HomeMy WebLinkAbout981111.tiff RESOLUTION
RE: APPROVE CONTRACT FOR PERSONAL CARE BOARDING HOME PROGRAM 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 Contract for the Personal Care
Boarding Home Program 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, commencing
July 1, 1998, and ending June 30, 1999, 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 Contract for the Personal Care Boarding Home Program
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 Chair 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 29th day of June, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
ILWEL COUNTY, COLORADODO v
ATTEST: IIItia' -FT
,• Constance L. Harbert, Chair
Weld County Clerk to '1 , gi )��� y �
'i,► �i L�/NIl
' i'v"" W. H. W ster, Pro-Tem
BY: 'A. -J� •�'` ,'�i' " Cam'
Deputy Clerk to the B�=.s - �'!
eorge . Baxter
AP FORM:
Dale K. Hall
o nt orne j 7 '
/Barbara J. Kirkmeyer
981111
S te-- HL0024
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT
DEPARTMENT OR AGENCY NUMBER
FAA
CONTRACT ROUTING NUMBER
99-00045
CONTRACT
This CONTRACT is made this 1ST day of JULY, 1998, by and between: the State of Colorado, for the
use and benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT,whose
address or principal place of business is 4300 Cherry Creek Drive South,Denver,Colorado 80246,
hereinafter referred to as"the State"; and,the WELD COUNTY HEALTH DEPARTMENT, whose
address or principal place of business is 1517 16`e Avenue Court,Greeley,CO 80631, hereinafter
referred to as"the Contractor".
WHEREAS, as to the State,authority exists in the Law and Funds have been budgeted, appropriated,
and otherwise made available and a sufficient uncommitted balance thereof remains available for
subsequent encumbering and pay in Fund Number 246,and Appropriation Code 795,under Contract
Encumbrance Number FMA HED9900045;
WHEREAS,as of the effective date of this Contract,the State has a currently valid Group II purchasing
delegation agreement with the Division of Purchasing within the Colorado Department of Personnel;
WHEREAS,this procurement is exempt from the Colorado Procurement Code and Rules because the
Contractor is a governmental entity of the State of Colorado;
WHEREAS,the State and the Contractor 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 set forth below; and,
WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with
all appropriate agencies.
Page 1 of 21
NOW THEREFORE, in consideration of their mutual promises to each other, hereinafter stated,the
parties hereto agree as follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1, 1998, or on
such other date as the State Controller approves this Contract, whichever is later. The initial
term of this Contract shall commence on July 1. 1998, and continue through and including June
30. 1999.
B. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. The Contractor shall provide,through the services of approved public health staff,
purchased services which include: the initial health survey of personal care boarding
homes, the annual survey of personal care boarding homes, and the investigation of all
complaints lodged against personal care boarding homes in Weld and Larimer Counties,
State of Colorado.
2. In addition to paragraph one above,the Contractor shall:
A. Conduct annual surveys and all associated monitoring of personal care boarding
homes including: personal care boarding homes designated as residential
treatment facilities for the mentally ill (RTF MI) in Weld and Larimer Counties
following all relevant rules, regulations, guidelines, forms,and procedures as
detailed in "Attachment 1",which is incorporated herein by this reference,
made a part hereof, and attached hereto. The State shall keep the Contractor
apprized of additions, deletions, or changes in the regulations covering personal
care boarding homes.
B. Investigate 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 and Larimer Counties following the
complaint procedures established by the State's Health Facilities Division as
detailed in"Attachment 2",which is incorporated herein by this reference,
made a part hereof, and attached hereto.
C. Notify the local ombudsman of each survey upon entering a facility for
inspections and forward all deficiency lists from annual inspections and
complaint investigations,with plans of correction, to the local ombudsman.
D. Conduct initial health surveys of new personal care boarding homes in Weld and
Larimer Counties following the procedures set forth in Attachment 1.
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3. All correspondence, notifications, or recommendations required or permitted to be given
under this Contract shall be addressed to the individuals listed below at the addresses
listed below:
John Pickle, Director
Weld County Health Department
1517 16d'Avenue Court
Greeley, CO 80631
Colorado Department of Public Health and Environment
Health Facilities Division
Residential Program Administrator
4300 Cherry Creek Drive South
Denver, Colorado 80222-1530
DUTIES AND OBLIGATIONS OF THE STATE.
1. The State shall retain responsibility for all fire safety inspections and, inspections and
complaint investigations of alternative care facilities.
2. In consideration of the Contractor's satisfactory and timely completion of the above-
described services,the State shall cause to be paid to the Contractor an amount not to
exceed TEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS, ($10.730.001,
for the period July 1, 1998,through June 30, 1999. Of this total amount$0.00 are
derived from a funding source of the United State of America and, $10.730.00 are
derived from a funding source of the State of Colorado. The Contractor shall be paid
for:
A. Each facility it surveys which is listed in "Attachment 3",which is incorporated
herein by this reference, made a part hereof, and attached hereto.
B. Each initial health survey,which includes the investigation of all complaints
against a facility occurring within the initial term of this Contract.
C. All survey and monitoring activity necessary to determine the facility's
compliance with the State's licensure regulations.
D. All investigative activities necessary to resolve all complaints against the
facilities listed in Attachment 3 which occur during the initial term of this
Contract. Complaint resolution shall follow the complaint procedures listed in
Attachment 2.
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Reimbursement shall be made at the flat rate of Two Hundred Ninety Dollars,
($290.00)per facility survey. This amount is payable after the Contractor's submission
of written deficiency reports to a facility operator and to the State.
3. Reimbursement shall be made upon receipt of signed billings, submitted in duplicate,
requesting reimbursement. Billings shall include: the names of the facilities surveyed
and the complaints investigated; the dates of service, and the total amount 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. The Contractor shall also submit copies of
transmitting correspondence to and from facilities and complaint investigations.
Reimbursement shall be contingent upon affirmation by the State that the Contractor has
satisfactory complied with the terms and conditions of this Contract.
4. In order to facilitate training in survey and complaint investigation procedures and, to
monitor the performance of the Contractor under this Contract,the State may participate
in survey activities and complaint investigations with the Contractor.
5. In order to allow for the timely processing of reimbursements to the counties and
facilitate the State's fiscal year-end accounting processes, surveys should be performed
prior to May 31. However,all surveys and investigations must be completed during
the by the end of the initial term of this Contract.
6. The Contractor shall immediately notify the State of all those facilities it identifies
which are conducting business without the necessary license(s). The Contractor shall
submit all relevant information to the State to permit the State to license, or pursue an
enforcement action against, a facility,whichever is appropriate. Enforcement actions are
the responsibility of the State. However,the Contractor's staff may be called upon by
the State to assist the State to document its findings.
7. The State may prospectively increase or decrease the amount payable under this Contract
through a"Change Order Letter", a sample of which is incorporated herein by this
reference,made a part hereof, and attached hereto as Attachment 4. To be effective,the
Change Order Letter must be: signed by the State and the Contractor;and, approved by
the State Controller or an authorized designee thereof. Additionally,the Change Order
Letter shall include the following information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The type(s)of service(s)or program(s) increased or decreased and the new level
of each service or program;
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C. The amount of the increase or decrease in the level of funding for each service or
program and the new total financial obligation;
D. The intended effective date of the funding change; and,
E. A provision stating that the Change Order Letter shall not be valid until
approved by the State Controller or such assistant as he may designate.
Upon proper execution and approval,the Change Order Letter shall become an
amendment to this Contract. Except for the General and Special Provisions of this
Contract,the Change Order Letter shall supersede this Contract in the event of a conflict
between the two. It is expressly understood and agreed to by the parties that the change
order letter process may be used only for increased or decreased levels of funding,
corresponding adjustments to service or program levels, and any related budget line
items. Any other changes to this Contract, other than those authorized by the contract
renewal letter process described below, shall be made by a formal amendment to this
Contract executed in accordance with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed change,then the Contractor shall
execute and return the Change Order Letter to the State by the date indicated in the
Change Order Letter. If the Contractor does not agree to and accept the proposed
change, or fails to timely return the partially executed Change Order Letter by the date
indicated in the Change Order Letter,then the State may, upon written notice to the
Contractor,terminate this Contract twenty(20)calendar days after the return date
indicated in the Change Order Letter has passed. Such written notice shall specify the
effective date of termination of this Contract. In the event of termination under this
clause,the parties shall not be relieved of their respective duties and obligations under
this Contract until the effective date of termination has occurred.
Increases or decreases in the level of contractual funding made through this change order
letter process during the initial or renewal terms of this Contract may be made under the
following circumstances:
A. If necessary to fully utilize appropriations of the State of Colorado and/or non-
appropriated federal grant awards;
B. Adjustments to reflect current year expenditures;
C. Supplemental appropriations,or non-appropriated federal funding changes
resulting in an increase or decrease in the amounts originally budgeted and
available for the purposes of this Contract;
D. Closure of programs and/or termination of related contracts;
E. Delay or difficulty in implementing new programs or services; and,
F. Other special circumstances as deemed appropriate by the State.
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8. The State may renew this Contract through a"Contract Renewal Letter", a sample of
which is incorporated herein by this reference, made a part hereof, and attached hereto as
Attachment 5. To be effective,the Contract Renewal Letter must be: signed by the
State and the Contractor; and, approved by the State Controller or an authorized designee
thereof. Additionally,the Contract Renewal Letter shall include the following
information:
A. Identification of this Contract by its contract number and affected paragraph
number(s);
B. The type(s)of service(s)or program(s), if any, increased or decreased and the
new level of each service or program for the renewal term;
C. The amount of the increase or decrease, if any, in the level of funding for each
service or program and the new total financial obligation;
D. The intended effective date of the renewal; and,
E. A provision stating that the Contract Renewal Letter shall not be valid until
approved by the State Controller or such assistant as he may designate.
Upon proper execution and approval,the Contract Renewal Letter shall become an
amendment to this Contract. Except for the General and Special Provisions of this
Contract, the Contract Renewal Letter shall supersede this Contract in the event of a
conflict between the two. It is expressly understood and agreed to by the parties that the
contract renewal letter process may be used only to: renew this Contract; increase or
decrease levels of funding related to that renewal; make corresponding adjustments to
service or program levels, and, adjust any related budget line items. Any other changes
to this Contract, other than those authorized by the change order letter process described
above, shall be made by a formal amendment to this Contract executed in accordance
with the Fiscal Rules of the State of Colorado.
If the Contractor agrees to and accepts the proposed renewal term,then the Contractor
shall execute and return the Contract Renewal Letter to the State by the date indicated in
the Contract Renewal Letter. If the Contractor does not agree to and accept the proposed
renewal term, or fails to timely return the partially executed Contract Renewal Letter by
the date indicated in the Contract Renewal Letter, then the State may, upon written
notice to the Contractor, terminate this Contract twenty(20)calendar days after the
return date indicated in the Contract Renewal Letter has passed. Such written notice
shall specify the effective date of termination of this Contract. In the event of
termination under this clause,the parties shall not be relieved of their respective duties
and obligations under this Contract until the effective date of termination has occurred.
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D. GENERAL PROVISIONS
1. The parties warrant that each possesses actual, legal authority to enter into this Contract.
The parties further warrant that each has taken all actions required by its applicable law,
procedures, rules, or by-laws to exercise that authority,and to lawfully authorize its
undersigned signatory to execute this Contract and bind that party to its terms. The
person or persons signing this Contract, or any attachments or amendments hereto, also
warrant(s)that such person(s)possesses actual, legal authority to execute this Contract,
and any attachments or amendments hereto, on behalf of that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE
STATE. 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. THE CONTRACTOR SHALL PAY
WHEN DUE ALL REOUIRED EMPLOYMENT TAXES AND INCOME TAX
AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS
CONTRACT. THE CONTRACTOR ACKNOWLEDGES THAT THE
CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO
UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR
A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE
DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE
CONTRACTOR SHALL HAVE NO AUTHORIZATION.EXPRESS OR
IMPLIED.TO BIND THE STATE TO ANY AGREEMENTS.LIABILITY.OR
UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE
CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS'
COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE)AND
UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED
BY LAW. AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE
CONTRACTOR.ITS EMPLOYEES AND AGENTS.
3. If this Contract is in the nature of personal/purchased services, then the State reserves the
right to inspect services provided under this Contract at all reasonable times and places
during the term of this Contract. "Services", as used in this clause, includes services
performed or written work performed in the performance of services. If any of the
services do not conform with the terms of this Contract,then the State may require the
Contractor to perform the services again in conformity with the terms of this Contract,
with no additional compensation to the Contractor for the reperformed services. When
defects in the quality or quantity of the services cannot be corrected by reperformance,
then the State may: require the Contractor to take all necessary action(s)to ensure that
the future performance conforms to the terms of the Contract; and, equitably reduce the
payments due to the Contractor under this Contract to reflect the reduced value of the
services performed by the Contractor. These remedies in no way limit the other
remedies available to the State as set forth in this Contract.
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4. If, through any cause attributable to the Contractor's action(s)or inaction(s), the
Contractor: fails to fulfill, in a timely and proper manner, its duties and obligations under
this Contract; or,violates any of the agreements, covenants, provisions, stipulations, or
terms of this Contract,then the State shall thereupon have the right to terminate this
Contract for cause by giving written notice thereof to the Contractor. Such written
notice shall be given at least ten (10)calendar days before the proposed termination date
and shall afford the Contractor the opportunity to cure the default or state why
termination is otherwise inappropriate. If this Contract is terminated for default,then all
finished or unfinished data, documents,drawings, evaluations, hardware, maps, models,
negatives, photographs, reports, software, studies, surveys, or any other material,
medium or information, however constituted,which has been or is to be produced or
prepared by the Contractor under this Contract shall, at the option of the State, become
the property of the State. The Contractor shall be entitled to receive just and equitable
compensation for any services or supplies delivered to,and accepted by,the State. If
applicable,the Contractor shall return any unearned advance payment it received under
this Contract to the State. Notwithstanding the above,the Contractor is not relieved of
liability to the State for any damages sustained by the State because of the Contractor's
breach of this Contract. The State may withhold any payment due to the Contractor
under this Contract to mitigate the State's damages until such time as the exact amount
of the State's damages from the Contractor's breach of this Contract is determined. If,
after terminating this Contract for default, it is determined for any reason that the
Contractor was not in default,or that the Contractor's action or inaction was excusable,
then such termination shall be treated as a termination for convenience, and the rights
and obligations of the parties shall be the same as if this Contract had been terminated
for convenience, as described herein.
5. The State may,when the interests of the State so require,terminate this Contract in
whole or in part, for the convenience of the State. The State shall give written notice of
such termination to the other party specifying the part(s)of the Contract terminated.
Such written notice shall be given to the other party at least thirty(30)calendar days
before the effective date of termination. If this Contract is terminated for convenience,
then all finished or unfinished data, documents, drawings, evaluations, hardware,maps,
models, negatives, photographs, reports, software, studies, surveys, or any other
material, medium or information, however constituted,which has been or is to be
produced or prepared by the Contractor under this Contract shall, at the option of the
State, become the property of the State. The Contractor shall be entitled to receive just
and equitable compensation for any services or supplies delivered to, and accepted by,
the State. If applicable,the Contractor shall return any unearned advance payment it
received under this Contract to the State. This paragraph in no way implies that a party
has breached this Contract by the exercise of this paragraph. If this Contract is
terminated by the State as provided for herein, then the Contractor shall be paid an
amount equal to the percentage of services actually performed for, or goods actually
delivered to,the State, less any payments already made by the State to the Contractor for
those services or goods.
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However, if less than sixty percent(60%)of the services or goods covered by this
Contract have been performed or delivered as of the effective date of termination,then
the Contractor shall also be reimbursed(in addition to the above payment) for that
portion of those actual "out-of-pocket"expenses(not otherwise reimbursed under this
Contract)incurred by the Contractor during the term of this Contract which are directly
attributable to the uncompleted portion of the services, or the undelivered portion of the
goods,covered by this Contract. In no event shall reimbursement under this clause
exceed the total financial obligation of the State to the Contractor under this Contract. If
this Contract is terminated for default because of the Contractor's breach of this
Contract,then the provisions of paragraph 4 above shall apply.
6. The Contractor shall comply with the requirements of the following:
A. Office of Management and Budget Circulars A-87, A-21, or A-122, and A-102
or A-110, as applicable;
B. the"Hatch Act" (5 U.S.C. 1501-1508)and Public Law 95-454, Section 4728.
These federal statutes declare that federal fluids 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 U.S.C.
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 U.S.C. 6101 et seq, 42 U.S.C. 2000d,29 U.S.C. 794. These Acts mandate
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;
E. the"Americans with Disabilities Act"(Public Law 101-336; 42 U.S.C. 12101,
12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 -
12189, 12201 - 12213 and 47 U.S.C. 225 and 47 U.S.C. 611);
F. if the Contractor is acquiring an interest in real property and displacing
households or businesses in the performance of this Contract,then the
Contractor is in compliance with the"Uniform Relocation Assistance and Real
Property Acquisition Policies Act", as amended (Public Law 91-646,as
amended and Public Law 100-17, 101 Stat. 246-256); and,
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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).
7. By signing and submitting this Contract, the Contractor affirmatively avers 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 U.S.C. 701 et
seq.); and,
B. The Contractor hereby certifies that it is not presently debarred, suspended,
proposed for debarment, declared ineligible,or voluntarily excluded from
covered transactions by any federal department or agency. The Contractor
agrees to comply with all applicable regulations pursuant to Executive Order
12549, including,Debarment and Suspension and Participants'Responsibilities,
29 C.F.R. 98.510(1990).
C. The Contractor agrees to comply with all applicable regulations pursuant to
Section 319 of Public Law 101-121, Guidance for New Restrictions on
Lobbying, including, Certification and Disclosure, 29 C.F.R. 93.110(1990).
8. If this Contract involves the expenditure of federal or state funds,then this Contract is
subject to, and contingent upon,the continued availability of those funds for payment
pursuant to the terms of this Contract. If those funds, or any part thereof, become
unavailable as determined by the State,then the State may immediately terminate this
Contract.
9. To be considered for payment, billings for payments pursuant to this Contract must be
received within a reasonable time after the period for which payment is requested; but in
no event no later than ninety(90) calendar days after the relevant performance period
has passed. Final billings under this Contract must be received by the State within a
reasonable time after the expiration or termination of this Contract; but in no event no
later than ninety(90)calendar days from the effective expiration or termination date of
this Contract.
10. Unless otherwise provided for in this Contract, "Local Match" shall be included on all
billing statements, in the column provided therefor, as required by the funding source.
1 1. The Contractor shall not use federal funds to satisfy federal cost sharing and matching
requirements unless approved in writing by the appropriate federal agency.
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12. In accordance with Office of Management and Budget(OMB)Circular A-133 (Audits of
States, Local Governments,and Non-Profit Organizations), if the Contractor receives
federal funds from any source, including State pass through money, in an aggregate
amount in excess of $300,000.00(June 24, 1997), in a State fiscal year(July 1 through
June 30),then the Contractor shall have an annual audit performed by an independent
certified public accountant which meets the requirements of OMB Circular A-I33.
If the Contractor is required to submit an annual indirect cost proposal to the State for
review and approval,then the Contractor's auditor shall audit the proposal in accordance
with the requirements of OMB Circulars A-21 (Cost Principles for Educational
Institutions),A-87 (Cost Principles for State, Local and Tribal Governments), or A-122
(Cost Principles for Non-Profit Organizations), whichever is applicable. The Contractor
shall furnish one(1)copy of the audit report(s)to the State's Accounting Office within
thirty(30)calendar days of issuance; but in no event later than nine(9) months after the
end of the Contractor's fiscal year. If(an) instance(s)of noncompliance with federal
laws and regulations occurs,then the Contractor shall take all appropriate corrective
action(s)within six(6)months of the issuance of(a)report(s). The Contractor shall
grant the State, or its authorized agents, access to the Contractor's relevant records and
financial statements. The Contractor shall retain all such records and financial
statements for a period of three(3)years after the date of issuance of a final audit report.
This requirement is in addition to any other audit requirements contained in other
paragraphs of this Contract.
13. Unless otherwise provided for in this Contract, for all contracts with terms longer than
three(3)months,the Contractor shall submit a written progress report, if required by this
Contract, specifying the progress made for each activity identified in this Contract.
These progress reports shall be in accordance with the procedures developed and
prescribed by the State. The preparation of progress reports in a timely manner is the
responsibility of the Contractor. If the Contractor fails to comply with this provision,
then such failure: may result in a delay of payment of funds; or, termination of this
Contract. Progress reports shall be submitted to the State no later than the end of each
calendar quarter, or at such other time as may otherwise be specified.
14. The Contractor shall maintain a complete file of all records, documents,
communications, and other materials which pertain to this Contract. Such materials
shall be sufficient to properly reflect all direct and indirect costs of labor, materials,
equipment, supplies, and services,and other costs of whatever nature for which a
contract payment was made. These records shall be maintained according to generally
accepted accounting principles and shall be easily separable from other records of the
Contractor. Copies of all such records, documents, communications, and other materials
shall be the property of the State and shall be maintained by the Contractor, in a central
location as custodian for the State, on behalf of the State, for a period of three(3)years
from the date of final payment under this Contract, or for such further period as may be
necessary to resolve any pending matters, including, but not limited to, audits performed
by the federal government.
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15. The Contractor authorizes the State, or its authorized agents or designees, to perform
audits or make inspections of its records for the purpose of evaluating its performance
under this Contract at any reasonable time during the term of this Contract and for a
period of three(3)years following the termination of this Contract. As such,the
Contractor shall permit the State, any appropriate federal agency or agencies, or any
other duly authorized governmental agent or agency, to monitor all activities conducted
by the Contractor pursuant to the terms of this Contract.
Such monitoring may include, but is not limited to: internal evaluation procedures,
examination of program data, special analyses, on-site checks, formal audit
examinations, or any other reasonable procedures. All monitoring shall be performed by
the State in such a manner that it shall not unduly interfere with the work of the
Contractor.
16. If the Contractor obtains access to any records, files, or information of the State in
connection with, or during the performance of,this Contract, then the Contractor shall
keep all such records, files, or information confidential and shall comply with all laws
and regulations concerning the confidentiality of all such records, files, or information to
the same extent as such laws and regulations apply to the State. Any breach of
confidentiality by the Contractor or third party agents of the Contractor shall constitute
good cause for the State to cancel this Contract,without liability to the State. Any State
waiver of an alleged breach of confidentiality by the Contractor, or third party agents of
the Contractor,does not constitute a waiver of any subsequent breach by the Contractor,
or third party agents of the Contractor.
17. Unless otherwise agreed to in this Contract,or in a written amendment executed and
approved pursuant to the Fiscal Rules of the State of Colorado, the parties agree that all
material, information, data, computer software,documentation, studies, and evaluations
produced in the performance of this Contract for which the State has made a payment
under this Contract are the sole property of the State. All such items shall be delivered
to the State by the Contractor upon completion,termination, or cancellation of this
Contract. The Contractor shall not use, willingly allow another to use, or cause such
items to be used for any purpose other than for the performance of the Contractor's
duties and obligations under this Contract without the prior, express, written consent of
the State.
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18. Except for its own internal use, the Contractor shall not publish or reproduce any data or
other information, however contained, in whole or in part, which is recorded in any form
or medium whatsoever, and which is delivered or specked to be delivered under this
Contract. Nor may the Contractor authorize or permit others to do so,without the prior,
express, written consent of the federal through the State, until such time as
the federal government may have released such data or other information to the public.
As authorized by 49 C.F.R. 18.34, the federal government, through the State, reserves a
paid in full, irrevocable, royalty free, and non-exclusive and license to reproduce,
publish, or otherwise use, and to authorize the State or others to reproduce, publish, or
otherwise use: 1. any work specifically developed under this Contract, or a resulting
third party contract, irrespective of whether that work is already copyrighted; and,2.
any rights of copyright to which the Contractor, subrecipient, or third party contractor
purchases ownership with federal assistance. As such, if any copyrightable material is
produced under this Contract, then the State, and any applicable federal funding entity,
shall have a paid in full, irrevocable, royalty free, and non-exclusive license to
reproduce,publish, or otherwise use, and authorize others to use, the copyrightable
material for any purpose authorized by the Copyright Law of the United States as now or
hereinafter enacted. Upon the written request of the Contractor shall provide the State
with three(3)copies of all such copyrightable material.
19. If required by the terms and conditions of a federal or state grant,the Contractor shall
obtain the prior approval of the State and all necessary third parties prior to publishing
any materials produced under this Contract. If required by the terms and conditions of a
federal or state grant,the Contractor shall also credit the State and all necessary third
parties with assisting in the publication of any materials produced under this Contract.
20. If the Contractor is a"public entity" within the meaning of the Colorado Governmental
Immunity Act, C.R.S. 24-10-101, et seq. 10 C.R.S., as amended ("Act"), then the
Contractor shall at all times during the term of this Contract maintain such liability
insurance, by commercial policy or self-insurance,as is necessary to meet its liabilities
under the Act. The Contractor must provide the State with proof of such insurance.
Page 13 of 21
21. The Contractor certifies that, as of the effective date of this Contact, it has currently in
effect all necessary licenses, certifications, approvals, insurance, permits,etc., if any,
required to properly perform the services and/or deliver the supplies specified in this
Contract. The Contractor also warrants that it shall maintain all necessary licenses,
certifications,approvals, insurance, permits, etc., if any, required to properly perform
this Contract,without reimbursement by the State or other adjustment in the Contract
price. Additionally, all employees or subcontractors of the Contractor performing
services under this Contract shall hold,and maintain in effect, all required licenses,
certifications, approvals, insurance, permits, etc., if any,necessary to perform their
duties and obligations under this Contract. The Contractor further certifies that, if it is a
foreign corporation or other entity, it currently has obtained and shall maintain any
applicable certificate of authority to do business in the State of Colorado and has
designated a registered agent in Colorado to accept service of process. Any revocation,
withdrawal or nonrenewal of any necessary licenses, certifications, approvals, insurance,
permits, etc., if any, required of the Contractor, or its employees and subcontractors,to
properly perform its duties and obligations under this Contract shall be grounds for
termination of this Contract by the State for default without further liability to the State.
22. In addition to any other remedies provided for in this Contract, or by law,the State may
exercise the following remedial actions if the Contractor substantially fails to satisfy or
perform its duties or obligations under this Contract. "Substantial failure to satisfy or
perform"is defined to mean: unsatisfactory, insufficient, incorrect, or improper actions
or inactions by the Contractor in performing its duties and obligations under this
Contract. These additional remedial actions include, but are not limited to:
A. Suspension of further performance by the Contractor pending completion of
necessary corrective action(s)by the Contractor as specified by the State.
B. Withholding of further payments to the Contractor until necessary services or
corrective actions are satisfactorily completed by the Contractor.
C. Requesting the removal from further work on the Contract those employees of
the Contractor whom the State believes, in good faith, are incompetent,
unsatisfactory, insubordinate, or otherwise unsuitable, or whose continued
performance under this Contract is deemed, in good faith by the State,to be
contrary to the public interest or the interest(s)of the State.
D. Denial of payment for those services or obligations of the Contractor which have
not yet been performed and which, due to circumstances caused by the
Contractor, cannot be performed, or if performed,would be of no value to the
State. Denial of payment must be reasonably related to the amount of services
or performance lost to the State because of the Contractor's actions.
E. Terminate this Contract immediately as set forth in the Termination for Default
paragraph of this Contract but without further liability to the State, including, but
not limited to, liability for termination costs.
Page 14 of 21
23. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure
of performance of, any covenant or promise contained in this Contract; nor shall any
delay or failure constitute default or give rise to any liability for damages if, and only to
the extent that, such delay or failure is caused by a supervening cause. As used in this
Contract, "supervening cause" is defined to mean: an act of God, fire, explosion,action
of the elements, strike, interruption of transportation,rationing, court action, illegality,
unusually severe weather,war, or any other cause which is beyond the control of the
affected party and which,by the exercise of reasonable diligence, could not have been
prevented by the affected party.
24. It is expressly understood and agreed to between the parties that the enforcement of the
terms and conditions of this Contract, and all rights of action related to such
enforcement, shall be strictly reserved to the State and the named Contractor. Nothing
contained in this Contract shall give or allow any claim or right of action whatsoever to
or by any third person. Nothing contained in this Contract shall be construed as a waiver
of any provision of the Colorado Governmental Immunity Act, section 24-10-101 ft seq.,
C.R.S., as amended. It is the express intent of the State and the named Contractor that
any person or entity, other than the State or the named Contractor, receiving services or
benefits under this Contract shall be deemed an incidental beneficiary only.
25. To the extent that this Contract may be executed and performance of the obligations of
the parties may be accomplished within the intent of this Contract, the terms of this
Contract are severable. If any term or provision of this Contract is declared invalid by a
court of competent jurisdiction, or becomes inoperative for any other reason,then such
invalidity or failure shall not affect the validity of any other term or provision of this
Contract.
26. The waiver of a breach of a term or provision of this Contract shall not be construed as a
waiver of a breach of any other term or provision of this Contract or, as a waiver of a
breach of the same term or provision upon subsequent breach.
27. If this Contract is in the nature of personal/purchased services,then,except for accounts
receivable,the rights, duties, and obligations of the Contractor cannot be assigned,
delegated,or otherwise transferred, except with the prior, express, written consent of the
State.
28. Except as otherwise provided for herein, this Contract shall inure to the benefit of, and
be binding upon,the parties hereto and their respective successors and assigns.
Page 15 of 21
29. Unless otherwise provided for in this Contract, the Contractor shall notify the State,
within five (5)working days after being served with a summons, complaint, or other
pleading in a case which involves any services provided under this Contract and which
has been filed in any federal or state court or administrative agency. The Contractor shall
immediately deliver copies of any such documents to the State.
30. This Contract is subject to such modifications as may be required by changes in
applicable federal or state law, or federal or state implementing rules,regulations, or
procedures of that federal or state law. Any such required modification shall be
automatically incorporated into, and be made a part of,this Contract as of the effective
date of such change as if that change was fully set forth herein. Except as provided
above, no modification of this Contract shall be effective unless such modification is
agreed to in writing by both parties in an amendment to this Contract that has been
previously executed and approved in accordance with applicable law.
31. Notwithstanding anything herein to the contrary,the parties understand and agree that all
terms and conditions of this Contract,and the exhibits and attachments hereto,which
may require continued performance or compliance beyond the termination date of this
Contract shall survive such termination date and shall be enforceable as provided herein
in the event of a failure to perform or comply by a party to this Contract.
32. Notwithstanding any other provision of this Contract to the contrary, no term or
condition of this Contract shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections, or other provisions of the
Colorado Governmental Immunity Act(CGIA), section 24-10-101, et seq., C.R.S., as
now or hereafter amended. The parties understand and agree that liability for claims for
injuries to persons or property arising out of the alleged negligence of the State of
Colorado, its departments, institutions,agencies, boards, officials, and employees is
controlled and limited by the provisions of section 24-10-101 et sea., C.R.S.,as now or
hereafter amended.
33. The captions and headings used in this Contract are for identification only, and shall be
disregarded in any construction of the terms, provisions, and conditions of this Contract.
34. The parties hereto agree that venue for any action related to this Contract shall be in the
City and County of Denver, Colorado.
35. All attachments to this Contract are incorporated herein by this reference and made a
part hereof as if fully set forth herein. In the event of any conflict or inconsistency
between the terms of this Contract and those of any attachment to this Contract, the
terms and conditions of this Contract shall control.
Page 16 of 21
36. This Contract is the complete integration of all understandings between the parties. No
prior or contemporaneous addition, deletion, or other amendment hereto shall have any
force or effect whatsoever, unless embodied herein in writing. No 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 Fiscal
Rules of the State of Colorado.
E. 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.
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 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 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 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,tools, or equipment in the prosecution of the work 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 is executed, delivered and filed, no claim
in favor of the contractor arising under such contract shall be audited, allowed or paid. A
certified or cashier's check or a bank money order payable to the Treasurer of the State of
Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS
38-26-106.
These special provisions are reproduced from Appendix A of Rule 3-1 of the Fiscal
Rules of the State of Colorado, effective September 1, 1996. These special provisions are mandatory
provisions of all payable State Contracts.
Page 17 of 21
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 State contracts and subcontracts.
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 advertising; lay-offs 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 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
employment without regard to race, creed, color, national origin, sex,marital status,religion,
ancestry, mental or physical handicap, or age.
(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.
Page 18 of 21
(d) The contractor and labor unions will furnish all information and reports required by
Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975,and by the
rules,regulations and Orders of the Governor, or pursuantthereto,-and will permit access to his
books, records,and accounts by the contracting agency and the office of the Governor or his
designee for purposes of investigation to ascertain compliance with such rules, regulations and
orders.
(e) 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 the full enjoyment of work
opportunity because of race, creed,color, sex, national origin, or ancestry.
(f) 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.
(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, dated 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,
dated 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
subcontract and subcontractor purchase order unless exempted by rules, regulations, or orders
issued pursuant to Executive Order, Equal Opportunity and Affirmative Action, dated 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-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 Colorado labor are applicable to this contract if
public works within the State are undertaken hereunder and are financed in whole or in part by
State funds.
Page 19 of 21
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 by reference which purports to negate this or any other special provision in whole or in
part shall be valid or enforceable or available in any action at law whether by way of complaint,
defense, or otherwise. Any provision rendered null and void by the operation of this provision
will not invalidate the remainder of this contract to the extent that the contract is capable of
execution.
8. At all times during the performance of this contract,the contractor shall strictly adhere to
all applicable federal and state laws, rules and regulations that have been or may hereafter be
established.
9. Pursuant to CRS 24-30-202.4(as amended), the state controller may withhold debts
owed to state agencies under the vendor offset intercept system for: (a)unpaid child support debt
or child support arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified
in Article 22, Title 39, CRS; (c)unpaid loans due to the student loan division of the department
of higher education; (d)owed amounts required to be paid to the unemployment compensation
fund; and (e)other unpaid debts owing to the state or any agency thereof,the amount of which is
found to be owing as a result of final agency determination or reduced to judgment as certified
by the controller.
10. The signatories aver that they are 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.
11. The signatories aver that to their knowledge, no state employee has any personal or
beneficial interest whatsoever in the service or property described herein.
Page 20 of 21
IN WITNESS WHEREOF,the parties hereto have executed this Contract as of the date and year first
above written.
CONTRACTOR: WELD COUNTY BOARD OF STATE:
COMMISSIONERS
WELD COUNTY HEALTH DEPARTMENT STATE OF COLORADO
Roy Ro er o 0
By: E. By:
Constance L. Harbert (06/29/98) For the Executive Director
DEPARTMENT OF
Position(Title) Chair PUBLIC HEALTH
AND
ENVIRONMENT
84-6000813
Social Security Number or Federal I.D.Number Program Approval
If Corporation,Tow A ity/C i. .p.to `,t 't:
/ y %�
Attest(Affix Seal) � , :!� i:,;,. ,/.�'�
By: .i//i. . %.. . ►_ ��� Deputy
to the Board
' :• 'ROVALS: APPROVALS:
� STATE CONTROLLER
ATTQ�RNEX CONTRBY.
By: on By:
•N on Attorney General Clifford W. Hall
James E. Martin
Assistant Attorney General
State Services Section
WELD COU E AkTPENT
�—SG
•
N S. PICKL , M.S.E.H.
DIRECTOR
Page 21 of 21
ATTACHMENT
PROCEDURES FOR CONDUCTING
PERSONAL CARE BOARDING HOME SURVEYS
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 Contractor 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 packet will be sent by the State to the
Contractor with the monthly status report. The 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 input from the contractor.
3. The Contractor surveys on a cyclical basis,determined by workload requirements, with all
surveys being performed within the contract period.
4. The Contractor shall conduct initial health surveys of new personal care boarding homes in
the county within 30 to 90 days of completion of the initial fire safety survey conducted by the
State. Time frames for processing of the deficiency list and other paperwork is the same as that
set forth in section 5, 6, and 7 of this Attachment 1. The State shall provide the Contractor with
the facility name, address, telephone number,number of beds, and name of facility operator for
all new facilities ready for an initial health survey, upon completion of the initial State fire safety
survey.
5. Following the initial or annual health survey,the Contractor shall prepare a cover letter and
deficiency list and send the deficiency list to the facility within 10 calendar days of the survey
date. Contractors with a computer system that is compatible with that of the State shall be
trained by the State to complete survey forms and documentation using the State's Aspen
computer system.
6. 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 each correction. Completion dates should not
exceed 60 days from the date of the survey. The surveyor review of the POC 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 POC.
Surveyor discretion may be used in cases where the facility demonstrates that sufficient progress
has been made in correcting the deficiencies(facility may provide bids, purchase orders, written
time frames, etc.,to demonstrate progress).
7. Within 10 calendars 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 the POC shall also be sent to the local ombudsman.
8. The Contractor shall conduct revisits and monitoring visits to surveyed facilities as needed, at
the discretion of the Contractor, or upon request of the State.
9. The State has the discretion to modify time frames at the request of the Contractor.
10. 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 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.
11. On a monthly basis, the Contractor notifies the State of surveys completed, complaints
received,and complaints investigated.
12. The State shall 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 license and
supply documentation for appropriate enforcement actions.
14. Contractors using the 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.
•
countycontractsurvey.pro
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 directly. If the caller does not wish to call directly,the State
will conduct the complaint intake and fax the intake to the local health department and also
notify the local health department by telephone of the complaint. If the complaint is received by
letter at the State,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.
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 state should be notified
when the local health department receives a life threatening complaint.
3. When the local health department investigators go to a 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 the 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 addressed in the report and a determination should be
made as to whether deficient practices were found. In addition, a summary report for public
viewing shall be written. This report shall include each allegation and a summary of the findings
of each allegation, with all names deleted. The report shall also identify whether or not deficient
practices were cited, the cite number and brief summary of the deficiency. This summary report
will be made available to the public.
7. Deficiencies should be cited if a faelity 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 1. 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, summary report for public viewing and deficiency list with
acceptable plan of correction (when applicable) should be sent to the State as soon as possible
upon completion of the investigative report.
countyhealthcomplaint.pro
PCBH REPORT: 05/04/98: LARIMER COUNTY Attachment 3
230365-PCBHONLY-EDEN VALLEY LIFESTYLE VILLAGE 6263 N COUNTY ROAD 29 LOVELAND 06/24/98 06/27/97 16
230329-PCBHONLY-FORT COLLINS GOOD SAMARITAN RETIREMENT V 508 W TRILBY ROAD FORT COLLINS 10/31/98 06/10/97 27
230373-PCBHONLY-LOVELAND GOOD SAMARITAN VILLAGE 2101 S GARFIELD AVE LOVELAND 05/06/99 04/21/97 40
230376-PCBHONLY-MAJESTYCK MANOR 1109 GREENBRIAR DRIVE FORT COLLINS 09/17/98 01/26/98 8
23036U-PCBHONLY-NEW MERCER COMMONS 900 CENTRE AVENUE FORT COLLINS 05/18/99 05/05/97 120
230386-PCBHONLY-PINE VALLEY 238A E RIVERSIDE DRIV ESTES PARK 11/29/98 06/05/97 5
230314-PCBHONLY-SHAMROCK MANOR, INC. 2914 W PROSPECT RD FORT COLLINS 04/03/59 11/22/96 8
230326-PCBHONLY-SILVER HARE SENIOR BOARD 'N' CARE 2320 W PROSPECT ROAD FORT COLLINS 10/29/98 03/31/97 8
2303WA-PCBHONLY-STERLING HOUSE OF FORT COLLINS 1002 RULE DR FORT COLLINS 02/12/99 / / 80
2303RR-PCBHONLY-STERLING HOUSE OF LOVELAND 2895 N EMPIRE LOVELAND 08/25/98 09/18/97 80
2303HV-PCBHONLY-SUNSHINE HOUSE 2413 MAT_HEWS ST FORT COLLINS 03/31/99 05/20/97 5
230389-PCBH/RTF-CHOICE HOUSE/RTF 214 S WHITCOMB FORT COLLINS 07/12/98 06/09/97 8
230390-PCBH/RTF-PROMISE HOUSE/RTF (MI) 218 S WHITCOMB FORT COLLINS 07/12/98 06/09/97 5
Initial Surveys (projected) Larimer County: 4
PCBH REPORT: 05/04/98: WELD COUNTY
2303J4-PCBHONLY-BEEHIVE HOMES-CHAPPELOW *2 1725 32ND ST EVANS 03/19/99 05/01/97 12
230327-PCBHONLY-BONELL GOOD SAMARITAN CENTER 708 22ND STREET GREELEY 03/10/99 06/12/97 41
23036H-PCBHONLY-BRIDGE ASSIST LVGaLIFE CC OF GREELEY 4750 25TH ST GREELEY 04/21/99 / / 70
2303C0-PCBHONLY-GARDEN SQUARE AT WESTLAKE 3151 W 20TH ST GREELEY 01/13/99 / / 48
23030K-PCBHONLY-GARDEN SQUARE OF GREELEY 1663 29TH AVENUE PLAC GREELEY 02/23/99 05/13/97 34
230374-PCBHONLY-GRAY CARA WEST 3705 CARSON ST EVANS 02/13/99 10/30/97 14
2303B5-PCBHONLY-STERLING HOUSE OF GREELEY 1999 38TH AVENUE GREELEY Y 08/03/98 12/05/97 50
230317-PCBHONLY-TRIANGLE CROSS RANCH I 24823 FIRST STREET GALETON 06/14/98 05/15/97 5
230343-PCBHONLY-TRIANGLE CROSS RANCH II 36049 WELD CO ROAD 51 GALETON 05/08/99 05/15/97 4
230355-PCBHONLY-TRIANGLE CROSS RANCH III 36051 WELD CO ROAD 51 GALETON 05/08/99 05/16/97 5
2303E8-PCBHONLY-TRIANGLE CROSS RANCH IV 36053 WELD CO ROAD 51 GALETON 01/04/99 05/16/97 4
2303Y6-PCBHONLY-WILLOWS AT WINDSOR INC, THE 303 E CHESTNUT ST WINDSOR 10/07/98 02/25/98 4
230395-PC8H/RTF-NORTH RANGE BEHAV HLTH/STANEK 1513 9TH AVE GREELEY 12/02/98 12/02/97 12
230391-PCBH/RTF-NORTH RANGE BEHAV HLTH/ATU 1309 10TH AVE GREELEY 09/15/98 05/12/97 16
2303ES-PCBH/RTF-NORTH RANGE BEHAV HLTH/ACF 1103 5TH ST GREELEY 10/30/98 12/03/97 6
2303FH-PCBH/RTF-NORTH RANGE BEHAV HLTH/KINNICK CTR/RTF 1316 11TH AVE GREELEY 04/21/99 / / 12
Initial Surveys (projected) Weld County: 4
4
Attachment 4
STATE OF COLORADO
Roy Romer,Governor of
Patti Shwayder,Executive Director 4F;,
Dedicated to protecting and improving the health and environment of the people of Colorado .k.„
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division ♦ �', •
Denver,Colorado 80246-1530 8100 Lowry Blvd. ♦ 76•
Phone(303)692-2000 Denver CO 80220-6928
Located in Glendale,Colorado (303)692-3090 Colorado i ,,;,',;,•ent
http://www.cdphe.state.co.us of Pubhe health
and Environment
Date
State Fiscal Year 19_-_ Contract Routing Number Change Order Letter No._
In accordance with paragraph C.7.of the Original Contract with contract routing number and
contract encumbrance number ,as amended by Change Order Letter routing number
and Renewal Letter routing number , [strike if inapplicable] hereinafter referred to in total as
"the Original Contract"(a copy of which is attached hereto and by this reference incorporated herein and
made a part hereof)between the State of Colorado,Department of Public Health and Environment,
Health Facilities Division and, covering the period from
199, through 199,the parties agree that the maximum amount payable by the State
for the eligible services in Paragraph C.2. of the Original Contract is increased/decreased (strike
inapplicable] by DOLLARS($ )for a new total of
DOLLARS($ ). A revised facility list,which is incorporated herein by this
reference and made a part hereof,and is attached hereto as Attachment 3. The first sentence in
paragraph C.2 of the Original Contract is hereby modified accordingly. All other terms of conditions of
the Original Contract are hereby reaffirmed by the parties.
This amendment to the Original Contract is intended to be effective as of 199 ,but in
no event shall it be deemed valid until it shall have been approved by the State Controller or such
assistant as he may designat,4
Please sign,date and return all_originals of this letter as soon as possible to:
_, at the Colorado Department of Public Health and Environment,
_Division, 4300 Cherry Creek Drive South, Mail Code: , Denver,CO 80246. One
original of this letter will be returned to you when fully approved.
Contractor: State of Colorado
Full Contractor Name Roy Romer,Governor
By: By:
Signature For the Executive Director
Colorado Department of
Public Health and
Print Name: Environment
Title:
APPROVALS:
PROGRAM CONTROLLER
By: By:
Attachment 5
STATE OF COLORADO
Roy Romer,Governor OE' •
Patti Shwayder,Executive Director �� ;,= j�•
Dedicated to protecting and improving the health and environment of the people of Colorado a , '•'+ ` •
4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division «s�:J•
Denver,Colorado 80246-1 S30 8100 Lowry Blvd. • 87
Phone(303)692-2000 Denver CO 80220-6928
Located in Glendale,Colorado (303)692-3090 Colorado Department
of c Health
http://www.cdphestate.co.us and Environment
nment
Date
State Fiscal Year 19_-_ Contract Routing Number
Contract Renewal Letter No.
Pursuant to paragraph C$of the contract with routing number and contract encumbrance number
,(as amended by Change Order Letter routing number , and/or Contract Renewal Letter routing number_
, if any), hereinafter referred to as the"Original Contract"(a copy of which is attached hereto and by this
reference made a part hereof)between the State of Colorado,Department of Public Health and Environment and_
, for the renewal term from 199_through 199_,
the parties agree that the maximum amount payable by the State for the eligible services referenced in paragraph C.2
of the Original Contract is increased/decreased by DOLLARS($ )to a new
total of DOLLARS($ ). A revised facility list,which is attached hereto as
Attachment 3 is made a part hereof and incorporated herein by this reference. The first sentence in paragraph,C.2.
of the Original Contract is hereby modified accordingly. All other terms and conditions of the Original Contract are
hereby reaffirmed.
This amendment to the Original Contract is intended to be effective as of 199_, but in no event
Shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may
designate.
Please sign,date,and return all_originals of this Contract Renewal Letter by , 19_to the attention
of:
Colorado Department of Public Health and Environment
Mail Code:f1FD-2
4300 Cherry Creek Drive South
Denver,Colorado 80222-1530
One original of this Contract Renewal Letter will be returned to you when fully approved.
Contractor: State of Colorado:
Full Legal Name Roy Romer,Governor
By:
Signature
By:
Print Name: For the Executive Director
Colorado Department of Public Health
Title: and Environment
APPROVALS:
PROGRAM
CONTROLLER
By: By:
Clifford W. Hall
MEMORAnDU
Constance L. Harbert, Chair
To Board of County Commissioners Date June 25, 1998
COLORADO
From John Pickle, Director, Health Dep
Subject:
Personal Care Boarding Home Contract
Enclosed for Board review and approval is a contract between the Colorado Department of
Public Health and Environment and Weld County Health Department for the Personal Care
Boarding Home Program.
The Health Department will be responsible for annual inspections of up to 16 personal care
boarding home facilities in Weld County, up to 13 facilities in Larimer County and for
investigating complaints in both counties. There are two changes in this year's contract. One
requires a summary of complaint investigations be written in addition to the narrative report.
This summary can be used for public viewing. The other change is that WCHD will be
responsible for up to four initial surveys in each county. The term of the contract is from July 1,
1998 through June 30, 1999.
For these services, the Health Department will be reimbursed at the rate of$290 per facility
surveyed not to exceed $10,730 for the term of the contract.
This is a valuable service for a critical public health population, the elderly and mentally ill, who
cannot care for themselves. I recommend your approval of the contract.
Enc.
981111
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