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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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951237.tiff
RESOLUTION RE: APPROVE PERSONAL CARE BOARDING HOME CONTRACT 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 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, beginning July 1, 1995, and ending June 30, 1996, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 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 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 19th day of June, A.D., 1995. ATTEST: Weld County;Clerk to the Boa BY: Deputy C APPR� AS TO FOR Coun yf Atone BOARD OF COUNTY COMMISSIONERS DCOUNTY, C• O';,'O Dale K. Hall, Chairma arbafa J. Kirkmey¢r,,Proo--T /GeorgiE. Baxter Constance L. Harbert e W. H. Webster a ,` tfGj-57�TE«� 951237 HL0021 Form 6 -AC -02A (R 5/85) r,; DEPARTMENT OR AGENCY NUMBER FM CONTRACT ROUTING NUMBER HFD960006 CONTRACT THIS CONTRACT, made this & tday of A L%y /991 , 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 Number2fh , APPR code 7957 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; B) 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 b pages 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 (if 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 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 COLOPADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT - hereinafter, under the General Provisions referred to as "Health' GENERAL PROVISIONS - page l oft 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) statutes state that federal funds cannot be kind by any person or organization involved programs; and Public Law 95-454 Section 4728. These used for partisan political purposes of any in the administration of federally -assisted 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, person shall, on the grounds of excluded from participation activity funded, in whole or Rev. 06/01/92 29 USC 794. These acts require that no race, color, national origin, age, or handicap, be in or be subjected to discrimination in any program or in part, by federal funds; and Page 4 of 8 Pages GENERAL PROVISIONS - page 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 CONTROLLER'S APPROVAL SPECIAL PROVISIONS provision is applicable to any contract involving the payment of money by the State. 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 FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are u p contingent upon funds for that and otherwise made available. purpose being appropriated:budgeted, 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 work for this State. the contractor shall, before entering upon the performance of any such work included ' in this contract, duly execute and deliver to the State official who will sign the contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penil 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 upon the 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 contractor or his subcontractor in performance of the work contracted to be done or fails to pay any person who supplies rental machinery, equipment in the prosecution of the an amount not exceeding the sure specified in the bond, together with interestt tools, thraterof eight per cent per annum. Unless such kthe bond s is executed, a eliverreed and - filed, no claim in favor of the contractor arising under such contact 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 CRS 38-26-106. INDEMNIFICATION .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 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 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 Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all Stare contracts or sub -contracts. 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 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 advertisings; layoffs or erminadons; 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 provided by the contracting officer setting forth provisions of this non-discrimination clause. (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 receive consideration for mployment without regard to race, creed, color, national origin, sex, marital scams, religion, ancestry, 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 16. 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 u and Affirmative Action of April lm purposes of investigation to ascertaain[compliance witaccess to his h such rules, regulations and orders, and accounts by s (c) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity because of ze e, creed, color, sex, national origin, or ancestry. a any such individual (0 A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of an discriminatory or obstruct or prevent any person from complying orn I in w or indirectly, to commit any act defined in this contract to bee discriminatory. Pthe rovisions of this contract or any order issued any act defined in this contract to be thereunder: or attempt, either directly Form 6 -AC -02B Revised 1/93 395.53-01-1022 page 6 of 8 pages (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 varders 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 subcontracting 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 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 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 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 determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause 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 necessary 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 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 byreference 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, -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. V. The signatories aver that they art familiar with CRS 18-8-301, et. 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 parties hereto have executed this Contract on the day first above written. Contractor: (Full Legal Name) DALE K. HALL (6/19/95) WELD COUNTY BOARD OF COMMISSIONERS Position (Title) CHAIRMAN 84-60008 s• If Corporation:) Attest (Seal) By N ti Earpsaaicsdakirai Q ;.., fiL NORTON awry ATTORNEY GENEIGA;,:3sLjEY GENERAL BYLr YYcv �/ //1.71:74,c, oard Form 6 -AC -02C - .' `art( Aitffley General Revised 1/93 ': iii1Thif Legal Services 395-5}O1.1030 STATE OF CO $ADO ROY RO u�•, GOVE DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT WELD�HEALTH D PART 4T JOH S. PICKLE, M.S.E.H. DIRECTOR APPROVALS APPROVALS: c°NTRtATE CONTROLLER By CLIFFV!L_ HAlit BYR '4 xr' u /JO Page 1. which is the last of 8 pages 'Sce instructions on reverse side. PROGRAM APPROVAL: STATE OF COLORADO Roy Romer, Governor Patt Shwayder, Acting Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Denver, Colorado 80222-1530 Phone (303) 692-2000 Laboratory Building 4210 E. 11th Avenue Denver, Colorado 80220-3716 (303) 691-4700 ATTACHMENT A MULTI -YEAR CONTRACT RENEWAL FORM Colorado Department o£ Public Health and Environment Date Tiouting Number State Fiscal year 19 Contract Renewal In accordance with Paragraph 4 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 Weld County Health Department covering the period of , 19 through , 19 the undersigned agree that the maximum amount payable by the State is $ 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 / / , 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. Weld County Health Department By: Title: Program Approval State of Colorado Tioy Romer, Governor Sy: for the Executive -Director Colo. Dept. of Pub. Hlth. & Env. By: Sy: Health Facilities Division State Controller or Authorized Designee Page 8 of 8 pages ATTACHMENT 1 Procedure for Conducting Personal Care Boarding Home Inspections 1. The Colorado Department of _Public Health and Health Facilities Division (State), provides the Department (Contractor) with a list of all personal homes in the county contract, including the number license expiration date, at the time the contract is the Local Health Department for approval. Environment, Local Health care boarding of beds, and submitted to 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 seasons 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 PDC must i-nclude 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 PDC 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 PDC 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. 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 ; ontractor of changes in policies and procedures, if any, as part of the -monthly status report. 10. On a monthly basis, the Contractor notifies the St -ate 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. 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. I. When a department, telephone or department. necessary to written complaint is received by the local health it should h -e acknowledged in a timely manner, by letter, as deemed appropriate by the local health (If the complaint is received by telephone, it is not 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. iJuring 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 conference should be conducted staff as appropriate. The telephone. the investigation, a brief exit with the facility operator and other exit conference may be done by 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. 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 accestablished plan of correction, tioin Attachment a ahrevisit may be condupctted asndeemed appropriat-e 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. ATTACi124ENT 3 FACILITY MAST HFD ID TYPE ER SYSTEM: PCBH REPORT: 05 01 95: L-ARIMER COUNTY FACILITY NAME 230344-PCBHONLY 2303A1-PCBH ONLY 230365-PCBHONLY 230349-PCBHONLY 230329-PCBHONLY 230360-PCBHONLY 230373-PCBHONLY 23036U-PCBHONLY 230386-PCBHONLY 23036C-PCBHONLY 2303A2-PCBHONLY 230399-PCBHONLY 230314-PCRHONLY 230321-PCBHONLY 230326-PCBHONLY 230376-PCBHONLY 230389-PCBH-RTF 230390-PC-BH-RTF FACILITY MASTER HFD ID TYPE 230327-PCBHONLY 230362-PCBHONLY 2303DK-PCBHON LY 230333-PCBHONLY 230374-PCBHONLY 230307-PCBHONLY 230315-PCBHON LY 230317-PCBHONLY 230343-PCBHONLY 230355-PCBHONLY 2303E8 -P CB HON LY 230310-PCBHONLY 230308-PCBHONLY 230395-PCBH-RTF 230393-PCBH-RTF 230391-PCBH-RTF AUTUMN HOUSE I AUTUMN HOUSE II EDEN VALLEY IIFESTYLL VILLAGE ELDERCARE SOUTH FORT COLLINS GOOD SAMARITAN RETIREMENT VIL FRIENDSHIP HOMES LOVELNAD GOOD SAMARITAN VILLAGE NEW MERCER COMMONS PINE VALLEY BOARD & CARE PRIMROSE PLACE, INC. SANCTUARY, THE SEXTON'S BOARD AND CARE SHAMROCK MANOR SIERRA VISTA SILVER HARE SENIOR BOARD AND CARE SPLIT RAIL MANOR CHOICE HOUSE PROMISE HOUSE SYSTEM: PCBH REPORT: 05 01 95: WELD COUNTY FACILITY NAME BONELL GOOD SAMARITAN CENTER ELIZABETH'S TLC GARDEN SQUARE OF GREELEY GRAY CARA GRAYCARA -WEST HALF -WAY -HOME FOR THE ELDERLY LORETTA 8 GARY'S _GUEST HOME TRIANGLE CROSS RANCH I TRIANGLE CROSS RANCH II TRIANGLE CROSS RANCH III TRIANGLE CROSS RANCH IV TWILIGHT MANOR LLC VINTAGE WALK WELD MENTAL HEALTH CENTER/STANEK WELDMENTALHEALTH CENTER/ACF WELD MENTAL HEALTH CENTER/ATU ADDRESS 2115 EAGLE DRIVE 2127 EAGLE DRIVE 6263 N COUNTY ROAD 29 1633 RANAE DRIVE 2508 -11 -TRILBY ROAD 1312 E PITKIN STREET 2101 SOUTH GARFIELD AVE 900 CENTRE AVENUE 238 E RIVERSIDE DRIVE 13301 FIRSTSTREET 231 W 4TH STREET 3835 I00DELL LANE 2711 S TAFT HILL ROAD 821 DUFFIELD COURT 2320 W PROSPECT =ROAD 1109 GREENBRIAR DRIVE 214 S WHITCOMB 214 S WHITCOMB ADDRESS 70822ND STREET 611 18TH STREET 1663 29TH AVENUE PLACE 195 GANDY AVENUE 3705 CARSON AVENUE 601 28TH -AVENUE 1429 14TH STREET 24823 FIRST STREET 36049 WELD CO ROAD 51 36051 WELD CO ROAD 51 36053 WELD CO ROAD 51 1605 11TH AVENUE 335 31ST AVENUE 1513 9TH AVENUE 515 13TH AVENUE 1309 10TH AVENUE CITY LIC EXPIRE SURVEY DT LIC BEDS LOVELAND 04/20/96 05/11/94 6 LOVELAND 03/23/96 02/23/94 8 LOVELAND 06/24/95 05/03/94 16 LOVELAN 02/08/96 01/04/95 8 FORT COLLINS 10/31/95 03/27/95 27 FORT-COLLINS 07/16/95 03/27/95 3 LOVELAND 05/05/96 -06/02/94 40 FORT COLLINS 05/16/95 05/13/94 120 -STES PARK 06/02/96 04/05/94 5 LOVELAND 12/12/95 / / 10 LOVELAND 02/21/96 05/14/94 11 FORT COLLINS 04/02/96 05/14/94 3 FORT COLLINS 03/08/96 01/27/95 8 LOVELAND 04/17/96 04/27/94 10 FORT COLLINS 10/27/95 02/07/95 1 FORT COLLINS 02/12/96 03/08/95 8 FORT-COLLINS -07/12/95 -05/05/94 8 FORT COLLINS 07/12/95 07/21/94 5 CITY LIC EXPIRE SURVEY DT LIC BEDS GREEDY 03/09/96 06/02/94 41 GREELEY 04/09/96 03/31/95 4 GREELEY 02/23/96 / / 34 KEENESBURG 01/30/96 01/25/94 14 -VANS 02/13/96 03/06/95 14 OREELEY 04/21/96 02/03/94 3 GREELEY 08/16/95 12/28/94 6 GALETON 06/14/96 04/01/94 4 GALETON 05/08/96 04/01/94 4 GALETON 05/08/96 04/01/94 3 GAL TON 01/04/96 04/01/94 -4 GREELEY 04/12/96 03/29/94 12 GREELEY 14/17/96 11/03/94 3 GREELEY 12/02/95 01/23/95 12 GREELEY 12/02/95 12/08/94 8 GREELEY 09/15/95 05/20/94 16 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 iDivision, 4300 Cherry Creek Drive South, Denver, CO 8-0222-1530. 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. STATE OF COLORADO Roy Romer, Governor Patti Shwayder, Acting Executive -Director Dedicated to protecting and improving the health and environment of the -people of Colorado 4300 Cherry Creek Dr. 5. Laboratory Building Denver, Colorado 80222-1530 4210 E. 11th Avenue Phone 1303) 692-2000 Denver, Colorado 80220-3716 (303i 691-4700 ATTACHMENT 5 AMENDMENT TO CONTRACT FORM ColoradoDepartment of Public Health and Environment Date Routing Number State Fiscal year 19 Contract Tienewal In accordance with Paragraph of routing -dumber of contract number FMA , (copy attached and by this reference madeapart hereof) between the State of Colorado Department of Public Health and Environment (Health Facilities Division)and covering the period of , 19 through , 19 the undersgned 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 peramended 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 orany of the provisions of the originaloontact 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 suchassistant as he -may designate. Please sign, date, and return all copies of this letter -on or before , 19 to: TerryZamell, 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: By: Title: Programapproval State of Colorado Roy Romer, Governor By: For thefxecutive Director Colorado Departmentof Public Health & Environment By: By: Health Facilities Division State Controller or -Authorized Designee Page of pages mEm©um V��o . Dale Hall, Chairman To Board of County Commissioners Date June 15, 1995 COIORADO From Subject: JohnPickle, Director, Health Department Personal Care Boarding Home Contract Enclosed for Board -approval is a contract between the Weld County Health Department and -the ColorazioDepartment of Public Health and Environment for the -Personal Care Boarding Home Program. TheHealth Department will be responsibleforannual inspections of16 personal eareboarding home facilities in Weld County and 18 facilities in Larimer County. WCHD will also be responsible for investigating complaints for the facilities in Weld and Larimer counties. The term of the - contract shall be from July 1, 195 throughJune 30, 19:. For -these services, -the Health Department willbeTeimbursed at the rate of $265 per facility surveyed not to exceed -$9,010 for the period July 1, 1995 through June30, 1996. An amendment letter will be issued each year indicating -the reimbursement -amount for the upcoming yearly timeperiod of the contract. Wefeel this is a valuable service formeriticalpublic health population, the elderly and mentally ill who-cannotcare for themselves. 1 recommend continuation of this program and approval of the contract. Enclosure 451237
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