dr. Ft. Collins Ft Collins Good Samaritan 6 3/19/91 508 W. Trilby Rd. Ft. Collins Sierra Vista 7 12/31/90 821 Duffield Ct. Loveland Loveland Good Samaritan Retirement Village 20 11/14/90 2101 S. Garfield Ave. Loveland Autumn House I g 1/29/91 2115 Eagle Drive Loveland Douglas Manor 5 10/4/90 3012 Worthington Ft. Collins Summerset House g 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 g 4/22/91 3012 Southmoor Court Ft Collins • qa 01-tt Hello