HomeMy WebLinkAboutAgenda Report - August 16, 1989TO: THE CITY COUNCIL
=ROM. THE CITY MANAGER'S OFFICE
")UNCIL COAMMUNICATIC''
cla.::-,u, n TE
August 16, 1989
SUBJECT: Senior Day Care Agreement with Lodi Memorial Hospital
RECOMMENDED ACTION: That the City Council approve the Senior Day Care Center
Agreement with Lodi Memorial Hospital for the operation of a Senior Day Care
program at Hutchins Street Square.
BACKGROUND INFORMATION: William Holz willed $2.7 million to the City of Lodi to
build a Senior Facility at Hutchins Street Square in 1987. The Old Lodi Union
High School Site Foundation was instrumental in developing the plans and
specifications to provide such a facility with the renovation of the old high
school gymnasiums and swimming pool. The project is currently being built by
F and H Construction and is expected to be complete in the winter of 1990.
One of the features of the Senior Complex is the Senior Day Care program. It
was the desire of the Old Lodi Union High School Site Foundation and the Lodi
Senior Citizens Commission to offer such a service to adults that need some type
of care -supervision during the day and provide relief to the caregiver. The
Foundation felt that this program would be best operated by a current health care
provider that had local not-for-profit interests and offered the opportunity to
Lodi Memorial Hospital.
The Foundation's representatives and members of the City staff have met with
members of Lodi Memorial Hospital's Board of Directors for the past year to
develop this agreement.
The City will provide the space to Lodi Memorial Hospital, which allows the
Hospital to provide daily Monday through Friday services at a nominal fee.
The City will provide the maintenance of the buildings and grounds, with Lodi
Memorial Hospital responsible for the janitorial and cleaning services of the
interior, all utilities and equipment.
The lease is $1.00 per year. It is also agreed that if there is any overall
profit, it will be paid and remitted to the Foundation for the continued
maintenance and development of Hutchins Street Square.
Canminity C t Dir
Charlene La
MEMORANDUM
To : Charlene Lange, Community Center Director
From: City Attorney
Date : July 28, 1989
Subj : Senior Day Care Center Agreement
It appears that "e are finished tinkering with the agreement between the
City and Ladi Memorial Hospital for operation of the Senior Day Care
Center at the Square, as directed by the Council at the March 21, .1.989
shirtsleeves session. The matter must now go back to the Council . ;.for
final approval. It is ny understanding that you will prepare theCouncil
communication for this item. Bj copy of this memo, I will requesithat
the matter be placed on the August 16, 1989 Council agenda. I believe by
that time me will have an executed copy from the Hospital.
Please let ne know if there is anything else I can do.
Eo McNatt
City Attorney
SM:vc
CC: City Manager
City Clerk
HSSSRDA`'.6/TXTA.0IV
THIS AGREEMENT is entered into by and between the CITY OF LCD!
("City") and LODI MEMORIAL HOSPITAL ("Hospital").
WITNESSETH:
WHEREAS, the City of Lodi, as the owner of the facilities at Hutchins
Street Square and the beneficiary of a gift from the William Holz estate,
is desirous of establishing a senior day care center at the Hutcnins Street
Square facility; and
. WHEREAS, it is in the best interests of all parties to contract with
an organization having expertise in the area of providing such services 176r
seniors; and
WHEREAS, Lodi Memorial Hospital has such expertise and is desirous of
operating such facility;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1. The purpose of this agreement i s tc provide a senicr day care facility
on a year-round basis at the II-lutchi ns Street Square facility.
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3.
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The City of Lodi agrees to and hereby leases to Lodi Memorial
Hospital, the facilities and space described as:
The southern portion of the remodeled Senior Citizens'
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Complex at Hutchins Street Square, as more particularly
shown on the floor plan attached hereto and made a part of
el
this Agreement by reference.
for the sum of one dollar ($1.00) per year, payable in advance on the
anniversary date of this agreement.
The initial term of this agreement shall be for three (3) years froin;
the date the building i s complete, presently estimated to be Marth 1,
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1990. This lease may be renewed by mutual consent for three (3) year
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increments by mutual notice given to the other party not later than
one hundred and twenty (120) days prior to the expiration of the
current term.
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City shall provide all customary and usual maintenance of buildings
and grounds. Lodi Memorial Hospital shall be responsibl for all
janitorial and cleaning services for the interior of the space
described. Hospital shall instal: or cause to be installed in its own
name, separate meters for gas and electric utilities for the space
demi sed hereunder, and shall be responsible for payment of all such
utilities, plus a prorata share of w-ater and sewer charges at
Hutch -ins Street Souare.
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shall be adjusted with the intent to make such charges or fees reflect
the actual cost of operation and overhead of the facility. In
determining or calculating profit or loss, Hospital shall be entitled
to depreciate during the initial term of this lease, the costs for
necessary equipment for the program provided by hospital.
Determination of profit or loss may utilize a carry forward/carry bats:
5. Lodi Memorial Hospital shall provide all necessary and customary
equipment, furniture, and staff to provide care for a maximum of
thirty (30) persons. In addition, Lodi Memorial Hospital shall be
responsible for publicity and marketing of the program, expending
reasonable and good faith efforts to make the public aware of this
program. All kitchen appliances, if any, shall he provided, owned,
and maintained by Hospital, which shall furnish to the City a list of,
and specifications for, all such appliances prior to installation.
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5. Lodi Memorial Hospital agrees to operate a senior day care program
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during hours by mutual `agreement, Monday throug` Friday, fifty two
weeks of the year, save and except the usual and traditional
holidays. Such services shall be available to all persons otherwise
meeting the criteria for participation in such day care facilities,
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regardless of race, sex, national origin, or residency,
7. City shall be obligated only to provide the necessary space and
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maintenance for such day care center. All other. expenses of operation
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of the day care program shall be the responsibility of Lodi Memorial
Hospital. Hospital further agrees to operate such Senior Day Care
Proaram on a not-for-profit basis. Charges or fees for such service
shall be adjusted with the intent to make such charges or fees reflect
the actual cost of operation and overhead of the facility. In
determining or calculating profit or loss, Hospital shall be entitled
to depreciate during the initial term of this lease, the costs for
necessary equipment for the program provided by hospital.
Determination of profit or loss may utilize a carry forward/carry bats:
method of calculating profit or loss for each year of the curre,;t
three (3) year term, and offset for each year in which a loss was
incurred, against any year of the current term in which a profit
resulted. Should an overall profit result as shown by independent
audit based on the considerations found in this paragraph, then at the
end of the 3 -year term, it shall be paid and remitted to the Old Lodi
Union High School Site Foundation, for the purpcse of continued
maintenance and development of the Hutchins Street Square facility.
8. City and Hospital hereby mutually agree to hold harmless and i ndemni ry
the other in proportion to and to the extent that,claims .or losses to
one are attributable to the negligent acts or omissions of the other.
Such hold harmless shall include indemnity for attorneys fees ' and
costs incurred in defending such actions.
Executed this day of
California.
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, 19 a t Lodi ,
CITY OF LODI, a Municipal
corporation
THOMAS A. PETERSON
City Manager
ATTEST:
ALICE M. P.EIMCHE
City Clerk
Approved As To Form:
BOBBY W. McNATT
City Attorney
AGRSRDAYJTXTA.01Y
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