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Notwithstanding Section 16.128-4, services paid for by the Fund shall not include:
(a) Services provided by the Police Department or other law enforcement agencies, courts, the District Attorney, Public Defender, City Attorney, the Fire Department, and detention or probation services mandated by state or federal law;
(b) Any service that benefits Seniors or Adults with Disabilities incidentally or only as members of a larger population of adults;
(c) Any service realigned by the State or for which a fixed or minimum level of expenditure is mandated and funded by state or federal law, to the extent of the level of funding provided;
(d) Acquisition of any capital item unless for the primary and direct use by Seniors and Adults with Disabilities and that is necessary for the expansion of services and support;
(e) Acquisition, other than by lease for a term of ten years or less, of any real property or land, or capital expenditures, or predevelopment or construction costs for housing;
(f) Maintenance, utilities, or any similar operating costs of any facility not used primarily and directly by Seniors and Adults with Disabilities or of any recreation or park facility, library, hospital, or housing;
(g) Medical health services, other than prevention, education, and behavioral and mental health support services; or
(h) Services provided by hospitals and long-term care institutions.
(Added by Proposition I, Approved 11/8/2016)
(a) The City shall appropriate the additional contributions to the Fund under Section 16.128-3(b) and (d) according to a four-year planning process. This process is intended to: (1) increase transparency, accountability, and public engagement; (2) provide time and opportunities for community participation and planning; (3) ensure program stability; and (4) maximize the effectiveness of the services funded.
(b) Year 1 – Community Needs Assessment. Beginning in fiscal year 2017-2018 and during every fourth fiscal year thereafter, DAAS shall conduct a Community Needs Assessment (CNA) to identify services to receive monies from the Fund. The CNA shall include qualitative and quantitative data sets collected through interviews, focus groups, surveys, or other outreach mechanisms to determine service gaps and unmet needs. In conducting the CNA, DAAS shall also review needs assessments prepared by community and other governmental entities. Subject to the budgetary and fiscal provisions of the Charter, DAAS may contract with consultants and outside experts for such services as it may require to prepare the CNA. DAAS shall undertake a robust community process to solicit input from Seniors and Adults with Disabilities, in consultation with the Mayor’s Office on Disability or any successor agency.
DAAS shall, in consultation with the Oversight and Advisory Committee, develop a plan for how to conduct the CNA with the Oversight and Advisory Committee. The CNA shall include a gap analysis comparing actual performance with potential or desired performance and an equity analysis of services and resources for Seniors, Adults with Disabilities, and their caregivers.
DAAS shall develop a set of equity metrics to be used to establish a baseline of existing services and resources for Seniors and Adults with Disabilities in low-income neighborhoods and disadvantaged communities, compared to services and resources available in the City as a whole. This equity analysis shall include an examination of eligibility for existing programs and will seek to provide more services and support for those low and modest income residents who are not currently eligible for assistance with home and community-based services.
The outreach for the CNA shall create opportunities for a robust cross-section of stakeholders, including Seniors, Adults with Disabilities, their caregivers, nonprofit agencies, and other members of the public, to provide input. By September 1, DAAS shall provide its plan for conducting the CNA to the Oversight and Advisory Committee, the Service Provider Working Group created in Section 16.128-11(e), the Disability and Aging Services Commission and the Board of Supervisors. The plan shall be a public document.
By March 1, DAAS shall complete a draft CNA and provide this draft to the Oversight and Advisory Committee and the Service Provider Working Group for review. DAAS shall also provide the draft CNA to interested City departments and commissions, including but not limited to the Disability and Aging Services Commission, the Mayor’s Office on Disability, the Long Term Care Coordinating Council, the Human Services Commission, the Health Commission, the Recreation and Park Commission, the Adult Probation Department, the Veterans Affairs Commission, the Commission on the Status of Women, the Police Commission, the Library Commission, and the Arts Commission. The CNA shall include an Executive Summary and clear description of the categories of services provided and unmet needs to be addressed.
By April 1, DAAS shall submit a final version of the CNA to the Disability and Aging Services Commission and the DAAS Advisory Council. The final version of the CNA may incorporate any comments or suggestions made by the Oversight and Advisory Committee, the public, or the agencies that received copies of the draft CNA. The Disability and Aging Services Commission and the Oversight and Advisory Committee shall hold a joint public hearing to review the CNA.
By May 1, the Disability and Aging Services Commission shall provide input on and approve or disapprove the CNA. If the Disability and Aging Services Commission disapproves the report, DAAS may modify and resubmit the report.
By June 1, the Board of Supervisors shall consider and approve or disapprove, or modify, the CNA. If the Board disapproves the CNA, DAAS may modify and resubmit the CNA, provided, however, that the City may not expend monies from the Fund until the Board of Supervisors has approved the CNA.
(c) Year 2 – Services and Allocation Plan. Beginning in fiscal year 2018-2019 and during every fourth fiscal year thereafter, DAAS, in consultation with the Oversight and Advisory Committee, shall prepare a Services and Allocation Plan (“SAP”) to determine services that will receive monies from the Fund. All services identified in Section 16.128-4 are potentially eligible to receive funding, but DAAS is not required to classify allocations according to the service categories in that section. DAAS shall use the following process to prepare the SAP:
(1) DAAS shall disseminate a draft SAP to interested City departments and commissions, including but not limited to the Disability and Aging Services Commission, the Mayor’s Office on Disability, the Long Term Care Coordinating Council, the Human Services Commission, the Health Commission, the Recreation and Park Commission, the Adult Probation Department, the Commission on the Status of Women, the Police Commission, the Library Commission, and the Arts Commission. In preparing the draft SAP, DAAS shall confer with the Department of Children, Youth and Their Families to coordinate funding for services for Transitional-Aged Youth, as defined in Charter Section 16.108(e), with Disabilities from both the Dignity Fund and the Children and Youth Fund.
The SAP must:
(A) Demonstrate consistency with the CNA and with Citywide vision and goals for the Fund;
(B) Include all services for Seniors and Adults with Disabilities to secure and utilize the services and support necessary to age with dignity in their own homes and communities;
(C) Be outcome-oriented and include goals and measurable and verifiable objectives and outcomes;
(D) Include capacity-building and evaluation of services as separate funding areas;
(E) State how services will be coordinated and have specific amounts allocated towards specific goals, service models, populations, and neighborhoods;
(F) Include funding for neighborhood-initiated projects totaling at least 3% of the total proposed expenditures from the Fund for the four-year planning cycle established in this Section 16.128-6;
(G) Include funding for pilot programs to develop and test new and innovative programs, in an amount not to exceed 3% of the total proposed expenditures from the Fund for the cycle;
(H) Include funding for an undesignated contingency reserve, in an amount not to exceed 2% of the total proposed expenditures from the Fund for the cycle;
(J) Include evaluation data from the previous funding cycle; and
(K) Incorporate strategies to coordinate and align services for Seniors and Adults with Disabilities funded by all governmental or private entities and administered by the City, whether or not those services are eligible to receive monies from the Fund.
(2) The SAP shall reference the gap analysis and equity analysis of services and resources for Seniors, Adults with Disabilities, and their caregivers included in the CNA. Using the equity metrics developed for preparation of the CNA, the SAP shall compare proposed new, augmented, and coordinated services and resources for low-income and moderate-income neighborhoods and disadvantaged communities with services and resources available to the City as a whole.
(3) Subject to the budgetary and fiscal provisions of the Charter, DAAS may contract with consultants and outside experts for such services as the Department may require to prepare the SAP, including the equity analysis of services and resources for Seniors, Adults with Disabilities, and their caregivers.
(4) The Board of Supervisors shall by ordinance outline the timeline for the development of the Services and Allocation Plan. Prior to completion of the first SAP and while the first planning cycle is in process, DAAS, in consultation with the Oversight and Advisory Committee, may expend monies from the Fund based on existing needs assessment analysis.
(d) Years 3 and 4 – Selection of Contractors. Beginning with Fiscal Years 2019-2020 and 2020-2021 and during every fourth fiscal year thereafter, DAAS shall conduct competitive solicitations for services to be funded from the Fund. Requests for proposals will be grouped by issue area and spread out on a schedule known in advance to provide for a smooth and efficient timeline. The Human Services Agency and the Department of Disability and Aging Services shall work together and manage resources so that the RFP process will keep to the schedule and contract awards will be made within a reasonable time.
(e) Years 3 and 4 – Service Cycle Begins. Contracts for services shall start on July 1, beginning with Fiscal Year 2019-2020. During subsequent years of the four-year planning cycle established in this Section 16.128-6, DAAS, with the consultation and input of the Oversight and Advisory Committee, may issue supplemental competitive solicitations to address amendments to the SAP and emerging needs.
(f) DAAS may recommend, and the Oversight and Advisory Committee and the Board of Supervisors may approve, changes to the due dates and timelines provided in this Section 16.128-6. The Board of Supervisors shall approve such changes by ordinance.
(Added by Proposition I, Approved 11/8/2016; Amended by Proposition B, Approved 11/5/2019)
DAAS shall provide for the evaluation on a regular basis of all services funded through the Fund, and shall prepare on a regular basis an Evaluation and Data Report for the Oversight and Advisory Committee. Subject to the budgetary and fiscal provisions of the Charter, DAAS may contract with consultants and outside experts for such services as the Department may require to conduct such evaluations and to prepare the Evaluation and Data Report. This evaluation process is intended to be reasonable in scope and to build on and strengthen existing program evaluations.
(Added by Proposition I, Approved 11/8/2016)
The Oversight and Advisory Committee shall recommend standards and procedures for the selection of contractors to be funded from the Fund. It shall be the policy of the City to use competitive solicitation processes where appropriate and to give priority to the participation of non-profit agencies.
(Added by Proposition I, Approved 11/8/2016)
(Added by Proposition I, Approved 11/8/2016)
No appropriation, contract, or other action shall be held invalid or set aside by reason of any error, including without limitation any irregularity, informality, neglect, or omission, in carrying out procedures specified in Sections 16.128-1 through 16.128-12, unless a court finds that the party challenging the action suffered substantial injury from the error and that a different result would have been probable had the error not occurred.
(Added by Proposition I, Approved 11/8/2016)
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