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The City shall only use monies from the Fund for the following categories of services and purposes, to benefit Seniors and Adults with Disabilities:
(a) Home and Community Based Long Term Care and Support: Home care, adult day health care, adult social day care, IHSS emergency homecare, short term interim housing options, housing stabilization and support services, respite care, transitional housing for those leaving institutional care, related transportation (not already mandated or funded), accessible transportation programs, and other similar services funded through the City’s Disability and Aging Services Community Living Fund, or any successor legislation.
(b) Food and Nutrition Programs: Nutrition programs, including group meals, home-delivered meals, home-delivered groceries, food stamps outreach, and related education and outreach programs such as chronic disease self-management programs.
(c) Consumer and Caregiver Education, Empowerment, and Support: Programs including computers and digital learning, peer support programs, employment and training programs not otherwise mandated, senior companions, information and assistance programs, health insurance counseling and advocacy counseling, service connection programs, including resource centers supporting those with Alzheimer’s disease and dementia, and family caregiver support programs.
(d) Senior/Disabled Community and Service Centers: Programs including senior centers, neighborhood-based village projects and similar programs, case management and care coordination, housing-based service connection programs, and other community-building activities that lead to more aging- and disability-friendly neighborhoods.
(e) Empowerment, Self-Advocacy and Legal Services Programs: Programs including benefits counseling and advocacy, eviction prevention, housing advocacy, long term care consumer rights, ombudsman programs, naturalization services, legal services and support, and IHSS/Supplemental Security Income (“SSI”)/Medi-Cal advocacy, including strengthening share of cost options.
(f) Health and Wellness Promotion: Programs including abuse and fraud prevention, grief counseling and suicide prevention, telephone reassurance, medication management, money management, and behavioral health not otherwise funded or mandated, health promotion and screening, and other activities that promote well-being and decrease social isolation.
(g) Targeted Services: Outreach, planning and targeted services and support to LGBT seniors, veterans, ethnic communities, people with disabilities and chronic conditions, their caregivers and other high-need groups as strong and integrated components of the service categories above.
(h) Funding for the Department of Disability and Aging Services to staff the Oversight and Advisory Committee created in Section 16.128-11 (“Oversight and Advisory Committee”), and to support planning and evaluation processes, and facilitate funding allocation;
(i) Administration of the Fund and evaluation of Fund goals and services;
(j) Technical assistance and capacity-building for service providers and community-based partners; and,
(k) Services that supplement, expand, or enhance existing programs for Seniors or Adults with Disabilities.
(Added by Proposition I, Approved 11/8/2016; Amended by Proposition B, Approved 11/5/2019)
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)
(a) Creation. There shall be a Dignity Fund Oversight and Advisory Committee (“Oversight and Advisory Committee”) to monitor and participate in the administration of the Dignity Fund as provided in Charter Sections 16.128-1 et seq., and to take steps to ensure that the Fund is administered in a manner accountable to the community.
(b) Responsibilities.
(1) The Oversight and Advisory Committee shall develop recommendations for DAAS and the Fund regarding outcomes for services to Seniors and Adults with Disabilities, the evaluation of services, common data systems, a process for making funding decisions, program improvement and capacity-building of service providers, community engagement in planning and evaluating services, leveraging dollars of the Fund, and the use of the Fund as a catalyst for innovation. The Oversight and Advisory Committee shall promote and facilitate transparency and accountability in the administration of the Fund and in the planning and allocation process.
(2) As provided in Section 16.128-6, the Oversight and Advisory Committee shall provide input into the planning process for the Community Needs Assessment (“CNA”) and the final CNA, the Services and Allocation Plan, and the over-all spending plan for the Fund to be presented to the Disability and Aging Services Commission, and shall review the annual Data and Evaluation Report. Nothing in this Section 16.128-11 shall limit the authority of the Mayor and the Board of Supervisors to propose, amend, and adopt a budget under Article IX of the Charter.
(3) The Oversight and Advisory Committee shall establish and maintain a Service Provider Working Group as provided in subsection (e).
(4) The Oversight and Advisory Committee shall meet at least six times a year.
(c) Composition. The Oversight and Advisory Committee shall have 11 members. The Disability and Aging Services Commission shall appoint two of its members to the Oversight and Advisory Committee. The Advisory Council to the Department of Disability and Aging Services shall appoint three of its members to the Oversight and Advisory Committee. And the Long Term Care Council shall appoint three of its members to the Oversight and Advisory Committee. The Mayor shall appoint the remaining three at-large members of the Oversight and Advisory Committee, subject to rejection by the Board of Supervisors within 30 days following transmittal of the Notice of Appointment.
The appointing authorities shall appoint the initial members by February 1, 2017. The terms of the initial appointees to the Committee shall commence on the date of the first meeting of the Committee, which may occur when at least eight members have been appointed and are present.
(d) Implementation. The Board of Supervisors shall further provide by ordinance for the membership, structure, functions, appointment criteria, terms, and administrative and clerical support of the Oversight and Advisory Committee. The Board of Supervisors shall adopt such legislation to be effective by January 1, 2017.
(e) Service Provider Working Group. The Oversight and Advisory Committee shall create a Service Provider Working Group (“Working Group”) to advise the Oversight and Advisory Committee on funding priorities, policy development, the planning cycle, evaluation design and plans, and any other issues of concern to the Working Group related to the Fund or the responsibilities of DAAS or other departments receiving monies from the Fund. The Working Group shall engage a broad cross-section of service providers in providing information, education, and consultation to the Oversight and Advisory Committee. All members of the Working Group shall be actively providing services to Seniors, Adults with Disabilities, and their caregivers. DAAS staff shall provide administrative and clerical support to the Working Group. The Working Group shall meet at least four times a year. The Oversight and Advisory Committee shall appoint two initial co-chairs of the Working Group, who shall be responsible for developing the structure of the Working Group and facilitating the meetings. After the terms of the initial co-chairs expire, the Working Group shall select its own chairs. Working Group meetings shall be open to the public and encourage widespread participation.
(Added by Proposition I, Approved 11/8/2016; Amended by Proposition B, Approved 11/5/2019)
(a) The City Attorney shall cause all references in the Municipal Code to the Aging and Adult Services Commission, the Department of Aging and Adult Services, and the Aging and Adult Services Community Living Fund to be amended to refer to the Disability and Aging Services Commission, the Department of Disability and Aging Services, and the Disability and Aging Services Community Living Fund, respectively.
(b) Upon completion of the amendments required by subsection (a), the City Attorney shall cause this Section 16.128-13 to be removed from the Charter.
(Added by Proposition B, Approved 11/5/2019)
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