REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
January 14, 2025
FROM
SHARON NEVINS, Director, Department of Aging and Adult Services-Public Guardian
SUBJECT
Title
Approve Non-Financial Contract with Riverside County Department of Public Social Services Adult Protective Services Program for Courtesy Investigations
End
RECOMMENDATION(S)
Recommendation
Approve non-financial Contract, including non-standard terms, with Riverside County Department of Public Social Services, Adult Services Division, Adult Protective Services Program for mutual courtesy investigations of elder and dependent adult abuse referrals in situations involving a potential conflict of interest, offering best practices and ensuring compliance with mandated reporter laws, for the period of October 1, 2024 through September 30, 2029.
(Presenter: Sharon Nevins, Director, 891-3917)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
The recommended Contract is nonfinancial in nature and as such, does not impact Discretionary General Funding (Net County Cost). Any request for compensation for services provided through this Contract shall be mutually agreed upon in writing by the Directors of the Department of Aging and Adult Services-Public Guardian (DAAS-PG) and Riverside County Department of Public Social Services (DPSS) through a separate agreement.
BACKGROUND INFORMATION
DAAS-PG has contracted with DPSS since 2018 to provide each other with courtesy investigations for Adult Protective Services referrals where a potential conflict of interest exists.
Courtesy investigations refer to an investigation of an adult abuse or neglect reported by one county on behalf of another county. Conflict of interest refers to allegations of elder or dependent adult abuse or neglect against certain categories of persons identified by each county within their internal policies, including certain county employees, relatives of any county employees, or high-profile individuals.
Populations served are elderly adults that are age 60 and older residing in the jurisdiction of the requesting or assisting county in this Contract, or dependent adults between the ages of 18 and 59 years who have physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights, including, but not limited to persons who have physical or developmental disabilities or whose physical or mental abilities have diminished due to age.
The Contract identifies the responsibilities of each county when serving in the role of the requesting or assisting county when the need for a courtesy investigation is identified by either county and the assisting county agrees to investigate.
The Contract with DPSS includes terms that differ from the standard County contract terms. The nonstandard term includes the following:
1. DPSS requires the County to defend, indemnify and hold one another harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims for injury or damages arising from the performance of this contract, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the indemnify party, its officers, agents, students, or employees.
• The County standard contract indemnity provision requires the other party to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law.
• Potential Impact: In the event of a lawsuit concerning courtesy investigations, DPSS will not be obligated to defend the County. Further, should a lawsuit be filed concerning courtesy investigations and DPSS is named as a party, the County will be required to indemnify and defend them.
DAAS-PG recommends approval of the Contract, including non-standard terms, which will allow each County to continue serving in the role of the requesting county or assisting county when a courtesy investigation in elder or dependent adult abuse or neglect is identified by either county in order to protect the welfare of an elder or dependent adult who is endangered, pursuant to Welfare and Institutions Code 15600, subdivision(i).
Due to extended negotiations, the final recommended Contract was received on December 30, 2024, and is being presented at the first available date following the required fiscal, administrative, and legal reviews. DAAS-PG and DPSS have continued to honor the terms of the existing contract to avoid disruption to services. The new contract term will be October 1, 2024 through September 30, 2029. A start date of October 1, 2024 will meet continuity from the previous agreement expiration date of September 30, 2024.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by Human Service Contracts (Patty Steven, Contracts Manager, 388-0241) on October 16, 2024; County Counsel (Jacqueline Carey-Wilson, Deputy County Counsel, 387-5455) on December 13, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst II, 386-9008) on November 12, 2024; Finance (John Hallen, Administrative Analyst, 388-0208) on December 19, 2024; and County Finance and Administration (Cheryl Adams, Deputy Executive Officer, 388-0238) on December 19, 2024.