HomeMy WebLinkAboutContracts & Agreements_8-03_CCv0001.pdf INDEPENDENT CONTRACTOR AGREEMENT
This Agreement is made and entered into this 21st day of January, 2003 by and
between the City of Redlands, a municipal corporation (hereinafter "City") and
Developing Aging Solutions with Heart, Inc., (DASH, Inc.) (hereinafter"Contractor").
RECITALS
WHEREAS, Contractor has expressed an interest in providing geriatric care
management services, including counseling, educational assistance, and access to
community resources for both dependent adults with Alzheimers and their caregivers;
WHEREAS, Contractor has represented to City that it has the requisite
experience, special knowledge and expertise similar to others in the industry conducting
these services;
NOW, THEREFORE, in consideration of the mutual promises contained herein,
the City and Contractor hereby agree as follows:
AGREEMENT
Section 1. Services.
A. City hereby authorizes Contractor to provide geriatric care management
services including counseling, educational assistance, and access to
community resources for both dependent adults with Alzheimers and their
caregivers;
B. Contractor shall determine the method, details and means of performing the
above-described services and shall advise City of the same prior to
commencing any activities under this Agreement. Contractor further agrees to
perform such services to the best of its ability and in an efficient, safe and
competent manner.
C. As compensation for conducting these services, City shall reimburse
Contractor for services necessary to implement this program. Federal, State,
County and City rules and regulations will apply. Compensation shall not
exceed$3,500.00.
D. Contractor shall submit to City a complete record of the services performed,
including, but not limited to: copies of invoices, agreements, payroll expenses,
administrative records, advertisements, and backup materials. A detailed
account of the services performed, person(s) performing services and cost
breakdown shall also be provided to the City. Administration and personnel
records shall be available for examination by the City.
E. Contractor shall submit to City with each request for reimbursement
documentation in compliance with the requirements listed in 24 CFR 570.503
including: Agreements with Subrecipients; Statement of Work, Records and
Reports-, Program Income; Uniform Administrative Requirements-, Other
Program Requirements-, Conditions for Religious Organizations; Suspension
and Termination; Reversion of Assets.
F. Monthly Program Progress/Direct Benefit Reports are to be submitted to the
City of Redlands every month for each month that CDBG reimbursement is
requested. The City of Redlands will then forward this document to the
County Department of Economic and Community Development.
G. Contractor will submit all final claims for reimbursement to City not later than
June 30, 2003.
H. The City of Redlands will submit a final Request for Reimbursement for the
program year no later than July 21, 2003. After July 31, 2003, any balance
remaining in this account will be reprogrammed.
Section 2. Independent Contractor. It is the express intention of the parties hereto
that Contractor is an independent contractor and not an employee or agent of City.
Nothing in this Agreement shall be interpreted or construed as creating or
establishing a relationship of employer and employee between Contractor and
City. Both parties acknowledge that Contractor is not an employee for State tax,
Federal tax or any other purpose.
Section 3. Contractor's Employees. A listing of all Contractor's employees and
agents who may participate in the performance of Contractor's obligations
hereunder is attached hereto as Exhibit "A" and incorporated herein by this
reference. No other employees or agents of Contractor shall participate in the
performance of services hereunder without the prior written consent of City.
Section 4. Termination. City shall have the right to terminate this Agreement,
with or without cause, upon twenty (201 day's prior written notice to Contractor.
City shall have no liability for any claims or damages resulting to Contractor as a
result of any exercise by City of its right to terminate this Agreement.
Section 5. Indemnity. Contractor shall defend, indemnify and hold City, its
elected officials, officers, employees and agents harmless from and against any
and all actions, damages, losses, causes of action and liability imposed or claimed
relating to the injury or death of any person or damage to any property, including
attorney's fees and other legal expenses, arising directly or indirectly from any act
or omission of Contractor in performing its services hereunder.
Section 6. Insurance.
A. General Liability Insurance
Contractor shall secure and maintain in force throughout the duration of the
Agreement comprehensive general liability insurance covering all activities
developed and conducted by Contractor under this Agreement, with carriers
acceptable to City. Minimum coverage of one million dollars ($1,000,000) per
occurrence and two million dollars ($2,000,000) aggregate for public liability,
property damage and personal injury is required. City shall be named as an
additional insured and the insurance policy shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to the
City. Such insurance shall be primary and non-contributing to any insurance or
self-insurance maintained by City. Certificates of insurance and endorsements
shall be delivered to City within fifteen (15) days of execution of this Agreement,
or prior to commencement of work, whichever occurs first.
B. Workers' Compensation and Employer's Liability
Contractor shall have Workers' Compensation and Employer's Liability insurance
in force throughout the duration of the Agreement in an amount which meets the
statutory requirement with an insurance carrier acceptable to City. Such
insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City. The insurance policy shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to
City. Certificates of Insurance shall be delivered to City within fifteen (15) days
of execution of Agreement, or prior to commencement of work, whichever occurs
first.
Section 7. Entire Agreement/Modification. This Agreement represents the entire
Agreement of the parties hereto as to the matters contained herein. Any
modification of this Agreement will be effective only if it is in writing and signed
by the parties hereto.
Section 8. Assignment. This Agreement shall not be assigned without the prior
written consent of City. Any assignment, or attempted assignment, without such
prior consent, shall be null and void and, at the option of City, result in the
immediate termination of this Agreement.
Section 9. Attorney's Fees, In the event any action is commenced to enforce or
interpret the terms or conditions of this Agreement, the prevailing party shall, in
addition to any costs or other relief, be entitled to recover its reasonable attorneys'
fees.
Executed this 21st day of January 2003.
CITE' OF REDLANDS
Date: January 21, 2003
Karl N. Haws, Mayor
ATTEST:
fl
L e Poyzer, i C erk
DEVELOPING AGING SOLUTIONS WITH HEART, INC.
�•` Date:
EXHIBIT "A"
Developing Aging Solutions with Heart, INC. (DASH)
Staff and Volunteer Implementing Geriatric Care Management
and Counseling Program
Vicky I... Dickinson,
Co-Founder of Developing Aging Solutions with Heart, Inc- ("DASH) in 1983
Position: Executive Director/Social Worker,
Holds a Masters Degree in Social Work, with Honors-, Mental Health Track;
Associate Clinical Social Worker;
Publications Research and Model Development included in the Social fVOrk
JM4177141: Monograph contribution for the New York State Developmental Disabilities
Council, discussing the need for integration of developmentally disabled elders into
community Senior programs;
Mpiomatot the American Psychotherapy Association
Nationally Certified Activity Consultant of the National Certification- Council for
Activitv Professionals-, Certified Instructor to provide Contmu;nu t"ducation Credits;
+ Instructorsince 1994, of the core courses for "Gerontology Certificate Program-
,
University of California-Riverside Campus, Extension Program, for Adult Learners;
v*• Clinical SupeRisor: for interns from Loma Linda University: University of Redlands;
Faculty Position: 1994-1995. Loma Linda University School of Medicine: Geriatric
Assessment Center with Dr, Frank Randolph;
❖ General Dynamics Corporation: 1990-1992 In collaboration ion between DASH
developed a six week training series entitled, "Caregiving at the Workplace': Facilitated
two support groups each month; and created an on site library,
*+*+ American Baptist Homes of the West-Developed a 40-hour training program on
behalf'of Plymouth Village-Trained new staffon the model (rzvcle(ll aw Life Resolution;
VISTA Alumni (Volunteers in Service To America)-Service I 9721-Kentwav
Retirement Center, Kent, Ohio. Position" Volunteer;
+'+* State Certified Administrator for 'Residential Care Facilities for The Elderly'(RCFE);
Other Work Experience" Thirty years of experience working In the field of aging and
adult services. Mental Health: Day TreatmentPsychiatric Hospitals; Communitv,
Metital I lealth, Veteran's Prograrris-Ex-Prisoner's, Of War. Senior Specific
Residential Care Facilities.- I)av Treatment- Adult Daycare, Coinill Lill itv services.
p-evelopipentally I)Isable& Adult Residential Care and Special 0brnpIcs
Volunteer Trainer: Larraine Townend, Clinical Hypnotherapist
Co-Founder of Developing Aging Solutions with Heart, Inc. (DASH), in 1983
Position: Past Executive Director/Caregiver Advocate.
Holds a license to practice Clinical Hypnotherapy;
Facilitator for DASH'S weekly caregiver support group, since 1984- The longest
I
running weekly support group in the Inland Empire, The only caregiver support group
with the same facilitator for the past seventeen years,
-:.'- Collaborated with Inland Caregivers Resource Center (ICRC) in writing an Attendant
Training Manual and Training Program provided to attendants,
General Dynamics Corporation: 1990-1992 In collaboration between DASH
developed a six week training series entitled, 'Caregiving at The Workplace , facilitated
two support groups each month- and created an on site library;
Basic Education Course for Activity Professionals-, Developed and provided specific
training modules related to caregiving issues and spirituality-, Certified Activity
Director-,
• American Baptist Homes of The West: Developed a 40-hour training program on
behalf of Plymouth Village-Trained new staff to learn Guided Late Lith Resolution,-
Human Relations Commissioner-City of Redlands, Three Years of Voluntary Service',
Creation of the model known as 'Cuide(I Late Life 1?csolulmn ' used by DASH
Creation of model, known as *(Jianging.` vmhols', creative, spiritual and
existential type activities designed to promote change in healthy individuals-
Other Work Fxperictice Forty years of experience v,'orklrig in the field of aging and
adult services-, Mental Health: Women's Support Group,- psy=chiatric hospital and day
treatment-developed therapeutic programs for mentally ill elderly and adults, such as
creative writing and journaling; relaxation and stress management" guided imagery, and
movement therapy-- Battered Women and Children: Created a shelter for battered women
and children in the late 1970's and Senior Specific: Adult Dayeare; Residential Care
Facilities for the Elderly-, Caregiver Advocate, Support Group Facilitator-, Classes on
`Caregiving and Spirituality"; Free-Lance Writer.
Developing Aging Solutions with Heart, Inc. (DASH)
Proposed Service Cate oriel: Goals/Objectives/Plans
Category of Service: Access
(a) (lase Management-Unit of Measure- I Hour Cost: $40. 00 hourly
Program GoaL DASH will provide sixt% units of'service to thirty different
caregivers in the form of access and care coordination to caregivers experiencing
diminished functioning capacity. Caregivers will improve their 'role' of carrying out
tasks and responsibilities.
Caregivers requiring the provision of case management services, by formal
care providers, will be identified and tracked (MIS) through the use of the agencies
'Initial Contact and Follow-Up Screening Tool'. Referrals may be made for service by
the caregivers, family members, or community agencies by means of DASH'S 'outreach'
and 'partnership' activities. DASH will use its -Care Management Procedure Manual',
developed in 1994 by the co-founders, as the guiding framework in the provision of
this direct service to consumers.
Case_Mana��eaienl Objectives
Ob ective :� I : The caregiver will improve his sense of a more whole and
balanced 'self. They will improve their skills and functional capacity with regards to
their 'role as caregiver' as evidence by increased success in coping and problem solving
capabilities.
Objectrye �_2-, The caregiver will function at his previous level of
functioning as evidenced bv, his increased feelings of hope., meaning, an In
I-.) - t�, d purpose
hisiber 'role as caregiver'.
rLqnsfior 1177vicin"'Illation oC�ase M�qnq e�tnenl Service:-1—cc: *'The Social
Worker and Care Management Manager will provide comprehensive and wholistic
assessments of caregiver needs Including those of their dependent elder, *Immediate
,ivers in crisis situations identified s of
'It be dentt ied through the procc,,,.
assistance will - p%en t�) cLireL
'
assessment- *'The tN,,o staft'will provide 24 hour on-call services available seven dans a
week-, *Coordinated care planning, voth formal providers;*11111)lciiietitation oftll-
treatment plan to meet the caregivers needs and strengths-,*Provision and or linkage to
resources as determined hv the OF100ing assessment, reassessment, and care plan review.
*Evaluation and re-evaluation of the effectiveness of the care plan in meeting caregivers
goals, as needed, and a least once monthly. *Discharge planning and follow-up services
for a minimum of thirty days and a maximum of ninety days per DASH'S Standards of
ed at DASH'S corporate off-ice or by home visits.
Practice, *This service vv� 11 be provi
Category of Service: Caregiver Support
(a) Counseling- "CrisisStabilization" Unit of Measure- I Flour Cost $40 . 00 hour
Program Goal : DASH will provide sixty hours of supportive counseling
to thirty caregivers experiencing a crisis situation as a result of the ambifmous nature of
their `careglving role'. Trained social workers and other professionals IVIVIIII enable the
caregiver to make more effective use of existing community resources and services, to
address her needs. Counseling is limited to no more than three formal visits and is for
-11
the purpose of crisis intervention and caregiver stabilization. Arrangements will be made
providers. 'or to discharge,
with community counseling provi pri I when required Caregivers
may also have a need for case management services, adult daycare, and support group to
further assist them during this crisis period.
Counseling is designed to give caregivers the opportunity to discuss their
feelings about their "role as caregiver' in a confidential environment characterized by a
trusting and accepting relationship with the counselor for the purpose of ameliorating
their identified problems. Caregi\crs assessed by the social worker as being
overwhelmed, identified as SLO'I'MIWI froni >e%ere stress or other problems associated
with despair will receive Supportive COUTISCling, if they expressly wish to participate.
Crisis situations W1111 be assessed immediately for necessary intervention. The Social
Worker and Case Management Manager will provide 24 hours of on-call services
seven days each week. Caregiver participation, of course, is strictly voluntary and
confidential. Participants will be tracked, through the use of the agencies Initial Intake
and Follow-up Screening Tool, (MIS). Follow-up services are provided for a minimum
of thirty-days and a maximum of ninety-days, as is DASH'S standard of practice.
Counseling Objectives
Objective # 1: Participating caregivers will increase their coping strategies to
become better equipped to more effectively meet the demands of the 'Role of
Caregiver`.
Obiective 9 2: Participating caregivers will actively identify their feelings of
despair,defined as a sense of, or lack of the sense of`self', purpose, and meaning to their
role of caregiver', Caregivers will begin to demonstrate a willingness to increase their
awareness about their potential for personal growth, purpose and meaning.
Objective it' 3: Participating caregivers will identify goals, problem areas, that
they feel are adding to their current crisis situation, such as depression, -worry, stress of
managing multiple priorities, needing time off, etc., as significant improvement in these
areas is vital to continued caregiver stabilization.Z�