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HomeMy WebLinkAbout961169.tiff RESOLUTION RE: APPROVE MULTI-YEAR CONTRACT RENEWAL FOR PERSONAL CARE BOARDING HOME CONTRACT BETWEEN HEALTH DEPARTMENT AND COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, HEALTH FACILITIES DIVISION, AND AUTHORIZE CHAIR 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 a Multi-Year Contract Renewal for the Personal Care Boarding Home Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Public Health and Environment, Health Facilities Division, commencing July 1, 1996, and ending June 30, 1997, with further terms and conditions being as stated in said contract renewal, and WHEREAS, after review, the Board deems it advisable to approve said contract renewal, 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 Multi-Year Contract Renewal for the Personal Care Boarding Home Contract between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Health Department, and the Colorado Department of Public Health and Environment, Health Facilities Division, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract renewal. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of July, A.D., 1996, nunc pro tunc July 1, 1996. BOARD OF COUNTY COMMISSIONERS ��� XCOUNDO 1-4-- 11301/42=' Barbara J. Kirkme er, Chair ,% 1861i t . el.j�� ty Clerk to the Board Vii' e E. Baxt ro- e Deputy Clerj o the Board Dale K. Hall APP AST RM =7 X114 , Constance L. Harbert Ley(At4., o my Attorne W. H. ester 961169 d- NZ-2 Sr/9r HL0022 • cr +T Form 6-AC-02A(R 5/85) c � '--� 95 I,��• -j P:I IO: OO DEPARTMENT OR AGENCY NUMBER FM CONTRACT ROUTING NUMBER HFD960006 CONTRACT THIS CONTRACT, made this 6 kday of 6//i..y /fqr , by and between the State of Colorado for the use and benefit of the Colorado Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, Colorado 80222, hereinafter referred to as the State,and the Weld County Health Department, 1517 16th Avenue,Greeley, Colorado 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 Numberzrf.G , APPR code a4f, Contract Encumbrance Number FMA HFD960006 and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate •agencies; and WHEREAS, the Contractor and the State mutually agree that the services of approved public health staff, under the administrative oversight 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 the annual resurveys of personal care boarding homes and the investigation of all complaints lodged against personal care boarding homes in Weld County. The State shall retain responsibility for fire safety inspections and inspections and complaint investigations of alternative care facilities. 2. Minimal contract fulfillment for this contract period shall Include the following activities: A) resurveys and all associated monitoring of personal care boarding homes and personal care boarding homes designated as residential treatment facilities for the mentally ill (RTF MI) in Weld County following all relevant rules, regulations, guidelines, forms, and procedures as detailed on Attachment 1, by this reference incorporated herein. The State will keep the Contractor apprised of additions, deletions, or changes In the regulations covering personal care boarding homes; 8) Investigations of all complaints lodged against personal care boarding homes and personal care boarding homes designated as residential treatment facilities for the mentally ill (RTF MI) in Weld County following the complaint procedures established by the State Health Facilities Division as detailed on Attachment 2, by this reference incorporated herein; and C) notification by the contractor of the local ombudsman of each survey upon entering a facility for inspections and forwarding all deficiency lists from annual Inspections and complaint investigations, with plans of correction to the local ombudsman. 3. All correspondence, notifications, or recommendations required hereunder shall be addressed to the individuals at the addresses herein set forth: Page i of t, pages 961169 . • Mr.John Pickle Weld County Department of Health 1517 16th Avenue Greeley, Colorado 80204 Colorado Department of Health Health Facilities Division Residential Program Administrator 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 4. The State shall, in consideration of said services and reporting by the Contractor, cause to be paid to the Contractor an amount not to exceed NINE THOUSAND TEN DOLLARS ($9,010.00) for the period 7/1/95 through 6/30/96. Reimbursement shall be made at the flat rate of$265.00 per facility survey for each facility listed on Attachment 3 and shall Include investigation of all complaints against the facility occurring within the contract period, payable upon submission of deficiency reports to the facility operator and to the State. Funding for the second year and subsequent years Is explained in Attachment A,which should be signed at the time the contract is renewed. The State shall notify the Contractor of the procedure each year at the appropriate time. Funding for subsequent years is contingent upon continued appropriateness and acceptance by the Contractor of the contract conditions. Payment shall be made for services as identified below: a)All survey and monitoring activity necessary to determine the facility's compliance with the State's licensure regulations and b) Investigative activities necessary to resolve all complaints against the facilities listed on Attachment 3 occurring within the contract period. Resolution includes following the complaint procedures on Attachment 2. 5. Reimbursement shall be made upon receipt of signed billings, submitted in duplicate, requesting reimbursement (Attachment 4). Billing shall include names of facilities surveyed and complaints investigated, dates, amount and totals requested. The Contractor shall submit with each monthly billing for reimbursement Of not before) copies of the following documents for State facility files maintained pursuant to statute: deficiency lists,and plans of correction.Also to be submitted are copies of transmitting correspondence to and from facilities and complaint investigations. Reimbursement shall be contingent upon affirmation of the State and satisfactory compliance with the terms of this contract. 6. The State may, in order to facilitate training in survey and complaint investigation procedures and monitor the performance the Contractor, participate in survey activity and complaint investigations with the Contractor. 7. In order to allow for timely processing of reimbursements to the counties and facilitate the State's fiscal year-end accounting processes,surveys should be performed prior to May 30, 1996. However,all surveys and investigations must be completed during the contract period. 8. The Contractor and the State shall adhere to the following procedures: a) Unlicensed facilities: The Contractor will immediately notify the State of facilities conducting business without the necessary license; b) Licensed facilities: The Contractor shall submit all relevant information to the State for state licensure or enforcement action as indicated. While necessary enforcement actions will be the responsibility of the State, the Contractor's staff may be called upon to support the documentation of their findings. 9. The term of this contract is from July 1, 1995 through June 30, 1998, and shall include the facilities listed on Attachment 3, by this reference incorporated herein. Page 2 of 8 pages 961169 ,..1 ken 10. Changes in total reimbursement amounts for the above-named services in consideration of increased or decreased workload accomplished shall be made by a mutually signed letter of approval (Attachment 5)which shall serve as an amendment, and 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;and d) authorized signatures of the Contractor,and the State Controller. It is understood that no change except- in funding amount shall be made through letter of approval. • • Page 3 of 8 pages 961169 COLORADO DEPART MENT OF PUBLIC HEALTH AND ENVIRONMENT - hereinafter, under the General Provisions referred to as "Health" GENERAL PROVISIONS - page I of 2 pages 1. The contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither the contractor nor any agent or employee of the contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worker' s compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law. Contractor will be solely. responsible for its acts and the acts of its agents, employees, servants, and subcontractors during the performance of this contract. 2. Contractor authorizes Health, or its agents, to perform audits and to make inspections for the purpose of evaluating performance under this contract. 3. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 4. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 5. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of: a) Office of management and Budget Circulars A-87, A-21 or A-122, and A-102 or A-110, whichever is applicable; b) the Hatch Act (5 USC 1501-1508) and Public Law 95-454 Section 4728. These statutes state that federal funds cannot be used for partisan political purposes- of any kind by any person or organization involved in the administration of federally-assisted programs; c) the Davis-Bacon Act (40 Stat. 1494, Mar. 3, 1921, Chap. 411, 40 USC 276A-276A- 5) . This act requires that all laborers and mechanics employed by contractors or sub- contractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor; d) 42 USC. 6101 et seq., 42 USC 2000d, 29 USC 794 . These acts require that no person shall, on the grounds of race, color, national origin, age, or handicap, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by federal funds; and Page 4 of 8 Pages Rev. 06/01/92 961169 GENERAL PROVISIONS - page b"2 of 2 pages e) the Americans with Disabilities Act (Public Law 101-336; 42 USC 12101, 12102, 12111 -12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and 47 USC 225 and 47 USC 611. f) if the contractor is acquiring real property and displacing households or businesses in the performance of this contract, the contractor is in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (Public Law 91- 646, as amended, and Public Law 100-17, 101 Stat. 246 - 256) ; g) when applicable, the contractor is in compliance with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (Common Rule) . 6. By signing and submitting this contract the contractor states that: a) the contractor is in compliance with the requirements of the Drug-Free Workplace Act (Public Law 100-690 Title V, Subtitle D, 41 USC 701 et seq.) ; b) the contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 7. To be considered for payment, billings for payment pursuant to this contract must be received within 60 days after the period for which payment is being requested and final billings on the contract must be received by Health within 60 days after the end of the contract term. 8. If applicable, Local match is to be submitted on the monthly payments statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A-128 or A-133, whichever applies. If Contractor is required to submit and annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB, Circular A-87, A-21 or A-122. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract does not contain federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. Contractor agrees to not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing to the appropriate federal agency. • Page 5 of 8 Pages Rev. 06/01/92 961169 • En • CONTROLLER'S APPROVAL SPECIAL PROVISIONS 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 ma provision is applicable to any contract involving the payment of money by the State. y designate.This FUND AVAILABILITY 2.Financial made Lions o t i oblaigations of the State of Colorado payable after the current fiscal year are contingent u and otherwise upon funds for that purpose being enraptured:budgeted. BOND REQUIREMENT 3.If this contract involves the payment of more than fifty thousand dollars(or the construction,erection.repair,main ,bridge,vidue4 tunnel.excavation or other public work for this State,the contractor sha14 before entering u this contract.duly execute nl.and vetiver the State of who me aintenance.or improvement sock of any building. contract. in a, lysum not leas deliver r to th the total amount will sign the contract,a good and.sumcient bond or otherperformance of any work included said o e vial a penal faithful s than one-half ne-ha f f the can payable by the terms of this contract.Stich bond shall be�aaeexecuted cute surety a to qualified approvedcrpoby labor, eo did n team hire,nthesustenance.p,performance or once of e Contract tt�a In addition,shall provide that if the contractor or his subcontractors fai a pay for oory labor,mesaacted to be done or fails to pay any person who vende supplies rental machi tired by such contractor or his subcontractor n erf m duly f any an amount not exceeding the sum specified in the bond,together interest the rate equipment in the prosecution .sat performance pay of the work filed.no claim in i of the con arisingof ight per centnlesse chk on is ex me paY li a sed aid m the a i of o Sram oc ntrtraar o may der such contract shall be audited,allowed or per annum.rtified rcashier's such c bond is caeca Y accepted in lieu of a bond.This provision is in compliance with CRS 3S- 6 check or a bank moil edilremd asfd INDEMNIFICATION CRS 78-26-t06. money order payable -- .4.To the extent authorized by law, the contractor 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 agents,subcontractors,or assignee:pursuant to the terms of this contract. act or omission by the contractor,or its employees, 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(CRS 24-34.402),and as required by Executive Order.Equal O 1975.Pursuant thereto,the following provisions shall be contained in all State contracts or tub-con:racrr. PPortunity and Affirmative Action,dated April 16. During the performance of this contract,the contractor agrees as follows: (a)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 ins=that applicants employees are treated during employmem,without regard to the above mentioned employment upgrading,demotion,or transfer,recruitment or characteristics.Such actions ate)include. Per or other for arc employed,and that selection for training,including a =Marmot advertising[;lay-offs or terminations;rarer of siq but not�limited to�following: notices to be apprenticeship.The contractor agrees to post in conspicuous places-available to employees and applicants employment. and provided by the contracting officer setting forth provisions of this non-discrimination clause. P Yment. (b)The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will ofavreceive consideration for employment without reregardio race-creed,color,national origin.sex,marital status,religion,antes[ re ry,mental or physical handicap: (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding-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. (d)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity I6, 1975, and by the rules, regulations and Orders of the Governor.or pursuant thereto-and will contracting agency and the office of the Governor or his designee for purposes and Affirmative Action of April gn of investigation to ascerttaiintcompliance wit access to his h such rules,,regulations and ordeds.and accounts by rs. (e)(e labor membership in 111 not exclude xcl any or individual of a againstquali of i(tom full f membership full enjoyment sex.national origin,or ancestry. rights in such labor organization,or expel any such individual J Ymen[of work opportunity because of nlee,sad,color. (0 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 discriminatory 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. Fonts 6-AC-028 Revised I/93 395-53-01-1022 page 6' of 8 page* 961169 (g)In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations,or orders, this contract may be canceled. 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 rules,regulations,or orders promulgated in accordance therewith,or as otherwise provided by law. (h)The contractor will include the provisions of paragraphs(a)through(h)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 contracting agency may direct,as a means of enforcing such provisions,including sanctions for non.compliancr 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 LABORPREFERENCE ' 6a.Provisions of CRS 8-17-101&102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed In whole or in pan by State funds. b.When a 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 county equal to the preference given or required by the state err foreign country in which the non-resident bidder is a resident.If it is determined by the officer responsible for awarding the bid that compliance with this subsection A6 may came denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of Federal law,this subsection shall be suspended,but only to the extent Decency to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 8-19-101 and 102) • GENERAL 7.The laws of the.State of Colorado and rules and regulations batted pursuant thereto shall be applied in the InterpMation,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 nil and void.Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special emulsion in whole or in part shall be valid orenforceable or available in any action at law whether by way of complaint, defence,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 aver that they are familiar with CRS 18-8-301,ex.seq.•(Bribery and Corrupt Influences)and CRS 18-8-401,et.seq.,(Abuse of Public Office). and that no violation of such provisions is present. 10.The signatories aver that to their knowledge,no state employee has-any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF,the ponies hereto have executed this Contract on the day tint above written. Contractor: (Full Legal Name) � ' STATE OF COLD DO • DALE K. HALL (6/19/95) �=8 ROY ROM GOVER WELD COUNTY ROAR cTSSTONRRS net: rag, S Pxtcunve Diatcrot for position(Title) CHA-s-Damn'. am \ 84-6000813 - / I 'L ai v.irr hilliest, DEPARTMENTIf Corporation:) •= b r OF PUBLIC HEALTH & ENVIRONMENT Attest(Seal) • WELD CO T DEPAR ENT By Hamm wxee Or2of oczdtNwtcw..ocws oard • JOHN S. PICKLE, M.S.EH. APPRO ALS • DIRECTOR ATTORNEY GENERAL CONTROLLER By (signal COPY ..By THIS 'ad 1WO copies of this contract nave teen slgrted by ell elate nisei* requirgd by law to Rorer 6-AC-O2C approveRewired 1/93 Page which it the last of $ pages i_____ 395.5}01.1030 •See instructions on serene side. ��// PROGRAM APPROVAL: eld4i4n..- 163 STATE OF COLORADO Roy Romer,Governor Patti Shwayder,Acting Executive Director � pFco�.p cE (� Dedicated to protecting and improving the health and environment of the people of Colorado - 4300 Cherry Creek Dr.S. Laboratory Building • Denver,Colorado 80222-1530 4210 E.11th Avenue • ' Phone(303)692-2000 Denver,Colorado 80220-3716 •r876" (303)691-4700 Colorado Department of Public Health ATTACHMENT A and Envtronment MULTI-YEAR CONTRACT RENEWAL FORM Date p�_ i - fl `1'70:0033 Routing Number4F-p-Th.--nn., State Fiscal year 19 9?- Contract Renewal li r,r2 46 vvu 6 In accordance with Paragraph 4 of routing number Nrip bnr,nl> of contract number FMA }#Fp9G•oro(,. , (copy attached and by this reference made a part hereof) between the State of Colorado Department of Public Health and Environment (Health Facilities Division) and Weld County Health Department covering the period of 71,/z_y ,sr , 1936 through -y. r•rc= ,, , 19fa- the undersigned agree that the maximum amount payable by the State is $7 L-gs• ., The first sentence in Paragraph 4 is hereby modified accordingly. The terms and conditions of the original contract shall remain the same. In the event of any conflict, inconsistency, variance, or contradiction between the provisions of this letter and any of the provisions of the original contract or any amendments thereto, the provisions of this change order letter shall in all respects supersede, govern, and control. This amendment to the contract is intended to become effective as of i_?/c i/y4 , but in no event shall it be deemed valid until it shall be approved by the State Controller or such assistant as he may designate. Please sign, date, and return all copies of this letter on or before (: e -- 0 / — , 199E to: Terry Zamell, Health Facilities Division A-2 Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 A verified copy of this letter will be returned to you when it is fully approved. -4‘09{4.P tLHealth Depart •nt State of Colorado CCity:( oy Romer G I 1861 07/03/.%6 ELD COUNTY For the Executive Director ,� I �Dw!ovaICOMMISSIONERS Colo. Dept. of Pup}, WHtf14 Et1fr M1 *7, ®kse) .� Ceht5 o . y Health Facilities Division State Controller or' ! Designee WELD COUNTY HEALTH DEPARTMENT BY; 51.‘ ✓ y�/v� / JOHN S. PIt;Rt t� Page 8 of 8 pages DIRECTOR 1 ATTACHMENT 1 Procedure for Conducting Personal Care Boarding Home Inspections 1. The Colorado Department of Public Health and Environment, Health . Facilities Division (State) , provides the Local Health Department (Contractor) with a list of all personal care boarding homes in the county contract, including the number of beds, and license expiration date, at the time the contract is submitted to the Local Health Department for approval. 2. The State sends a license renewal packet to each facility 90 days prior to the license expiration date. A copy of the cover letter sent with the renewal forms will be sent by the State to the Contractor with the,monthly status report. Contractor will notify the State in writing at least 45 days in advance of the expiration date if the contractor has reasons to request a delay in processing the license. In the event of timely notification, the decision to renew or deny the license will be made by the State with the input from the Contractor. 3 . Contractor surveys on a cyclical basis, determined by workload requirements, with all surveys being performed within the contract period. 4. Following the annual inspection, the Contractor shall prepare a cover letter and deficiency list as appropriate and send this list to the facility within 10 calendars days of the survey date. Contractors with a computer system that is compatible with that of the State will be trained to complete survey forms and documentation using the State' s Aspen computer system. 5 . The facility has 10 calendar days from the date on the cover letter submitted with the deficiency list to submit a plan of correction (POC) . The POC must include a specific response to each deficiency and a completion date for the corrections. Completion dates should not exceed 60 days from the date of the - survey. Surveyor review shall be completed within 7 calendar days of receipt of the POC to determine its acceptability,and up to an additional 10 days is allowed for interaction with the facility to obtain an acceptable plan. Surveyor discretion may be used in cases where the facility demonstrates that sufficient progress has been made in correcting the deficiencies (the facility may provide bids, purchase orders, written time frames, etc. to demonstrate progress) . 6. Within 5 calendar days of receipt of a POC acceptable to the Contractor, a copy of the deficiency list and POC shall be sent by the Contractor to the State Residential Program. The deficiency list with POC shall also be sent to the local ombudsman. 961169 7. The Contractor shall conduct revisits and monitoring visits to the surveyed facilities as needed, at the discretion of the Contractor. 8 . The State has the discretion to modify time frames at the request of the Contractor. 9 . On a monthly basis, the State notifies the Contractor in writing of pending applications, completion of initial surveys, newly licensed facilities, pending renewals, and results of surveys within the county or the contract service area. In addition, the State will notify the Contractor of changes in policies and procedures, if any, as part of the monthly status report. 10. On a monthly basis, the Contractor notifies the State of surveys completed and complaints investigated. 11. The State is responsible for conducting an on-site initial survey for new applicants to the personal care boarding home program. 12 . The State will call the Contractor whenever in the contract service area for surveys, revisits or complaint investigations. 13 . The Contractor will notify the State of facilities conducting business without a necessary license and supply documentation for appropriate enforcement actions . 14. Contractors using the State' s Aspen computer program for the preparation of deficiency lists shall, on a monthly basis, copy the deficiency lists onto a diskette and send the diskettes to the State so the deficiency lists can be loaded onto the State database. 961169 ATTACHMENT 2 Complaint Investigation Procedures If a complaint on a Personal Care Boarding Home is received by the Colorado Department of Public Health and Environment, 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 Public Health and Environment, the letter will be faxed or sent to the local health department for investigation. 1. When a written complaint is received by the local health department, it should be acknowledged in a timely manner, by telephone or letter, as deemed appropriate by the local health department. (If the complaint is received by telephone, it is not necessary to acknowledge receipt of the complaint. ) 2 . The complaint should be prioritized. If the complaint is life threatening, an investigation should be initiated within three working days. Other complaints should be prioritized according to the seriousness of the complaint and investigated as appropriate. The Colorado Department of Public Health and Environment should be notified when the local health department receives a life threatening complaint. 3 . When local health department investigators go to the facility to conduct the complaint investigation, they should go unannounced, at the appropriate time of day or night as determined in the time frame identified in the complaint. Local health department investigators have access to the facility twenty-four hours a day. 4 . During the course of the investigation, the investigator should interview the appropriate resident (s) , family member(s) , and staff; review records and policies if appropriate, conduct a facility tour to observe resident/staff interactions, resident care, dietary or environmental concerns, or anything else pertinent to the complaint. If the resident has been hospitalized, or transferred to another facility, it may be necessary to review those records and observe and interview the resident in the hospital or other such facility. It may also be necessary to obtain copies of medical records . 5 . At the conclusion of the investigation, a brief exit conference should be conducted with the facility operator and other staff as appropriate. The exit conference may be done by telephone. 6. A narrative report should be written within ten days of completion of the investigation. The findings for each allegation should be address in the report and a determination should be made as to whether deficient practices were found. 961169 • 7. Deficiencies should be cited if the facility is found to be out of compliance with applicable regulations . The deficiency list should be prepared and sent to the facility utilizing the same procedures established in Attachment i. Upon receipt of an acceptable plan of correction, a revisit may be conducted as deemed appropriate by the local health department. 8 . Upon completion of the investigation, the complainant should be notified of the outcome of the investigation, by telephone or in writing, as deemed appropriate by the local health department. The narrative report and deficiency list with acceptable plan of correction (when applicable) should be sent to the Colorado Department of Public Health and Environment; as soon as possible upon completion of the investigative report. 9 . The Colorado Department of Public Health and Environment will delete all names from the investigative report. The report will be maintained in a file available for public viewing. • 961169 ATTACHMENT 3 HFD FACILITY MASTER SYSTEM: PCBH REPORT: HFD ID TYPE FACILITY NAME ADDRESS CITY LIC EXPIRE SURVEY DT LIC BEDS PCBH REPORT: 05/09/96: LARIMER COUNTY 230344-PCBHONLY-AUTUMN HOUSE I 2115 EAGLE DRIVE LOVELAND 04/20/96 02/08/96 6 2303A1-PCBHONLY-AUTUMN HOUSE II 2127 EAGLE DRIVE LOVELAND 03/23/96 02/08/96 8 230365-PCBHONLY-EDEN VALLEY LIFESTYLE VILLAGE 6263 N COUNTY ROAD 29 LOVELAND 06/24/96 05/05/95 16 230329-PCBHONLY-FORT COLLINS GOOD SAMARITAN RETIREMENT V 508 W TRILBY ROAD FORT COLLINS 10/31/96 02/07/96 27 230360-PCBHONLY-FRIENDSHIP HOMES 1312 E PITKIN STREET FORT COLLINS 07/06/96 01/18/96 3 230373-PCBHONLY-LOVELAND GOOD SAMARITAN VILLAGE 2101 SOUTH GARFIELD A LOVELAND 05/06/97 05/30/95 40 230376-PCBHONLY-MAJESTYCK MANOR 1109 GREENBRIAR DRIVE FORT COLLINS 09/17/96 01/24/96 8 23036U-PCBHONLY-NEW MERCER COMMONS 900 CENTRE AVENUE FORT COLLINS 05/18/97 06/28/95 120 230386-PCBHONLY-PINE VALLEY BOARD & CARE 238 E RIVERSIDE DRIVE ESTES PARK 06/02/96 06/15/95 5 230399-PCBHONLY-SEXTON'S BOARD AND CARE 3835 GOODELL LANE FORT COLLINS 04/02/97 11/08/95 4 230314-PCBHONLY-SHAMROCK MANOR 2914 W PROSPECT RD FORT COLLINS 04/03/97 01/27/95 8 230326-PCBHONLY-SILVER HARE SENIOR BOARD 'N' CARE 2320 W PROSPECT ROAD FORT COLLINS 10/29/96 02/07/95 8 2303HV-PCBHONLY-SUNSHINE HOUSE BOARD AND CARE HOME 2413 MATHEWS STREET FORT COLLINS 10/22/96 11/28/95 5 230389-PCBH-RTF-CHOICE HOUSE (MI) 214 S WHITCOMB FORT COLLINS 07/12/96 02/15/96 8 230390-PCBH-RTF-PROMISE HOUSE (MI) 218 S WHITCOMB FORT COLLINS 07/12/96 02/15/96 5 PCBH REPORT: 05/09/96: WELD COUNTY 230327-PCBHONLY-BONELL GOOD SAMARITAN CENTER 708 22ND STREET GREELEY 03/10/97 02/29/96 41 2303DK-PCBHONLY-GARDEN SQUARE OF GREELEY 1663 29TH AVENUE PLAC GREELEY 02/23/97 06/15/95 34 230333-PCBHONLY-GRAYCARA 195 GANDY AVENUE KEENESBURG 01/30/97 10/10/95 14 230374-PCBHONLY-GRAYCARA WEST 3705 CARSON AVENUE EVANS 02/13/97 11/30/95 14 230307-PCBHONLY-HALF-WAY HOME FOR THE ELDERLY 601 28TH AVENUE GREELEY 04/30/97 10/25/95 3 230315-PCBHONLY-LORETTA & GARY'S GUEST HOME 1429 - 14TH STREET GREELEY 08/16/96 01/04/96 6 230317-PCBHONLY-TRIANGLE CROSS RANCH I 24823 FIRST STREET GALETON 06/14/96 06/20/95 4 230343-PCBHONLY-TRIANGLE CROSS RANCH II 36049 WELD CO ROAD 51 GALETON 05/08/97 06/20/95 4 230355-PCBHONLY-TRIANGLE CROSS RANCH III 36051 WELD CO ROAD 51 GALETON 05/08/96 06/20/95 3 2303E8-PCBHONLY-TRIANGLE CROSS RANCH IV 36053 WELD CO ROAD 51 GALETON 01/04/97 06/20/95 4 230308-PCBHONLY-VINTAGE WALK 535 31ST AVENUE GREELEY 04/17/97 01/31/96 3 230395-PCBH-RTF-WELD MENTAL HEALTH CTR/STANEK 1513 9TH AVENUE GREELEY 12/02/96 12/04/95 12 230391-PCBH-RTF-WELD MENTAL HEALTH CTR/ATU (MI) 1309 10TH AVENUE GREELEY 09/15/96 04/26/95 16 2303E5-PCBH-RTF-WELD MENTAL HEALTH CTR/FRONTIER 1103 5TH STREET GREELEY 10/30/96 12/11/95 6 961168 r1 ., ATTACHMENT 4 Colorado Department of Public Health and Environment Contacts All written correspondence, deficiency lists, complaint investigations, monthly reports, diskettes and billing forms should be sent to: JoAnn Lingk, Colorado Department of Health, Health Facilities Division, 4300 Cherry Creek Drive South, Denver, CO 80222-1530. Terry Zamell can be contacted at 303-692-2884 for consultation. In an emergency, the receptionist at the main desk can be contacted at 303-692-2800 to forward information to the appropriate individual. Rhonda Lee can be contacted at 303-692-2873 for training or questions concerning the computer system. 961169 . STATE OF COLORADO Roy Romer,Governor Patti Shwayder,Acting Executive Director o9-Coto Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Building ' i' rill j * Denver,Colorado 80222.1530 4210 E. 11th Avenue Phone(3031 692-2000 Denver,Colorado 80220-3716 .ra76' 1303 691-4700 Colorado Department ATTACHMENT 5 of Public Health and Environment AMENDMENT TO CONTRACT FORM Date Routing Number State Fiscal year 19_ Contract Renewal In accordance with Paragraph of routing number of contract number FMA , (copy attached and by this reference made a part hereof) between the State of Colorado Department of Public Health and Environment (Health Facilities Division) and covering the period of , 19 through , 19 the undersigned agree that the maximum amount payable by the State Is being _creased by $ to a new total of$ • The first sentence in Paragraph, is hereby modified accordingly per amended attachment . The terms and conditions of the original contract shall remain the same. In the event of any conflict, Inconsistency, variance, or contradiction between the provisions of this letter or any of the provisions of the original contact or any amendments thereto, the provisions of this change order letter shall in all respects supersede, govern, and control. This amendment to the contract is intended to become effective as of /_/ , but in no event shall it be deemed valid until it shall be approved by the State Controller or such assistant as he may designate. Please sign, date, and return all copies of this letter on or before , 19 to: Terry Zamell, Health Facilities Division A-2 Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80222-1530 A verified copy of this letter will be returned to you when it is fully approved. • . Name: State of Colorado Roy Romer, Governor By: By: Title: For the Executive Director Colorado Department of Public Health&Environment Program Approval By: By: Health Facilities Division State Controller or Authorized Designee WELD COUNTY HEAVH DEPARTMENT Page_ of pages $Y. _ g , // JOHN S. PICKLE DIRECTOR 961169 mEmoRAnDum ` Date Barbara Kirkmeyer, Chair •3 To COLORADO Board of County Commissioners July 1, 199 "c" —`c From John Pickle, Director, Health Department Subject: Renewal of he Personal Care Boarding Home Contract Enclosed for Board review and approval is a renewal form for the Personal Care Boarding Home Contract between Weld County Health Department and the Colorado Department of Public Health and Environment. Under the provisions of this renewal, Weld County Health Department will be responsible for annual inspections of 15 personal care boarding home facilities in Weld County and 15 facilities in Larimer County. WCHD will also be responsible for investigating complaints for the facilities in Weld and Larimer counties. For these services, Weld County will be reimbursed at the rate of$265 per facility surveyed not to exceed $7,685 for the time period July 1, 1996 through June 30, 1997. This is a valuable service for a critical public health population, the elderly and mentally will who cannot care for themselves. I recommend your approval of this renewal letter. Enclosures 961169 STATE OF COLORADO Of COto Roy Romer, Governor O Paid Shwayder, etin Sand tive Director «� ��; Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr.S. Laboratory Building Denver,Colorado 802221530 4210 E.11th Avenue s/gj6 r Phone(303)692-2000 Denver,Colorado 80220-3716 Colorado Department (303)691-4700 of Public Health May 17, 1996 and Environment Mr. Judy Nero Weld County Health Department 1517 16th Street Greeley, CO 80631 Dear Judy: Thank you for your telephone call relating to the error made in placing the attachments into the envelopes before mailing out . I am sending the correct attachments, please dispose of the incorrect ones. I apologize for any inconvenience caused. Yours Sincerely, Gary Mandair HFD Fiscal Officer. Hello