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