HomeMy WebLinkAboutAgenda Report - September 7, 1994 (59)cI-nr of LoDI �
COUNCIL COMMUNICATION
AGENDA TITLE: Approval of Contract with Lodi Memorial Hospital for Community
WeRrms/Exercise Programs
MEETING DATE: September 7, 1994
PREPARED BY: Charlene Lange, Community Center Director
RECOMMENDED ACTION: City Council to authorize the City Manager and City
Clerk to execute Lodi Memorial Hospital Community Wellness Program contract on
behalf of the City of Lodi.
BACKGROUND INFORMATION: Lodi Memorial Hospital will rent the swimming pool
at Hutchins Street Square for the purpose of conducting community wellness classes.
Classes include arthritic exercise, i.e., "Twinges in the Hinges", "Road to Recovery"
therapeutic exercises and "prenatal" exercise classes. (see attached contract).
FUNDING: None required.
Charlene J. Lange
Community Center Director
CJI./ty
APPROVED:
THOMAS A. PETERSON
City Maneow
Cr -.1
all
AGREEMENT
RENTAL OF: CITY OF 3LODI FACILITIES AT HUTCHINS STREET SQUARE..
(SWIMMING POOL) FOR COMMUNITY WELLNESS/EXERCISE PROGRAMS.
THIS AGREEMENT, entered into this 1st day of October, 1994 by and between the
CITY OF LODI, a municipal corporation (City), and LODI MEMORIAL HOSPITAL
(Hospital) shall be as follows:
WITNESSM
1. PREMISES.
City hereby grants to Hospital the exclusive use of the swimming pool at Hutchins Street Square,
125 South Hutchins Street, Lodi, California, on Tuesdays and Thursdays (holidays excluded) for
3 hours each Tuesday and Thursday at times agreeable to both the City of Lodi and Lodi
Memorial Hospital. Hospital shall provide the City with 24 hours notice (verbally) if the pool
will not be used. Demised premises shall include only the swimming pool and the adjacent locker
and restroom facilities.
2. PURPOSE.
The goal is to be used for community wellness exercise. programs and/or hospital patients and staff
engaged in providing rehabilitative aquatic therapy. Hospital staff shall have current CPR
certification and be responsible for providing appropriate therapeutic exercise and necessary
supervision.
3. RENT
City shall submit an invoice to Hospital by the 5th of the month with respect to rent incurred in
the previous month. Hospital shall pay City $75.00 for each day of use as provided in Paragraph
1. rent shall be paid by the 15th day of each month. If the 15th day of the month falls on a
holiday or weekend, rent shall be paid on the following business day.
4. TERM
This Agreement shall commence on October 1, 1994 and expire on October 1, 1995. It may
thereafter be renewed or extended on terms mutually agreeable. This agreement may be cancelled
at any time by either party with or without cause upon 30 days written notice to the other party.
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S. RESPONSIBLE PERSONS
Any notim required under this agreement shall be addressed as follows:
1. Responsible party for the City of Lodi
Ann Areida- Hintz
Senior Services Coordinator
Hutchins Street Square
125 S. Hutchins St.
Lodi, Ca 95240
(209) 333-6891
2. Responsible party for Lodi Memorial Hospital
Joseph Harrington
CEO, Lodi Memorial Hospital
975 S. Ham Lane
"',CA 95240
(209) 334-3411
6. INSURANCE
Hospital is required to carry a policy of Comprehensive General Liability Insurance in compliance
with all of the provisions of the "RiA Transfer Requirements for Lease or use of city of Lodi
facilities, attached hereto as Exhibit A and incorporated herein by reference.
7. HOLD HARMLESS
a) Hospital agrees to save indemnify and hold harmless City from any and all claims,
liability or damages of any lrind, including attorneys fees, including those brought by Hospital or
third parties, resulting from operation of said wellness/exercise program, except that which
directly results from dangerous or defective conditions at the pool resulting from failure of the
City to maintain the pool and related facilities in a reasonably safe condition.
b) City agrees to save, indemnify and hold harmless Hospital from any and all liability or
damages of any hind, including attorneys fees, including those brought by City of third parties,
resulting from dangerous or defective conditions at the pool or related facilities existing as a result
of the failure of reasonable safe condition. Notwithstanding other provisions of the agreement,
Hospital shall not be required to insure City against claims, liability and damages resulting from
such causes. City ac6owledges that Hospital is not responsible for the condition, maintenance
or repair of the pool and related premises except to use them in a responsible manner during the
periods of use under this Agreement.
8. STATUS OF PARTIES
No agency or employment relation is intended nor created under this Aggeement and Hospital
shall be deemed an independent contractor.
IN WITNESS THEREOF, the parties hereto have set their hands the day and year first
hereinabove mentioned.
CITY OF LODI, a municipal
corporation
THOMAS A. PETERSON
City manager
ATTEST.
JENNIFER PERRIN
City Clerh
Approved as to Form:
BOB W. MINATT
City Attorney
LODI MEMORIAL hospital
I
CITY OF LODI RISK TRANSFER R1QU1REbUMTS FOR LEASE OR USE OF CITY OF LODI FACILITIES
.1 0 0
1. The City of Lodi bas made arrangemmIts with the American Casualty Company to provide commercial general liability coMaap fur
variotus types of special events which may be permitted on City property or rightwd-way. This inacpensive inswance program has beat desipted
to meet the special needs of the City. • It will be mandatory in moat nam for any individual party or group to purchase this cwnraga as a condition
for conducting their event an City facilities.
Please sea the attached hustrmm Pumbase Guideline far f rdm dbecUm V insu rimee coverage is to be provided fordo City gram a
sato otherthan tie propam described abom the following Risk Transfer Requirements must be and
2. Any individual patty or group (herein to ailed Nessa) lasin& renting or otherwise using City of Lodi facilities. is required to arty a
policy of Compmhe sive Oamal Liability insurance, and must complete a formal application or permit. Processing of applications is handled by
the department responsible for tie facility.
3. A duplicate or catifiate of insurance shall be delivered to the City prior to the use of City ll cilhiM as set forth herein.
140T& I agrees and stipulates tint any insurance coverage provided to the City of Lodi shall provide for a claims period following
termination of coverage which is at last consistent with the claims period or statutes of limitations found in tie California Tort Claims Act
(California Govt. Code < 810 et m q.1
"Claims mac'$ coverage requiring the iusureft to give notice of any potential liability during a time period shorter than that found in the
Tort Claims Ad shall be unacceptable.
4. Each insurance oertifiate sh alt contain satisfactory evidence that each airier is required to give the City of Lodi immediate notice of the
cancellation or reduction in coverage of any policy during the effective period of the use of the Citys facilities.
Each insurance certificate shall state on its face or as an endorsement, the location of and a description of the function that it is insuring.
6. If the City has not approved the insurance certificate and appropriate application or permit prior to the commercement of any portion of
the function, the Citys facilities will not be allowed to be utilized, and any contract or agreement entered into will become null and void.
7. Provided the lase agreement or contract does not prohibit a subtenant, all provisions of these requirements shall apply to an be
construed as applying to any subtenant of the Lessee.
'a 8. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind
the insurance carrier.
37.
9. In each and every instance, the City of Lodi must be named as an additional insured on the face of the insurance certificate or as an
endorsement attached to the insurance certificate. (THE CITY OF LODI MUST BE NAMED THE ADDITIONAL INSURED. NOT HUICHM
STREET SQUARE. PARKS AND RECREATION. OR ANOTHER INDDMUAL OR DEPARTMENT).
10. The address of the Cit tof Lodi must be shown along with No. 9 above, (i.e., Additional Insured, City of Lodi, 221 W. Pine Street, Lodi.
California, 95240}
11. In addition to the Additional Named Insured Endorsement on Lessee'': policy of insurance, said insurance policy shall be endorsed to
include the following language:
"Such kstuance as is afforded by the endonsenterut for the Additional Insureds shall apply as primary insurance. Any other
insurance maintained by the City of Lodi or its otlicers and employes shall be excess only and not contributing with the
coinsurance afforded by this cnAorsanent'
12. The combined single limits for bodily injury and property damage shall not be less than S 1,000,000 each occurrence. If alcohol is to be
consumed or sold at the La's event, then liquor liability coverage UM be provided.
13. The Policy effective date and expiration dati must coincide with and span the datc(s) of the event being insured.
14. If the limits of coverage rue not the amounts specified in Section I 1 and 12 above, and/or if the City is not named as an additional
insured or the insurance certificate, not in conformance with the requirements of Paragraph 3 above. the City will not accept the insurance
certificate, and a corrected certificate must be furnished to the City prior to any use of City facilities.
15. If a corrected insurance certificate and appropriate application or permit is not received by the City of Lodi prior to the use of City
facilities. the City will not allow the facilities to be used, and any agreement or contract entered into will became null and void.
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