HomeMy WebLinkAboutAgenda Report - June 19, 2013 C-22AGENDA ITEM 0402 Z
CITY OF LODI
,. COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Approving Agreement with LOEL Foundation to Operate
Hutchins Street Square Senior Center
MEETING DATE: June 19, 2013
PREPARED BY: Parks, Recreation and Cultural Services Director
RECOMMENDED ACTION: Adopt a resolution approving agreement with LOEL Center to
operate Hutchins Street Square Senior Center.
BACKGROUND INFORMATION: Lodi has two independently operating senior centers, an unusual
situation in a city this size. One, the LOEL Center, provides nutrition,
educational and recreational services at 105 S. Washington Street.
It also offers low-cost housing for seniors. The second, the City of
Lodi's Senior Center at Hutchins Street Square, also provides educational and recreational services. In
addition, Lodi Health leases space from the City adjacent to the Senior Center to operate an Adult Day
Care center for seniors unable to care for themselves during the day.
The late industrialist William Holz was behind the establishment of the two senior centers. Mr. Holz
founded the nonprofit LOEL in the late 1970s, and upon his death in 1987 bequeathed some $2 million to
the City of Lodi to construct facilities to serve seniors. That was accomplished at Hutchins Street Square
in the area south of Kirst Hall, with the senior center and Adult Day Care facilities opening in 1990. The
LOEL Center, now at 105 S. Washington Street, is the larger of the two, serving approximately 250
seniors per day compared to the 20 to 30 served daily at Hutchins Street Square. The LOEL Center
operates under a board of directors comprising local community members and a larger staff than the
Senior Center's.
City and LOEL Center staff believe the community's seniors can be better served by a consolidation of
services under the direction of the LOEL Center. Today, the LOEL Center refers seniors to the Senior
Center at Hutchins Street Square for some services, and vice versa. The LOEL Center has a need for
additional space in order to expand its nutrition programs and other programs, but is confined in its
current location. Operating the Senior Center as a satellite facility is a low-cost way for LOEL to expand
services.
The proposed agreement was approved by the LOEL Foundation board of directors on May 23. If the
City Council concurs, the LOEL Foundation will take over management of the Hutchins Street Square
Senior Center beginning July 1. Key points of the proposed agreement:
■ Three-year term beginning July 1, 2013, with an option to cancel after 12 months
■ LOEL will pay annual rent of $1 to use the Senior Center as a satellite facility
■ LOEL will assume all interior maintenance and pay $250 per month for a portion of utility costs
■ City will provide Kirst Hall, Crete Hall, Lange Theatre or other conference rooms twice a year at
no rental expense to LOEL for fund-raising to offset the additional cost of expanding to Hutchins
Street Square. LOEL may also have two additional rent-free uses on a short -notice basis if there
is no existing reservation for the space.
■ LOEL will operate five days a week at Hutchins Street Square
APPROVED:
Konradt Bartlam, City Manager
Adopt Resolution Approving Agreement with LOEL Foundation to Operate Hutchins Street Square Senior Center
Page 2
June 19, 2013
The attached table lists the various activities currently offered at the centers. The LOEL Center expects it
can increase its offerings through the assimilation of the Hutchins Street Square Senior Center. LOEL
staff cannot predict how many additional seniors would be served through these programs, but believes
the additional staff presents new opportunities, including:
■ Expanded Parkinson's Support Group meetings
■ Additional wellness classes, small health fairs through a partnership with Lodi Health
■ More AARP driving courses
■ More room for AARP -assisted tax preparation
■ Onsite notary
■ Expanded computer classes
■ Additional yoga, Zumba for seniors
■ Craft classes
■ Musical jam sessions
■ Social media workshops
LOEL's involvement at Hutchins Street Square also provides the potential for an eventual partnership
between LOEL, City and Lodi Health for a "senior wellness center" af the Square. Lodi Health desires to
become more involved in senior -related activities, potentially through providing classes or physical
therapy services at the Hutchins Street Square swimming pool. These activities are expected to evolve
over time as the LOEL Center acclimates to its expanded role.
There is an impact on City of Lodi staff. A Recreation Manager oversees two part-time employees at the
Senior Center (organizational chart attached). In addition to continuing her role as the liaison to the Lodi
Youth Commission and Lodi Senior Citizens Commission, the Recreation Manager will focus on
expanding the number of special events aimed at a wider audience, increasing opportunities for the
community to gather. Some of these may generate revenue for the Department. The current Senior
Center part-time employees have had an opportunity to apply for jobs through LOEL, which will expand
its staff to accommodate its needs at Hutchins Street Square.
In addition to providing benefits to seniors, the agreement has financial benefits for the Parks, Recreation
and Cultural Services Department. Operating the Senior Center has direct costs of about $33,400 for
part-time staff, supplies and janitorial services, with annual donation revenue of about $5,000. This
agreement eliminates this expense and revenue from the PRCS budget for Fiscal Year 2013/14 for net
savings of approximately $28,000.
The PRCS director met with the Lodi Seniors Citizens Commission on May 2, 2013, to discuss LOEL's
proposed role and to answer any questions. At its June 6, 2013, meeting the Commission gave its
unanimous support to this proposed deal.
Je�ffd
ecr ation and Cultural Services Director
Attachments: Organizational charts, activity checklist, Agreement
0 Salaried
0 Hourly LOEL Foundation Board
0 Volunteer
Pending President/CEO
Program
Financial
Administrator & Food Service Manager &
Event Coordinator Activities Coordinator
- - Administrative Assistant
Event Cook
Gift Shop Volunteers
Center Volunteers
SERS
Community Volunteers
Dietician I
Cook
Cook's Assistant I
Dining Room Host
Kitchen Volunteers I
Operations Coordinator
Custodian/Driver
Maintenance Helper
Parks Division
PRCS Director
Hutchins Street
Square
Recreation
Manager
n
u
Recreation
Division
Recreation
Superintendent
Recreation. Recreation
Manager Manager
Senior Center (2
part-time
employees)
Comparison of activities at senior centers
Services/Activities
HSS
LOEL
Pinochle
Bunco
Bingo
Bridge
Card/Board Games
Chess
�l
Wii Sports
Ping Pong
�1
Memoirs Writing Grp
Knitting/Crochet
Movie
Painting
�1
Brain Builders
�l
Bereavement Grp
�1
Caregiver Support Group
�l
Legal Services
�l
Hicap Medicare Counseling
Peer Counseling
�1
Library
Informational Workshops
Senior Self Defense
�l
Adult CPR
Tax Services
Dial A Ride Tickets
Computer Lab -WiFi
Blood Pressure Checks
Exercise Program
�l
Lunch Program
Arts & Crafts
�l
Fundraiser Dinners/Luncheon
Mature Driver Course
�l
Travel Trips
AGREEMENT FOR OPERATION OF SENIOR CENTER
THIS AGREEMENT FOR OPERATION OF SENIOR CENTER (this "Agreement") is entered into
by and between the CITY OF LODI, a municipal corporation ("City"), and THE LOEL
FOUNDATION, a California nonprofit corporation ("LOEL").
WHEREAS, LOEL operates a Senior Center located at 105 South Washington Street, Lodi, and
the City operates a Senior Center at Hutchins Street Square, formally located at 125 South
Hutchins Street, Lodi, Calif. 95240;
WHEREAS, the purpose of this Agreement is to contract operation of the Hutchins Street Square
Senior Center to LOEL for three (3) years from the date this Agreement.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. The purpose of this Agreement is to provide a Senior Center on a year-round basis at the
Hutchins Street Square facility.
2. The City of Lodi will lease to LOEL for the sum of ONE DOLLAR ($1.00) each year,
payable on the Commencement Date (defined below) and on each anniversary thereof,
the facilities and spaces described as follows (the "Premises"):
LOEL Senior Center at Hutchins Street Square
The northern portion of the remodeled Senior Citizen's Complex
at Hutchins Street Square, as more particularly shown on the
floor plan attached hereto and made a part of this Agreement by
reference.
3. In addition to the space leased in paragraph 2 above, during the term of this Agreement
LOEL shall have the right to utilize all parking areas, walkways and breezeways located
at Hutchins Street Square (the "Complex") on a non-exclusive basis together with other
users of the Complex.
4. The term of this Agreement shall be for a period of three (3) years commencing July 1,
2013 (the "Commencement Date") and expiring on June 30, 2016. This Agreement may
be terminated with or without cause by either party after one year by providing not less
than thirty (30) days advance written notice to the other party.
5. LOEL agrees to provide, within the limits imposed by licensing/regulatory agencies,
senior program services to all persons meeting the criteria for participation, regardless of
race, color, religion, sexual orientation, marital status, national origin, ancestry, age,
residency or any other criteria prohibited by law. The determination of what services will
be offered will be made at the discretion of LOEL.
6. LOEL agrees to consider existing City Senior Center Staff for hire to operate the LOEL
Senior Center at Hutchins Street Square, but all staffing and hiring decisions are at
LOEL's sole discretion.
7. Except as otherwise provided in paragraph 13 of this Agreement, LOEL shall provide all
necessary and customary supplies, equipment, furniture, and staff to provide the Senior
services.
8. LOEL shall be responsible for publicity and marketing of the program. As part of that
publicity and marketing, LOEL is authorized to place signs within and outside of the
Hutchins Street Square facility identifying the LOEL Senior Center at Hutchins Street
Square and its location, provided those signs meet any requirements City has for this
type of signage, receive the approval of the Parks, Recreation and Cultural Services
Director and conform with the City's zoning ordinance.
9. Except for the obligations of LOEL described in paragraph 10, City shall provide all
customary and usual maintenance of the Complex, including building structures
(including the Premises), exterior and grounds.
10. LOEL shall be responsible for all janitorial and cleaning services, and repairs and
maintenance of the interior surfaces of the Premises, except to the extent caused by a
failure of City to perform its maintenance obligations under paragraph 9. To assure
notification of necessary repairs of the leased space, LOEL shall notify City of all interior
repairs performed by LOEL that exceed five hundred dollars ($500.00) per occurrence.
By way of explanation and not by way of limitation, (i) LOEL shall be liable for such items
as (a) painting the interior of the Premises, (b) floor and window coverings within the
Premises, (c) replacing light fixtures within the Premises, and (d) replacing and
unclogging faucets, toilets, and sinks where the obstruction is within the interior of the
Premises, including normal sink or toilet blockages; and (ii) City shall be responsible for
(a) HVAC, (b) electrical systems and wiring inside the walls of the Premises, (c) plumbing
and drainage systems serving the Premises (including water heaters and boilers), and (d)
unclogging faucets, toilets, and sinks where the obstruction is not within the interior of the
Premises,
11. LOEL shall pay the City TWO HUNDRED FIFTY DOLLARS ($250.00) per month, due
and payable by the tenth day of the month, for water, wastewater, electricity and garbage
expense. The water, wastewater, electricity and garbage rates are subject to adjustment
every three years by The City of Lodi in the event of a rate change or in the event of
increased demand by LOEL. LOEL shall supply its own phone and internet service.
12. LOEL shall be permitted to reserve either Kirst Hall, Charlene Powers Lange Theatre,
Cottage/Pisano rooms or Crete Hall two times per calendar year at cost (employee and
utility costs only) with the same priority as to dates, including but not limited to Fridays
and Saturdays, and times as any other entity or person seeking to reserve any of those
facilities.
In addition, the parties acknowledge that reservation of the facilities described above by
outside parties is normally accomplished up to a year in advance of a planned event.
City agrees to allow LOEL to utilize the above-mentioned facilities at cost for up to an
additional two times per calendar year, provided that the facility has not been reserved by
a full paying customer within 45 days of the desired date.
13. LOEL shall have the use of all existing furnishings in the public areas of the Senior
Center, which shall remain City property. LOEL may, but shall have no obligation to,
repair or replace any such items, in which case any replaced items shall be the property
of LOEL.
14. The City shall have the right to continued use of an office within the Senior Center for the
Aquatics Coordinator's use, including before or after business hours, until it is mutually
agreed the office space is no longer needed. The parties acknowledge that the pool
located within the Complex is operated solely by the City, that the provision of an office
for the Aquatics Coordinator is solely for the convenience of and as an accommodation to
the City, and that LOEL Senior Center has no involvement in, responsibility for, or liability
whatsoever connected with the operation of the pool or the actions of the Aquatics
Coordinator. City further agrees to indemnify, defend and hold LOEL and its officers,
agents and employees from and against any loss, liability, claim or expense (including
without limitation attorney's fees and costs of litigation) arising from or in any manner
Draft 5 LOELSeniorCenterAareement 2093 -FINAL Page 2 of 5
connected with the pool or the actions of the Aquatics Coordinator.
15. Except as provided in paragraphs 10 and 13 of this Agreement, City shall be obligated
only to provide the necessary space and maintenance as described within this
Agreement. All other expenses of operation of the senior program shall be the
responsibility of LOEL.
16. LOEL agrees to operate the senior program on a not-for-profit basis. Charges or fees for
such services shall be adjusted with the intent to make such charges or fees reflect the
actual cost of operation and overhead of the facility. The LOEL Senior Center at
Hutchins Street Square shall be operated during the same business hours as LOEL's
existing Center.
17. INDEMNITY: LOEL agrees to indemnify and hold harmless City and its officers, agents
and employees from and against all claims of whatever nature arising from any act,
omission, or negligence of LOEL or LOEL's contractors, licensees, agents, servants, or
employees, or arising from any accident, injury, or damage whatsoever caused any
person, or to the property of any person, occurring during the term hereof, in or about the
demised premises where such accident, damage, or injury, including death, results, or is
claimed in whole or in part to have resulted, from any act or omission on the part of LOEL
or LOEL's agents or employees. This indemnity and hold harmless agreement shall
include indemnity against all costs and expenses, including attorney's fees incurred in or
in connection with any such claim or proceeding brought thereon and the defense
thereof.
City agrees to indemnify and hold harmless LOEL and its officers, board members,
agents and employees from and against all claims of whatever nature arising from any
act, omission, or negligence of City or City's contractors, licensees, agents, servants, or
employees, or arising from any accident, injury, or damage whatsoever caused any
person, or to the property of any person, occurring during the term hereof, in or about the
demised premises where such accident, damage, or injury, including death, results, or is
claimed in whole or in part to have resulted, from any act or omission on the part of City
or City's agents or employees. This indemnity and hold harmless agreement shall
include indemnity against all costs and expenses, including attorney's fees incurred in or
in connection with any such claim or proceeding brought thereon and the defense
thereof.
18. GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: LOEL agrees to
maintain in full force during the term hereof a policy of general liability insurance under
which LOEL is named as insured, and containing an additional named insured
endorsement naming City, its elected and appointed boards, commissions, officers,
agents, employees and volunteers as additional insured, and under which the insurer
agrees to indemnify and hold LOEL and City harmless from and against all costs,
expenses, and liability arising our of, or based upon, any and all property damage, or
damages for personal injuries, including death, sustained in accidents occurring in or
about the premises, where such accident, damage, or injury, including death, results, or
is claimed to have resulted, from any act or omission on the part of LOEL, or LOEL's
agents or employees. The minimum limits of such insurance shall be $5,000,000 (five
million dollars). In addition to the additional named insured endorsement on LOEL's
policy of insurance, said insurance policy shall be endorsed to include the following
language:
"Insurance as is afforded by the endorsement for
additional insured shall apply as primary
insurance. Any other insurance maintained by
Draft 5 LOELSeniorCenterAgreement 2013 -FINAL 1.99 eniGFGenW- gT,9e E?nt 20e3final Page 3 of 5
the City of Lodi or its officers and employees
shall be excess only and not contributing with
the coinsurance afforded by this endorsement"
19. A duplicate or certificate of said public liability and property damage insurance policy
containing the above -stated required endorsement shall be delivered to City within ten
(10) days after the issuance and each renewal of said policy.
20. LOEL shall take out and maintain during the term of this Agreement, Worker's
Compensation Insurance for all of the LOEL's employees employed to perform work in
the programs described herein. A waiver of subrogation for workers compensation is
required.
21. In the event of a cessation of operation or abandonment of the Senior Center at Hutchins
Street Square program by LOEL for a period exceeding thirty (30) days, City may, in its
sole discretion, deem this Agreement null and void.
22. Any notice required to be given by the terms of this Agreement shall be in writing signed
by an authorized representative of the sender and shall be deemed to have been given
when the same is personally served or upon receipt by express or overnight deliver,
postage prepaid, or in three (3) days from the time of mailing if sent by first class or
certified mail, postage prepaid, addressed to the respective parties as follows:
City shall be: City Manager
P.O. Box 3006
Lodi, CA 95241-1910
With a copy to: Parks, Recreation and Cultural Services Director
Hutchins Street Square
125 S. Hutchins Street
Lodi, CA 95240
LOEL shall be: LOEL Foundation
105 S. Washington St.
Lodi, CA 95240
23. This Agreement shall be construed in accordance with the laws of the State of California.
24. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect
the remaining terms of this Agreement, which shall continue in full force and effect.
25. This Agreement constitutes the entire understanding and agreement between the parties
hereto. There shall be no modifications without the written consent of both parties.
Draft 5 LOELSeniorCenterAgmement 2013 -FINAL Page 4 of 5
Executed this -1-1
day of , 2013 at Lodi, San Joaquin County, California.
CITY OF LODI, a municipal corporation LOEL FOUNDATION
Konradt Bartlam
City Manager
ATTEST:
Randi Johl
City Clerk
Dated:
Approved as to Form:
D. Stephen Schwabauer
City Attorney
By: Janice D. Magdich
Deputy City Attorney
Draft 5 LOELSeniorCenterAgreement 2013 -FINAL Page 5 of 5
RESOLUTION NO. 2013-125
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING AGREEMENT WITH LOEL FOUNDATION TO
OPERATE HUTCHINS STREET SQUARE SENIOR CENTER
WHEREAS, currently Lodi has two independently operating senior centers,
1) LOEL Center, which provides nutrition, educational and recreational services at
105 S. Washington Street; and 2) City of Lodi's Senior Center at Hutchins Street Square,
which also provides educational and recreational services; and
WHEREAS, the founding of the centers are the result of the generosity of the late
William Holz, who funded both centers in life and in death; and
WHEREAS, City and LOEL Center staff believe the community seniors can be
better served by a consolidation of services under the direction of the LOEL Center; and
WHEREAS, staff members from both centers have drafted an agreement (on file
in the City Clerk's office) that would allow the LOEL Center to operate Hutchins Street
Square Senior Center beginning July 1, 2013.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve an Agreement between the City of Lodi and the LOEL Foundation to operate
Hutchins Street Square Senior Center for the term beginning July 1, 2013 through June
30, 2016; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute the Agreement on behalf of the City of Lodi.
Dated: June 19, 2013
I hereby certify that Resolution No. 2013-125 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held June 19, 2013, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, and
Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
7�t::7
RANDIJOHL
City Clerk
2013-125