CC Resolution 1986-088^!4 /OfZ7I?* b.C.
AGENDAITEM#
LjAPPROVED oDENlED
oCONTINUED TO
RESOLUTION NO.86-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA *UINTA, CALIFORNIA, APPROVING A TITLE Ill-B
SUPPORTIVE SERVICES AGREEMENT WITH THE RIVERSIDE
COUNTY OFFICE ON AGING.
WHEREAS, the City of La Quinta, hereinafter referred to as
City" and the Riverside County Office on Aging, hereinafter referred
to as County" are desirous of entering into an agreement to provide
for assistance to local agencies to develop supportive services to
meet the needs of older persons; and
WHEREAS, The Older Americans Act of 1965, as amended 42 United
States Code 3030d) provides for said assistance; and
WHEREAS, it shall be the purpose of the parties to this
agreement to make certain supportive services available to older
persons within the Program Area and City of La Quinta; and
WHEREAS, City shall assume responsibility for providing certain
supportive services for older persons through an Agreement, the term
of which commences July 1, 1986, and terminates June 30, 1987, hereby
attached as Exhibit A".
NOW, THEREFORE, BE IT RESOLVED to approve an Agreement between
the City of La Quinta and Riverside County Office on Aging for a
Title Ill-B Supportive Services Agreement, attached as Exhibit A"
BE IT FURTHER RESOLVED that the City Manager is authorized to
execute the Agreement on behalf of the City.
APPROVED and ADOPTED this 27th day of October, 1986.
ST:
CITY MANAGER/CLERK
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^!4 1 AGREEMENT FOR OLDER AMERICAN FUNDS
2 THIS AGREEMENT is made this day of
19 by and between COUNTY O* RIVERSIDE by and through its
3 Office on Aging, herein called COUNTY,"
4 and* CITY OF LA QUINTA
5 hereinafter called Recipient."
6 1. RECITALS.
7 The Older Americans Act of 1965, as amended 42
United States Code 3030d) provides for assistance to state and
8 local agencies to develop supportive services to meet the needs of
9 older persons.
The State of California has established the
10 Department of Aging to administer allotted funds and has
11 designated County as an Area Agency on Aging for the purpose of
administering a certain portion of said funds pursuant to said
12 Act; and for the purpose of planning and coordinating service
programs and activities for older persons.
13 2. DEFINITIONS.
14 A. Act" means the Older Americans Act of 1965, as
15 amended, as set forth in 42 United States Code 3030d
Subchapter III, Grants for State and Community Programs on
16 Aging, Part B Supportive Services).
17 B. Program Area" means the County of Riverside.
18 C. Regulations" means the rules and regulations
issued under the authority of the Act by the Department of
Health and Human Services, set forth in Title 45 Code of
19 Federal Regulations, Public Welfare, Subtitle A, Part 74
Administration of Grants) and Subtitle B, Chapter XIII,
20 Subchapter C, Part 1321 Grants for State and Community
21 Programs on Aging).
22 3. PURPOSE. It shall be the purpose of the parties to
this Agreement to make certain supportive services available to
23 older persons who reside in the Program Area. By way of
contribution, County and Recipient shall provide funds as shown in
24 E*hibit A", attached hereto and by this reference made a part of
Agreement, and Recipient shall render services as provided in
25 Paragraph 5 herein.
26 4. LEASING OF VEHICLES.
A. County hereby leases 0 vehicle(s),
27 hereinafter described, to Recipient for the term of this
28 Agreement, unless sooner terminated as provided in Paragraph
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^!4 7 herein. Said vehicles shall be used and operated solely in
1 conjunction with the services to be performed by Recipient as
2 provided in Paragraph 5 herein.
3 B. Said vehicles are described as follows: N/A
4 C. Recipient shall be responsible for and shall pay
all charges for the operation, maintenance and repair of said
5 vehicles and shall make any and all repairs and supply any
and all parts and accessories, and otherwise maintain and
6 operate said vehicles in proper condition and good running
order. At the termination of this Agreement, said vehicles
7 shall be returned to County forthwith in as good condition as
when received by Recipient, reasonable wear and tear alone
8 excepted.
9 D. Recipient shall be liable to County for any and all
10 damage or depreciation caused by accident, negligence, fire,
the elements or other casualty, or by failure or neglect to
11 care for or make repairs to said vehicles as may be required
or needed.
E. In addition to the insurance as required in
13 Paragraph 23 herein, Recipient shall procure and maintain
during the term of this Agreement, automobile collision and
14 comprehensive insurance, with loss payable to County, to
cover any and all physical damages, losses or destruction of
15 said vehicles, in such amounts as County may require.
Recipient shall furnish County with certificate(s) of
insurance to demonstrate that Recipient has procured such
16 insurance, and said certificate(s) shall contain the covenant
of the insurance carrier that thirty 30) days written notice
17 shall be given to County prior to modification, cancellation
18 or reduction in coverage of such insurance.
19 5. SCOPE OF SERVICES. Recipient, assuming responsibility
for providing certain supportive services for older persons, shall
20 perform such services as set forth in Exhibit *D", attached hereto
and by this reference made a part of this Agreement, and in the
21 manner provided therein, and in full conformity with the Act and
22 *
23 *
24 *
25 *
26 *
27* *
28 *
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^!4 the Regulations, and the interpretations thereof as delineated in
1 the Title Ill-Program Manual published by the Department of Aging,
2 State of California.
3 6. TERM. The term of this Agreement shall be for a
period commencing July 1, 1986 and terminating June 30,
4 1987, unless sooner terminated as provided in Paragraph 7 herein.
5 7. TERMINATION.
A. Either party may terminate this Agreement upon
6 thirty 30) days written notice to the other party.
7 B. Notwithstanding provisions of Paragraph 7A herein,
County may suspend or terminate this Agreement or reduce the
8 payment of funds hereunder upon written notice to Recipient
9 of the action being taken and the reason for such action):
10 1) In the event Recipient fails to perform the
covenants herein contained at such times and in such
11 manner as provided in this Agreement; or
2) In the event there is a conflict with
any federal, state or local law, ordinance, regulation
or rule rendering any of the provisions of this
13 Agreement invalid or untenable; or
14 3) In the event the funding from the
15 Department of Aging of the State of California, referred
to in the Recitals herein is terminated or otherwise
16 becomes unavailable, in whole or in part.
8. EXCUSE FROM PERFORMANCE. Upon written request to
17 County, Recipient may be excused from performance of its
18 obligations hereunder for any period of time attributable to delay
caused by inclement weather, earthquake, fire, flood, cloudburst,
19 cyclone or other natural phenomenon of a severe and unusual
nature, act of the public enemy, epidemic, quarantine restriction,
20 freight embargo, strike or labor dispute, or any other
un*oreseeable cause beyond the control and without the fault of
Recipient; provided, however, that Recipient shall not suspend or
21 terminate the performance of its services hereunder until receipt
o* written approval by County, and such termination or suspension
22 shall be in accordance with instructions and procedures as set
23 forth in such notice of approval.
9. D*UMBNTATJON** REPORTS, INSPECTIONS AND PERFORMANCE
24 EVALUATION.
25' A. DOCUMENTATIONS OF EXPENDITURES. All
expenditures supported by properly executed payrolls, time
26 records, invoices, contracts, vouchers, arid orders, and an':
other accounting documents pertaining in whole or in part to
27 this Agreement shall be clearly identified and readily
28 accessible, and such documents shall be maintained in
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^!4 accordance with the Accounting Manual for Sub-Contractors on
1 file with County's Office on Aging and by this reference made
a part of this Agreement; provided, however, in the event of
2 conflict as between the provisions of this Agreement and the
3 Accounting Manual for Sub-Contractors, the provisions of this
Agreement shall control. Recipient shall maintain and keep
available all such documents for a period of not less than
4 four(4) years from the termination of this Agreement if a
County, state or federal audit has occurred and for a period
5 of not less than five 5) years from said date if such audit
6 has not occurred. In the event of audit exception, such
documents shall be maintained until every exception has been
7 cleared to the satisfaction of County.
8 B. REPORTS. Recipient, at such times and in such
forms as County may require, shall furnish County such
9 statements, records, reports, data and information as County
may request pertaining to its performance of services
10 hereunder and other matters covered by this Agreement.
11 C. INSPECTIONS. Recipient shall make available to
County, state or federal officials its records and data with
respect to all matters covered by this Agreement for
12 inspection and audit, which inspection and audit may be made
at any time during normal business hours after reasonable
13 notice.
14' D. PERFORMANCE EVALUATION. Recipient shall permit
County, state or federal officials to monitor, assess or
151 evaluate Recipient's performance under this Agreement on at
least a quarterly basis, said monitoring, assessment or
16 evaluation to include, but not be limited to, audits,
inspections of premises within the Program Area and
17 interviews with Recipient's employees, agents, independent
contractors and sub-contractors providing the services under
18 this Agreement and recipients thereof.
19 10. AUDIT. Upon request from County to do so, Recipient
shall perform an audit, and submit a report thereon, which shall
20 be satisfactory to the Auditor-Controller of County. In the event
of an audit exception, all documents referred to in Paragraph 9A
21 shall be maintained and kept available until every exception has
22 been cleared to the satisfaction of County.
23 * ACQUISITION OF REAL PROPERTY AND IMPROVEMENTS.
Recipient shall not use funds referred to in Paragraph 3 herein
for the purpose of acquisition of real property or the
24 construction of improvements thereon.
25: 12. ACQUISITION OF PERSONAL_PROPERTY. All equipment,
materials, supplies or personal property of any kind purchased
261 with funds referred to in Paragraph 3 herein and not fully
consumed or expended prior to the termination of this Agreement,
27 shall be the property of County. All such personal property shall
28 be purchased in accordance with the standards and gu*delines for
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^!4 1 procurement as provided in Part 74, Subpart P Appendix G or *, as
app*icable to *ecipient) of the Regulations and with the
allocations set forth in Exhibit A" to this Agreement and
2 Recipient shall maintain an inventory of all such personal
3 property. Final Disposition of such personal property shall be in
accordance with instructions from County. Notwithstanding the
provisions of Paragraph 9A herein, all documents pertaining to
4 such personal property, not fully consumed or expended prior to
the termination of this Agreement, shall be retained for five 5)
5 years after such final disposition. The provisions of this
Paragraph 12 shall not apply to personal property purchased
6 exclusively with Recipient1s funds.
13. EQUIPMENT PROVIDED BY COUNTY. All equipment provided by
County as shown in Exhibit A" to this Agreement shall remain
8 County property. Recipient shall maintain an inventory of all
such equipment. Final disposition of such equipment shall be in
9 accordance with instructions from County.
10 14. COPYRIGHTS AND RIGHTS IN DATA. Except as otherwise
provided in this Agreement, Recipient shall not publish or
transfer any material produced or resulting from activities
12 supported by this Agreement without the express written consent of
the Director of the Department of Aging of the State of
California. If any such material is subject to copyright, the
13 parties hereto understand and hereby agree that the right to
14' copyright such material is expressly reserved to the State of
California and Recipient hereby agrees not to copyright any such
material. If any such material is copyrighted, the parties hereto
15 understand and hereby agree that the State of California reserves
a royalty-free, nonexclusive, and irrevocable license to
16 reproduce, publish, and use such material, in whole or in part,
and to authorize others to do so, provided written credit is given
17 the author.
18 15. PAYMENT OF FUNDS. Payment of funds to Recipient
relative to conducting the operations of the activities and
19 services described in Paragraph 5 herein shall be carried out as a
20 budgeted expense not to exceed the approved fund, designated as
the County contribution, as shown in Exhibit A" to this
21 Agreement, or the sum of seven thousand one hundred seven dollars
S7,107), whichever is less, and shall be made on the following
b*Ths:
22
A. Payments shall be made in monthly increments upon
23 receipt of a request each month from Recipient for payment,
24 *nd such monthly payments shall be made on the basis of
Recipient1s cash requirements and cash balance on hand. The
initial request and payment thereon may be greater than a pro
25 rata amount to accommodate start-up costs if such request is
properly documented and otherwise acceptable to County;
26 provided, however, that prior to the initial payment of funds
to Recipient by County, Recipient shall provide
27 certificate(s) of insurance to County, as required in
28 Paragraph 23C of this Agreer*ent.
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^!4 B. In no event shall County be liable hereunder or for
1 expenses incurred by Recipient in excess of the sum of
2 seven thousand one hundred seven dollars $7,107).
C. Notwithstanding any provisions contained in this
3 Paragraph 15, County reserves the right to 1) reduce the
payment of funds hereunder, 2) terminate this Agreement, or
4 3) renegotiate the actual levels of expenditures in the
event Recipient's rate of expenditures will result in
5 unexpended funds at the expiration of this Agreement.
e
6 D. Recipient shall establish and maintain a special
account and deposit all funds received by Recipient from
7 County in that account. The special account may be
established on the books and records as a separate account or
8 a separate bank account may be established. Any funds
received by Recipient from County which have not been
9 obligated prior to the termination of this Agreement shall be
10 returned to County immediately thereafter.
E. Recipient shall maintain said special account in
11 such a manner as to:
1) Permit such reports as required by County to
13 be prepared therefrom.
14 2) Permit the tracing of all funds received by
Recipient from County to their final expenditure.
15 F. Not later than one hundred and twenty 120) days
prior to the termination of this Agreement, Recipient shall
16 provide County with its estimate of the amount of funds which
17 will remain unexpended upon such termination.
16. RIGHT TO APPEAL. Recipient may appeal a termination
18 of this Agreement by County, and such appeal shall be made as
19 provided in Part D, Section 51.5 of the Title III Program Manual
published by the Department of Aging of the State of California.
20 17. REMEDIES. The parties hereto understand and hereby
21 agree that any remedy provided in this Agreement is in addition to
and not in derogation of any other legal or e*uitable remedy
available to County as a result of breach of this Agreement by
22**Recipient, whether such breach occurs before or after terminat*on
23*.of this Agreement. In the event of litigation between the parties
hereto arising from this Agreement, it is hereby agreed that the
liprevailing party shall be entitled to such reasonable costs and/or
24
attorney fees as may be ordered within the discretion of the
court.
25
18. AGREEMENT SUBJECT TO AVAILABILITY OF FUNDS/
26;' CONGRESSIONAL ACTION. Not withstanding any provisions contained in
this Agreement, Recipient expressly understands and agrees that
27 this Agreement is valid and enforceable only if sufficient funds
28 are made available to County by the Sta*e of Ca1iforr-*a for Fi*ca1
6
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^!4 Year 1986-1987 for the purposes hereunder, and moreover, that thi*
1 be to any additional
agreement shall subject restrictions,
limitations or conditions enacted by the Congress of the United
2 States, or any statute en*cted by said Congress which may affect
the provisions of this Agreement, in any manner, including but not
3 limited to funding. It is expressly understood by the parties
hereto that this Agreement may have been entered into before
4 ascertaining the availability of Congressional appropriation of
funds, for the mutual benefit of both parties in order to avoid
5 program and fiscal delays which would occur if this Agreement were
executed after that determination was made.
6
19. FAIR EMPLOYMENT PRACTICES. Recipient shall fully comply
with the Fair Employment Practices Addendum as set forth in
Exhibit *B'*, attached hereto and by this reference made a part of
8 this Agreement. Notwithstanding the provisions of th*s Paragraph
19, Recipient shall give hiring preference to persons sixty 60)
9 years of age and older who are qualified for positions delineated
in Exhibit *A" to this Agreement, and Recipient shall show
10 reasonable cause to County for not hiring any such persons who
apply for such positions.
20. INDEPENDENT CAPACITY. Recipient, and its officers,
employees and agents, shall act in a independent capacity during
the term of this Agreement and not as officers, employees or
13 agents of County.
14 21. NONASSIGNABILITY. Recipient shall not assign any of its
rights, duties or obligations under this Agreement to any person
or entity without the written consent of County being first
obtained; this includes the ability to subcontract all or a
16 portion of its rights, duties, and obligations hereunder.
Recipient does not possess authority to and shall not contract
17 for, or on behalf of, or incur any obligations on behalf of
18 County.
22. ASSURANCE OF COMPLIANCE. Recipient shall comply with
19 all Department of Health and Human Services regulations
20 promulgated pursuant to Title VI of the Civil Rights Act of 1964.
As an indication of its intent to comply, Recipient shall complete
and sign an Assurance of Compliance with such regulations, which
21 form upon completion and execution thereof, shall be attached
hereto as Exhibit C", and by this reference made a part of this
22 Agreement.
23 23. INSURANCE. Recipient shall during the term of this
Aareement:
24 A. Procure and maintain Workers' Compensation
Insurance as prescribed by the laws of the State of
25 Californ*a.
26
B. Procure and maintain comprehensive general and
automotive liability insurance that shall protect Recipient
27 from claims for damages for personal injury, including
accidental and wrongful death, as well as from clairs for
28
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^!4 property damage, which may arise from activities or programs
1 under this Agreement, whether such activities or programs be
operated or conducted by Recipient, by any agent or
2 subcontractor of Recipient's, or by anyone employed directly
or indirectly by either of them, whether employed for a
3 consideration or an unpaid volunteer. Such insurance shall
name County as an additional insured with respect to this
4 Agreement and the obligations of Recipient hereunder. Such
insurance shall provide for combined coverage limits of not
5 less than five hundred thousand dollars $500,000) per
occurrence.
6
7 C. Furnish County with certificate(s) of insurance
showing that such insurance is in full force and effect, and
that County is named as an additional insured with respect to
8 this Agreement, and the obligations of Recipient hereunder.
Further, said certificate(s) shall contain the covenant of
9 the insurance carrier that thirty 30) days written notice
will be given to County prior to modification, cancellation
10 or reduction in coverage of such insurance.
11 D. The provisions of Paragraphs 23A and 23C herein
relating to Workers' Compensation Insurance and to certifi-
12 cate(s) of insurance, shall not apply to Recipient if
Recipient is a public entity and is a self-insurer for its
13 Workers' Compensation liabilities; provided, however, that
Recipient shall provide benefits for its employees who are
14 connected in any manner whatsoever with the services to be
15 performed hereunder, equal to those provided by the Workers'
Compensation laws of the State of California.
16 E. The provisions of Paragraphs 23B and 23C herein
relating to comprehensive general and automotive liability
17 insurance and to certificate(s) of insurance shall not apply
to Recipient if Recipient is a public entity and is a self-
18 insurer for its basic exposure for tort liabilities.
19 24. HOLD HARMLESS. Recipient shall indemnify and hold
County, its officers, agents, employees, volunteers and
20 independent contractors free and harmless from any liability
Iwhatsoever, based or asserted upon any act or omission of
2l* Recipient, its officers, agents, employees, volunteers,
subcontractors or independent contractors, for property damage,
22bodily injury, or death or any other element of darrage of anv kind
or nature, relating to or in anywise connected with or arising
from the accomplishment of the services to be performed hereunder,
24:\\and Recipient shall defend at its expense, including attorney
fees, County, its officers, agents, er*.ployees, volunteers and
independent contractors in any legal action based upon such
25 alleged acts or omissions. The specified mini*um insurance
coverage required in Paragraph 23 herein shall in no way limit or
26 circumscribe Recipient's obligation to indemnify and hold County
free and harmless as set forth in this Paragraph 24.
27'
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^!4 25. CONFIDENTIALITY. Recipient shall protect from
1 unauthorized dis*osure, names and other identifying information
concerning persons receiving services pursuant to this Agreement,
2 except for statistical information not identifying any such
person, and Recipient shall not use such identifying information
3 for any purpose other than carrying out Recipient's obligations
under this Agreement. Recipient may permit persons receiving
4 services pursuant to this Agreement to authorize, in writing, the
release of information to specific entities, but Recipient shall
5 not request or encourage any such person to give a blanket
authorization or sign a blank release, nor shall Recipient accept
6 such from any such person. For the purposes of this Paragraph 25,
identifying information" shall include, but not be limited to,
7 name, identifying number, symbol or other identifying particular
assigned to the individual, such as a finger or vice print or a
8 photograph.
9 26. COMPLIANCE WITH LAW. Recipient shall comply with all
federal, state and local laws and regulations pertinent to
10 Recipient's operation and the services to be performed hereunder,
and shall keep in effect any and all licenses, permits, notices
and certificates as are required thereby. Recipient shall further
comply with all laws applicable to wages and hours of employment,
12 occupational safety and to fire safety, health and sanitation,
including but not limited to the Contract Work Hours and Safety
13 Act 40 USC 327-330; 29 CFR, Part 5).
14' 27. COMPLIANCE WITH REHABILITATION ACT. Recipient shall
comply with Sections 503 and 504 of the Rehabilitation Act of
15j 1973, as amended 29 USC 794) all requirements imposed by the
applicable HEW regulations 45 CFR, Part 84) and all guidelines
16 and interpretations issued pursuant thereto, to the end that no
qualified handicapped person shall, on the basis of handicap, be
17 excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under any program or
18 activIty of Recipient receiving federal financial assistance, and
that affirmative action shall be taken in regard to employment of
19 the disabled.
20 28. COMPLIANCE WITH TITLE VII OF CIVIL RIGHTS ACT.
Recipient shall comply with the provisions of Title VII of the
21 Civil Rights Act of 1964 42 USC 2000, as amended by the Equal
Opportunity Act of March 24, 1972, Public Law No. 92-261) in that
22 Recipient shall not discriminate against any individual with
respect to his or her compensations, terms, conditions, or
23 privileges of employment, or discriminate in any way which would
deprive, or tend to deprive, any individual of employment
24 opportunities, or otherwise adversely affect his or her status as
an employee, because of such individual's race, color, religion,
25 sex, or national origin.
26 29. ASSURANCE OF NONDISCRIMINATION. Recipient shall comply
with the provisions contained in Article 9.5 of Chapter 1, Part 1,
27 Division 3, Title 2 of the California Government Code commencing
with Section 11135) and the rules and regulations adopted, or
28
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^!4 actions taken, by the Department of Aging of the State of
1 California, to implement said article. As an indication of its
intent to comply, Recipient shall complete and sign an Assurance
2 of Nondiscrimination in State-Supported Programs and Activities,
which form upon completion and execution thereof, shall be
3 attached hereto as Exhibit E" and by this reference made a part
of this Agreement.
4
30. COMPLIANCE WITH CLEAN AIR ACT/FEDERAL POLLUTION CONTROL
5 ACT. Recipient s* comply, when applicable, with the provisions
contained in the Clean Air Act, as amended 42 USC 7401 et seq.),
6 and the Federal Pollution Control Act, as amended 33 USC 1251 et
seq.).
31. PROHIBITION OF PAYMENT OF FUNDS TO INFLUENCE
8 LEGISLATION. Recipient expressly understands and agrees that it
shall not use any funds provided hereunder to pay the salary or
9 expenses of any person or entity who is engaging in activities
designed to influence legislation or appropriations pending before
10 the Congress of the United States.
32. NOTICES. Any notices required or desired to be served
by either party upon the other shall be addressed to the
respective parties as set forth below:
13 COUNTY: RECIPIENT:
14 County
of Riverside City of La Quinta
Office on Aging
15 3615 Main Street P.O. Box 1504
P.O. Box 1480
16 Riverside, CA 92502 La Quinta, CA 92253
17
18 or to such other addresses as from time to time shall be
19 designated by the respective parties.
33. BINDING ON SUCCESSORS. Recipient, its heirs, assigns
20 and successors in interest shall be bound by all the provisions
contained in this Agreement, arid all of the parties hereto shall
21 be jointly and severally liable hereunder.
22
time * WAIVER OF PERFORMANCE. No waiver by County at any
of any of the provisions contained in this Agreement shall be
23 deemed or construed as a waiver at any time thereafter of the same
or of any other provisions contained herein or of the strict and
24' timely performance of such provisions.
25 35. SEVERABILITY. The invalidity of any provision
contained in this Agreement as determined by a court of competent
26 jurisdiction shall in no way affect the validity of any other
2?! provision herein.
28 *
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^!4 36. INCORpOR**MA*T*. Recipient expressly represents
1 that all documents incorporated by reference herein, and all
matters within such documents, have been reviewed and are
2 understood by Recipient.
3 37. ENTIRE AGREE?4ENT This Agreerrient is intended by the
parties hereto as the final expression of their understanding with
4 respect to the subject matter hereof and as a complete and
exclusive statement of the provisions contained in this Agreement,
5 and it supersedes and replaces any and all prior and contempo-
raneous agreements and understandings1 oral or written, in
6 connection therewith. This Agreement may be modified or changed
7 only upon the written consent of the parties hereto.
8 COUNTY OF RIVERSIDE CITY OF LA QUINTA
1: By___
Purchasing Ag*nt
Title: City Manager
The authority of the County
Purchasing Agent to execute
Agreement is set forth in
Government Code *255OO et seq. ATTE
13 and Riverside County Ordinance 1ST:
No.459.
14
C*i:*
151 De*uty *anag
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^!4 Pdye 3 ot 4
E>**IBIT A*'
1986/1987 City of La Ouinta
FISCAL YEAR AGEI*CY PROGRAM
AMOUNT
DETAILED JUSTiFICATION OF PROGRAI* BUDGET REQUESTED
Based on estimated budget of $13,687 and 375 units of service, a
total estimated cost per unit of outreach equals $36.50.)
Based on $6,107 Federal funds, or 44.6% of total estimated costs,
the rate of reimbursement per each doc*ir*nted unit of outreach will
be $16.28.
Total reimbursements not to exceed $ 6,107
Based on $1,000 Federal funds and $1,OO0.match from City, and a
reimbursement rate of 36*/mile, the rate of Federal Fund
reimbursement Per mile for volunteers providing transportation
service will be 18* per mile.
Total reimbursement not to exceed $ 1,000
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BIB]
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^!4 FAIR *XPW***ENr PRACI'I* *
1. In the perfornance of this agr**rent, Recipient sh&ll not
discriminate against any e*Tployee or applicant for eTploynant because of race,
religious creed, oo'or, natio* origin, ancestry, physical handicap, ITedical
*ndition, marital status, sex or age*, shall
take affirrn*tive action to ensure that applicants Are eyrployed, and that E*Tp1oyees
are treated, during *loy*t without regard to their race, religious creed,
color, national origin, ancestry, physical handicap, nedical condition, marital
status, sex or age. sudi action shall include, but not be l*ited to the
following: *tpl*nent ungra*g, d*otion or transfer, recruit*r*nt or recruiteent
advertising; layoff or tanination; rates of pay or other forms of conpnsation;
and selection for train*, including apprenticeship. ReciDient shall
post in a conspicuous place, available to en*loyees and*tsfor*t,
notices to be provided by C*inty setting forth the provisions of this Fair
Drployeent Practices section.
2. Recipient * pe*it access to its re*ds of err*lc*r*t,
*loynent advertisetents, application forms, and other pertinent data and
records by *unty for the prrprse of investigation to ascerain coopliance with
the Fair Diploerent Practices section of this agree*t.
3. * for Willful Violation:
a) *unty may dete*e a willful violation of the Fair DTpl***nt Practices
provision to have occurred upon receipt of a final judgeent having this
effect fr*n a c*irt in an action to which ReciDient was a
party, or upon receipt of a written notice f*n the California Fair E**l*'irent
and Housing Ccxtmission that it has investigated and detemined that
ReciDient has violated the California Fair *l*ent and
Housing Act, and has issued an order, under California Govem*t *de
Section 2970, *lich has becoce final, or obtained an unjunction under
California Goverrment * Section 12973.
b) For willful violation of this Fair *loyeent Practices provision, county
shall have the right to terninate this agreerent either in whole or in
part, and any loss or dam*ge sustained by county in securing the focds or
services hereunder shall be borne and paid for by Recipient and
by its surety under the perfo*nance bond, if any, and County *y deduct
fra* anv ironies due or that thereafter may * due to Recipi*n*
the difference be*en the an*unt nan* in the ageeeeent and the actual
cost thereof to County.
*
*,It is unlawul *loyeent practice for an *iployer to refuse to hire or *riploy,
or to discharge, dismiss, reduce, suspend, or d*te any individual over the age
of 40 on the ground of age, except in cases where the law *rpels or provides
for such action * Call fornia Govem*t Code Section 12941).
EXHIBIT *
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^!4 ASSU1***CE OF * WI*I * DEP***r OP
l*AL'n*, EDUCATION, Ak* *EIrARE Rs'*TION UN*'L*
TI']l VI O* *[ CIVIL RI*ITS IC* OF 1964
City of La Quinta
herein called Recipient," hereby agrees that it shall carply with Title
VI of the Civil Rights Act of 1964 P.L. 88-352) and all reguirerr*nts
inposed by or pursuant to the Regulation of the Departrrent of Health,
Educati6n, and **lfare 45 CFR Part 8.0) issued pursuant to that title,
to the end that, in accord&*ce with Title VI of that Act and the Regu-
lation, no person in the United States shall, on the ground of race,
color, or national origin, be excluded from participation in, be denied
the benefits of, or be o*erwise subjected to discrimination under any
program or activity for which Recipient receives Federal financial
assistance fran County of Riverside, herein called *`County," a recipient
of Federal financial assistance from the State of California Office on
Aging, herein called State"; and hereby gives assurance that it will
inrediately take any *asures necessary to effectuate this assurance of
coopliance.
If any real property or structure thereon is provided or
irr*roved with the aid of Federal financial assistance *`(tended to
Recipient by County, this assurance shall obligate Recipient, or in the
case of any transfer of such property, any transferee, for the period
during which the real property or structure is sued for a puu*se for
which the Federal financial assistance is extended or for another
purpose involving the provision of sinjlar services or benefits. If anv
personal property is so provided, this assurance shall obligate Recipient
for the period during which it retains o*inership or possession of the
property. In all other cases, this assurance shall doligate Fecio.ien:
for the period during which the Federal financial assistance is e:*endeo
to it by County.
This assurance is given in consideration of and for the
purpose of obtaining any and all Federal grants, loans, contracts,
property, discounts or oL'*er Federal financial assistance **ended after
the date hereof to Recipient by County, including installr**t ca**en-*
after such date on account of applications for Federal financial ass*s
tance **ich were approved before such date. Recipient recognizes ana
agrees that such Federal financial assistance will be e.*anc*
reliance an the representations and agree**Tents wade in this assurance,
and that County, State or the United States, or all of * shall have
the right td seek judicial enforcenen* of this assurance. This
DaIBIT C"
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^!4assurance is binding on Recipient*, its successors, transferees, and
assignees and the person or persons whose signatures appear bel* are
authorized to sign this assurance on benaif of Recipient.
Dated: October 27, 1986
CI'FY OF LA OUI**A
DY*4 *
Title: City Manager
*
Manage
SE*L)
*IBIT *.C"
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^!4 SmPE OF SERVICES
City of La Quinta)
1. PI*DER O*NIZATION
a. City of La Quinta
b. Ann Jennings, Deputy City Manager
P.O. Box 1504
La Quinta, CA 92253
C. 619) 564-2246
d. City of La Quinta
2. SERVICE AREA
Service area for the City of La Quinta includes the City proper and its
environs, specifically bounded by the Santa Rosa *untains to the west, and
Washin**on Street north to Fred Waring Drive, Fred Waring Drive to the
north, Jefferson Street to the east, to 54th Avenue, then east to Madison
Street, then South to Avenue 60, then west to the Santa Rosa n*untains.
3. *AI'ING
Elderly services furnished through the La Quinta Cattrunity Services Office
will be targeted towards reaching out to the frail elderly, hat*bound
and/or disabled older persons who are unable to help th*nselves and who may
lack family or other support systems which would otherwise help them
maintain an adequate standard of living. We will also att*t to target
services towards functionally exceptional need for provisions of services.
It will be our goal to assist older persons and adults, who, without our
services, might be at risk of being placed in a ho* for senior citizens or
living environeent which would be much ir*re restrictive.
4. CLIE"* GRIECC*S
Client grievances would be heard by the Couuunity Services Specialist, the
senior program director for the City of La Quinta, and an attempt at
resolution of the particular client problem would be made at that level.
If unsatisfactory, client grievances would then be referred to the Office
on Aging, Riverside Office.
5. PP**M INF*PMAT ION EEEOJ**S
Program information efforts at the La CaTTnL*ity Services Office will center
primarily around use of the City's bi-monthly newsletter, which is mailed
directly to all hares in La Quinta. Through use of our newsletter1 it is
possible for us to reach many elderly person* who do not have a radio,
television or subscribe to daily newspapers. Inform*tion regarding
ongoing senior programs, and detail of outreach services will he included.
We will also rely heavily on volunteer information effoit. La Quinta is
*vtre*1y citizen proactive, with several groups such as the La Quinta
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^!4 Firebelle* visible and in touch with ocal citizens. Groups such as these
will be contacted and they will be asked to report elderly and/or fraill
handicapped citizens in need of services. Outreach personnel will * be
sent to follc*-up and perform the initial contact. EVery effort will be
made to **qet the *ord out' reqarding available services airred at assisting
frail elderly and older persons harw*bound or in need of assistance.
6. COOF*INATION
Staff and volunteers at the La Quinta Corrrrrnity Services Office will
coordinate efforts for senior services with the Office on Aging, adhering
to the Area Plan Mission Statement. La Ouinta will assist the Office on
Aging towards establishment, on a local level, of long-term care services
which are targeted on the frail elderly and functionally disabled 18+
adult. We will atterpt to involve the private sector so that resources may
be expanded and services may be continued to provide assistance and
preventative services for older people less needy. It will be our intent
to provide single client case management programs.
We will work with existing senior centers, senior nutrition sites and
transportation providers to provide supportive services for the long-term
care of frail elderly within our cc*cuity. We will also coordinate our
services with other County depa*aiaents such as Depaxhment of Health, Yental
Health, Housing and C*tinL*ity D*veloprent and Public Social Services.
Currently, the City is working with Housing and Contnunity Development
towards purchase of a permanent site for a senior center and installation
of irodular buildings. We will flirther att*tpt to make our local center
clients aware of the countywide services and assistance for which they may
be eligible.
7. FUNDED PRCGRA**(S)
Program Title Comruinity Services
a. Activity #1 Outreach
1) Plan of Service for Activity. La Quinta will provide an Outreach
project by utilizing a Corrrrunity Services Specialist, *ho will
act as Director of our senior program. This person will train
and supervise the Title V Outreach worker and volunteers from
within the ca*unity whose duties it will be to contact and
inform frail/handicapped persons about services and assistance
within their c*r*uni*y in order to prevent premature
institutionalization. We intend to r**ke a special effort to
reach out to these persons, which will involve face-to-face
contact with the individual. Our intent will be to attemp* to
get elderly people back into the mainstream of life and help them
become involved in social interaction and group programs and/or
assistance.
We will attempt to obtain potential clients through contact with
social service agencies, and informal through carunity groups
such as the La Quinta Firebelles, La Quinta homeowner S
Association, La Ouinta Cove Association and Volunteer Fire
Depart2T*nt.
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^!4 Upon definition of our target population, senior center staff
will atterrpt to identify social services in the ca*nity
available to service elderly needs, such as specific information
such as the name of the service agency, who may receive the
services and procedure to obtain necessary services. We will
attE*npt to gain from the elderly persons information relative to
their needs and to make a determination regarding their irediate
needs.
Staff will then assist the elderly person with setting a needs
priority, and help them deal with their most critical need first,
whether it be transportation, obtaining rredical assistance, or
food assistance. OLir program director will ensure that
sufficient volunteer and staff training is made to enable these
persons to successfully contact the elderly, gain their
confidence and establish a relationship upon which the elderly
persons can trust and rely upon while reestablishing themselves
within the carr"unity.
The Outreach program will be operational at least four hours each
weed day 1,040 annually). One Outreach person received the
Office on Aging' S Outreach training.
Do*tation of field work will be maintained. An individual
file will be kept for each client which will also contain the
documented field work. The files will be kept in a locked place
to protect the clients confidentiality.
2) Min* Nun*er of Units of Service to be Provided. It is
anticipated that La Quinta will provide approximately 375 units
of service, one- foutth of which are anticipated to be previous
clients.
3) Minimum Nuiriber of New Seniors to be Served. Of the anticipated
nurr**er of units of service, we anticipate that approximately 250
will be new seniors.
4) Minimum Nuiber of Frail Elderly to be Served. It is difficult to
estimate, but we would guess that the nurber of frail elderly to
be reached would be approximately 187 Based upon a special
census done in April, 1986, which indicates that 606 persons live
in La Quinta over the age of 55, 170 of whom are over the age 70,
it seems safe to say that there are at least 250 frail elderly in
the comiunity who have not yet been served.
OLir survey further indicates that there are 19 persons living in
La Quinta between the ages of 80 and 84, and 11 over the age of
85. Fvery att*npt will be made to contact these people and to
ensure that their needs are bein9 met and will continue to be
provided.
b. Activity #2 Volunteer Transportation Project
1) General. Riverside County Office on Aging will support the
Recipient's Volunteer Transportation Project during FY 1986/1987
by purchasing $1,000 of Units of Service. The purpose of this
project is to help provide an alternative transportation support
service for seniors in the Recipient's program area.
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^!4 The $1,000 grant reghires a * of a $1,000 100%) cas* im*tch
waivers of the match will not be approved). The ca*bined amount
i.e., $2,000) will be available to reimburse volunteer drivers
and the senior center for associated expenses. Reimbursen*nt
will be established on a per/mile basis with volunteers receivin9
the Recipient1 S established volunteer reimbursement rate but not
to exceed 21* per mile) and the senior center receiving an
amount not to exceed 42% of the total per/mile rate. For
exanple, if a volunteer receives 21*/mile, the center would receive 15*
per/mile. The total per/mile rate would be: 36*. Accordingly, the
volunteer receives 58% of the total and the center receives 42%.)
2) Targeting. This project will serve the frail elderly and the
most needy seniors in the program area.
3) Client Grievances. Recipient will establish written Client
Grievance Procedures and will post them publicly.
4) Services to be Provided
a) Plan of Service. Recipient will recruit and train
volunteers who will be willing to transport seniors in their
private autar*biles to/fran medical appointments, shopping,
etc.
wtitten policies and procedures for the Volunteer
Transportation Project will be developed and will be readily
available to all concerned.
The recruitment of volunteers should be acccoplished in
accordance with Recipient' 5 normal procedures for
volunteers. A Departr*nt of b'btor Vehicles *) driving
record check is required. If the Recipient has no policy
regarding the mrnim*im amount of autanobile liabiliW
insurance for volunteers, a $50,000/$100,000 minimum
requirement is recarir*nded.
b) The Unit of Service definition is: One Client Served. It
is estimated that the entire project will average 22 23
volunteer miles per day for approxi:ately 250 days during
the year. An estimated minim of 1.5 clients will be
served per day i.e., 375 clients per year which includes a
minirnum of 25 new seniors; it is estimated that 75% of the
latter will qualify as frail elderly).
c) For prograIITnatic reporting purposes, this project is
considered a Material Aid activity within the Transportation
Program.
d) Internal Bookkeeping procedures will be established to
ensure that grant and match dollars are eppended egually on
a monthly basis.
e) Clients of this project must be allowed an opportunity to
make a confidential contribution for the *ransportation
service in accordance with the spirit and intent of the
Older Americans Act of 1965 as amended. This revenue must
be spent within this project and may not be used as part of
the match requirement.
*X*ilBIT D'
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^!4 AS&JRANCE OF **JDISCRIMINATION IN
STATE SUPPORTTD PROGCCCS AND ACTIVITIES
City of La Ouinta hereinafter called the **Recipient*' agrees that it
will ca*ly with Article 9.5 caTm*cing *zith Section 11135) of Chapter 1, Part 1,
Division 3, Title 2, of the Gavernrr*nt Code and the rL*gulations adopted or actions
taken by Depart*t of Aging, State of California, to inplenent such Article to the
end that no person in the State of California shall, on the basis of ethnic group
identification, religion, age, sex, oolor or physical or mental disability, be
unlawfully denied the benefits of, or be unlawfully subjected to discrimination under,
any program or activity that is funded directly by the state or receiving any
financial assistance fran the state.
Th the case where the state support is to provide or iifprove or is in the form of real
property or interest therein or structures thereon, this assurance shall obligate the
*ecipient, or, in the case of a subsequent transfer, the transferee, for the period
during which the propertv is used for the purpose for which the state support was
extended, or for another purpose involving the provision of similar services or
benefits. In the case where state support is extended to provide personal property,
or in the form of personal property, this assurance shall obligate the Recipient for
the period during **ich it retains ownership or possession of the property. In all
ot** cases, this assurance shall obligate the lecipient for the period during which
the state supoort is extended to it.
Each Recipient shall insure that each of it errployees is aware of the rights of
ultimate be**ficiaries and the responsibilities of Recipients under Article 9.5, and
rn&ke available to ultirrjate beneficiaries and other interested persons, information
regarding the provisions of Article 9.5 and its availability to the program or
activity for which the Recipient receives state support.
Each Recipient shall permit access by representatives of the Departaent of Aging,
State of California, at any tirre during nornal business hours to such of its books,
records, accounts, other sources of information, and its facilities as may be
pertinent to ascertain cornoliance with **icle 9.5.
The Recipient recognizes and agrees **iat state support will be extended in reliance
upon the representations and agreements *ade in this assurance, and that the County of
Riverside and the State of California shall have the right to seek a**strative and
judicial enforc**t of this assurance. This assurance is binding on the Recipient,
its successors, transferees, and assignees, and the person or persons *hose signatures
appear below are autl'*rized to sign this assurance on behalf of the Recipient.
Dated October 27. 1986
City of L* Qiint*
ATrEST: By */ AWL**
By:___________________________ Title: City *anager
Deputy C it*Clerk* Corporate Seal)
E(HIBI **E'
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