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HomeMy WebLinkAboutC26860 - Eisenhower Medical CtrContract No. C26860 CITY OF PALM DESERT FINANCE DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF FUNDING AGREEMENT BETWEEN CITY OF PALM DESERT AND EISENHOWER MEDICAL CENTER IN THE AMOUNT OF TEN MILLION DOLLARS ($10,000,000) FOR CAPITAL IMPROVEMENTS TO MEDICAL CENTER AND NAMING OF FOURTH FLOOR OF ANNENBERG PAVILION DATE: AUGUST 9, 2007 CONTENTS: FUNDING AGREEMENT Recommendation: By Minute Motion, that the City Council: 1. approve the funding agreement in the amount not to exceed $10,000,000 for the capital improvements at Eisenhower Medical Center; and 2. authorize the Mayor to execute said agreement. Funds have been budgeted in the 2007/2008 fiscal year. Background: Eisenhower Medical Center provides excellent care to the residents of Palm Desert at its facility located in Rancho Mirage. At the Outside Agencies Funding Committee meeting of March 30, 2007, a request was brought before the Committee relative to funding assistance in the amount of $10,000,000 for capital improvements at Eisenhower Medical Center. Funds will be disbursed annually in three disbursements over the course of three years, the first disbursement being in the amount of $4,000,000 upon approval of this agreement. The second and third installments, each in an amount of $3,000,000, would be made in subsequent years. Funds have been budgeted in FY 2007/2008. In recognition of the City's contribution, Eisenhower will name the fourth floor of the new Annenberg pavilion after the City of Palm Desert, and also recognize the City on the Ambassador Society Wall of Honor to be located outside the main front entrance to the Staff Report Approval of Funding Agreement for Eisenhower Medical Center August 9, 2007 Page 2 of 2 hospital. Various health screenings will also be offered to residents each month as well as several health seminars in a variety of topics. Staff requests that the City Council approve the funding agreement as presented and authorize the mayor to execute same. Submitted by: Paul S. Gibson Director of Finance/City Treasurer Approval: Carlos L. Ort City Manager ZITY COUNCyk ACTION: APPROVED ur sir RECEIVED OTHER MEETI DATE K-7 -p. 1 AYES : rilloV 1, al rl i<P1Ly NOES: ABSENT: I -PI. 7 ) ABSTAIN : Ntne VERIFIED BY• Coln )riginal. on File wi h City Clerk's OffirE * Approved the recommendations with the proposed amendments to the agreement specified by the City Attorney. 4-0 (Ferguson ABSENT) G:\Finance\Niamh Ortega\Staff Reports\approval of funding - Eisenhower 080907.rtf EISENHOWER MEDICAL CENTER CHAIRMAN EMERITUS June 6, 2007 Mrs.I;nb(llolnres)Hope CHAIRMAN Harry R4.C;oldstein PRESIDENT/CEO G.Aiibrey Serfling Mr. Paul Gibson BOARD OF DIRECTORS Finance Director/Treasurer Charizs L.Big;;s w;;�;,m�_, cz���r,, City of Palm Desert James: Cul:en Mrs.Ger�1d(Betty)Ford 73-510 Fred Waring Drive aoh:�z-,�v.Gebhari,MD palm Dcsert, CA 92260 '1'hornas J.Gordon Alan 1.Greene lohn E Grundhofer Fob�n C Ha.wk Dear Paul, Wa�ne A�..Hofiman Richard L.i:ncwlton �°"„M '�"�`' Enclosed you will find a draft agreement betwecn Eisenhower ;oF.,L,rn�c�,i;, x�;,�zch A.�Telkt�s Medical Center and the City of Palm Desert for the City's generous $1 OM Kenneth M.Novack Wllliam f�'.Osterman,eX or�rio support. I have used wording that was taken from previous agreements Charles L.Paebler,Jr. Carol�wanson Price that we have had with two other cities but defer to you and the City's Creg P.Renker attorney for additions or deletions. Robert J.Ri;hwain,ex officio lohn Schwarzlose,ex officio Charlie Sha:ffer,MD Micharl S.Shannon I intend to be on vacation from June 21 s`through the 30`h, Alvin V.Shoemaker howevcr I believe this agreement is intended for signatures in early July. Stephen R.Steele,DO,ex oHido + Florenct LeroyTallent,�o�o0 1f you and I can make contact regarding the specifics of the agreement Lissa Ncel Wagner BOARD OF 7'RUSTEES before I depart I would appreciate that. Directors nre nlso Trustees Wa11i�Annenberg Also attached please find a copy of the letter that I sent to the City Mrs.Gene Qackie)Autry Swan Ford Bales Council. Our deep appreciation goes to you and your entire staff. Lawrence R.Bamett Marvin B.Brooks,MD John C.Danforth Joaquin llelgado S111C , Julie Nixon F.isenhower Jcel Fixher Joseph A.Gibbs William A.Hall Joel Hirxhberg,MD Philip E.Hixon Michael Landcs I.ois U.Horvit� James Houston President, Foundation Reid Jenkins Mark F.Kaufman,MD Cargill MacMillan,►r. Kevin McGuirc Robert W.Murphy,MD ML:rr Stanley C.Pace S.William Pattis Edward S.Redstone Harry S.Rinker EIICIOSUCeS William G.Salatich Karl A.Schulz,MD James Shea Milann Sic�fried Mr�.Frank(Barbara)Sinatra Peter Solomon Alex G.Spanos Douglas A.York Robert Limmer IN MEMORIAM The tionorable Walt�H.Acuiaibag F:onorary Chairman f3ob}-1op; Pounder Trustee 3900o Bob Hope Drive/IZancho Mirage,California 9zz�o/�60-34�-391I/z�ru�w.emc.org FUNDING AGREEMENI' THIS AGREEMENT (the "Agrecment") is executed on , by and between the CITY OF PAI�M DESERT, a charter city in the State of California (thc "City"), and the Eisenhower Medical Center, a not-for-profit entity, located at 39000 Bob Hope Drive, Rancho Mirage, California ("Eiscnhower"). RECITALS WHEREAS, the City and Eisenhower recognize the importance of inedical care in a community such as the City, whose population continues to grow, and also recognize the role that one of the best hospitals in the United States plays in thc health care necds of residents both within the City and throughout the Coachella Vallcy; and WHEREAS, the City desires and intends to provide financial assistance to Eisenhower for its capital improvements and the greatest needs of the medical center; and WHEREAS, Eisenhower recognizes that a mutually beneficial relationship with the City will improve Eisenhower's ability to become a leading medical center for the citizens of the City and the citizens of the Coachella Valley. NOW, THEREFORE, IT IS AGREED as follows: 1. The City Payment to Eisenhower. The City shall pay to Eisenhower thc sum of Ten Million Dollars (�10,000,000) in accorda�lce with and subject to the tern�s and conditions set forth hereinafter. The City and Eisenhower agrce that all funds will be used at the discretion of the Eisenhower Medical Center Board of Directors for the improvement of healthcare services and facitities at Eisenhower Medical Centcr. The payment of funds to Eisenhower hereunder shall be made as follows: (a) First Disbursement. The City shall disburse Four Million Dollars ($4,000,000) (the '`First Payment") to Eisenhower within fifteen (15) calendar days following execution of this Agreement by all parties but no later than August 31, 2007. Page 1 (b) Sccond Disbursement. The City shall disburse Three Million Dollars ($3,000,000) (the "Second Payment") to Eisenhower no later than July 31, 2008. (c) Third Disbursement. The City shall disburse Three Million Dollars ($3,000,000) (the ""I'hird Payment") to Eisenhower no later than July 31, 2009. 2. Term. This agreement shall remain in full force and effect until payments are complete. 3. Reco�nition and Services. Eisenhower shall honor the City by naming the entire fourth floor of the new 250-bed Walter and Leonore Annenberg Pavilion after the "City of Palm Desert." ln addition, Eisenhower shall honor the City with recognition on The Ambassador Society Wall of Honor to be located outside the main front entrance to the hospital. Services. In order to empower residents to make the best decisions for their health care needs, Eisenhower Medical Center will offer screenings on a monthly basis by trained licensed professionals. These will include: Blood Pressure & Carotid Artery Checks, Memory Assessments, Cholesterol Screenings, Glucose Screenings, Depression Screenings, Medication & Supplement Evaluations, Joint/Posture Balance Screening, One on One Insurance Counseling and Body Fat Testing. All supported by the staff of the Renker Wcllness Center, Five Star Day Care Center, Center for Healthy Living, Eisenhower Medical Center's Pharmacists, and Occupational Physical Therapist. In addition Eisenhower Medical Center shall oCfer seminars 6 times a year and will include the following topics: Nutrition/Exercise and your Heart, State of the Art Cancer Care... What you need to know, Stoke Prevention, Arthritis, Joint Replacement and How to prevent Diabetes. 4. Administration of Agreement. The City Managcr or his/her designee is hereby authorized to administer this Agreemcnt on behalf of the City and is hereby authorized to make any deterrnination on behalf of the City necessary for implementation of the provisions of this Agreement. 5. Revicws. The City and Eisenhower shall meet oncc a year to review progress and administration of this Agreement. Page 2 G. Indcmnification. Eisenhower agrees to indemnify, dcfend and save harmless the City, and their officials, officers, agents and employees from any and all claims and losses accruing or resulting to any an all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies or any activity in connection with the performance of this Agreement or utilization of funds and for any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged while on the site of the Eisenhower Medical Center facility in Rancho Mirage. 7. Compliance with Law. (a) All work done under this Agreement shall be done in compliance with the applicable provisions of federal, state and local laws. (b) Eisenhower agrccs to comply with all applicable state licensing standards, all applicable accrediting standards and any other standards or criteria established by the state to assure quality of inedical service. (c) This Agreement shall be governed and construed in accordance with the laws of the State of California. (d) Any lawsuits betwcen the parties arising out of this Agreement shall be brought and concluded in the courts of the Siate of California, which shall have exclusive jurisdiction over s such lawsuits. With respect to venue, the parties agree that this Agreement is made in and will be performed in Riverside County and any and all actions shall be filed and heard in the courts within Riverside County. 8. Complete A�reement. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subjcct matter of this Agrecment shall be deemed to exist or to bind any of the parties hereto. This Agreement supersedes all previous agreements, if any, between the parties. Pa�e 3 9. Amendments. Any alterations, variations, modifications or waivcrs of provisions to this Agreement shall be valid only whcn rcduccd to writing duly signcd by all parties and attachcd to the original of this Agreement. 10. Assi ability. Eisenhower shall not assign any interest in this Agreement without the prior written consent of the City, and any attempted assignment without such consent shall be void. Written consent shall not be unreasonably withheld. This Agreement binds the devisces, assigns and succcssors of Eisenhower. 11. Force Majure. Whenever performance is required of the City or Eisenhower hereunder, that party shall use all due diligence and take all necessary measures in good faith to perform, but if completion of performance is delayed by reasons of floods, earthquakes or other acts of God, war, civil commotion, riots, strikes, picketing, or other labor disputes, damage to work in progress by casualty governmental actions, including those of the City (provided that the City's actions shall not excuse their performance) or by other cause beyond the reasonable control of the party (financial inability excepted), then the specified time for performance shall be extended by the amount of the delay actually so causcd. 12. Time is of the Essence. Time is of the essence in this Agreement. 13. Severabilitv. If any non-material provision of this Agreemcnt is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement which shall be enforced as if such invalid or unenforccable provision had not been contained herein. 14. Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, thc communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return Page 4 reccipt, after deposit in the United Stated mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to City: City of Palm Desert Attn: City Manager 73-510 Fred Waring Drivc Palm Desert, CA 92260 With copies to: City Attorney (At the Same Address as Above) If to Eisenhower: Eisenhower Medical Center President, Foundation 39000 Bob Hope Drive Rancho Mirage, CA 92270 (c) Any parly may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. IN WITNESS WHEREOF, this Agreement has been executed by thc parties hereto on the date first above written. CITY OF PALM DESERT EISENHOWER MEDICAI, CENTER By: By. -_5—� � � t O •D�- Richard Kelly, Mayor Mich el Landes, President, Foundation By: ATTEST G. Aubrey Sertling, President and Chief Executive Officer By: Rachelle Klassen, City Clerk APPROVED AS TO FORM: By: David Erwin, City Attorney Page 5 Page 1 of�2 Mc Carthy, Justin From: Landes, Michael [mlandesC�emc.org] Sent: Thursday, June 14, 2007 5:13 PM To: Mc Carthy, Justin Justin, Attached, you will find a description of what Eisenhower Medical Center could offer the City's t•esidents....a "Palm Desert Community Wellness Program" by Eisenhowcr. Let me know if I can be of furthen c�lp and keep in touch. Michael From: Heggie,Susan Sent: Thursday,June 14,2007 11:02 AM To: Landes, Michael Subject: Importance: High Eisenhower Medical Center believes the best thing we can provide the residents of Palm Desert is Preventive Screenings and Educational Seminars. These will empower the residents to make the best decisions for their Health CareNeeds. The Screenings would be offered on a monthly basis by trained .licensed professionals. These would include: Blood Pressure & Carotid Artery Checks Staff of the Renker Wellness Center Memory Assessments 5' Day Care Cholesterol Screenings LVN Center for Healthy Living Glucose Screenings LVN Center for Healthy Living Depression Screenings Center for Healthy Living Medication & Supplement Evaluations EMC Pharmacist Joint/Posture Balance Screening Occupational/Physical Therapist One on One Insurance Counseling Center for Healthy Living Body Fat Testing Renker Wellness Center The Seminars could be offered 6 times a year and could include: Nutrition/Exercise and your Heart State of the Art Cancer Care... What you need to Know Stroke Prevention Arthritis Joint Replacement How to prevent Diabetes This list can be expanded on depending on the needs and concerns of the residents of Palm Desert. 6/18/2007