QQQQ 960227 PINK File Reference Number: 4652-3 TT 960229 2 ADMINISTRATIVE REPORT Date: February 27, 1996 Dept. File No. C611 TO: Vancouver City Council FROM: Manager of Non-Market Housing, in consultation with the Director of Legal Services and the General Manager of Human Resource Services SUBJECT: Transfer of Cordova House Continuing Care Facility to The Wilberforce Cooper Care Society RECOMMENDATION A. THAT Council approve the transfer of the operation of Cordova House from the City to The Wilberforce Cooper Care Society (WCCS) effective April 1, 1996 or as soon as possible thereafter on the following terms and conditions: 1. The City transfer the non-fixed capital assets situated at Cordova House valued at $153,940 (depreciated value at December 31, 1995 as shown in Appendix A attached hereto) plus other physical assets not on inventory but in the facility, excluding residents' personal belongings, be transferred to the WCCS for the nominal fee of $1.00. 2. Accumulated operating surplus to cover 100% of real liabilities (vacation, gratuity, statutory and compensating time) and 50% of contingent liabilities (sick leave) for employees who transfer to WCCS estimated as $118,097 as at February 1, 1995 be transferred to WCCS. Source of funds to be from combined accumulated surpluses of Taylor Manor and Cordova House. 3. WCCS offer employment to all City employees whose worksite is Cordova House (except the Administrator for whose services WCCS proposes to contract with the City for 12 months). 4. The City contract to WCCS the services of the Administrator for 12 months, subject to his continued availability. 5. The City assign to WCCS obligations for administering the Operating Agreement dated April 25, 1975, with BC Housing and Canada Mortgage and Housing, and the General Manager of Community Services be authorized to sign the Amending Agreement. 6. The City give notice to the Ministry of Health, Vancouver Health Board and Community Care Facilities Licensing that the City of Vancouver will cease to operate Cordova House, effective the transfer date. 7. The City assign, convey or transfer to the WCCS such other interests, obligations and documentation including the food service contract, personnel records and residents files and trust funds, as deemed appropriate by the General Manager of Community Services, effective the transfer date. 8. The WCCS enter into a new operating agreement with the Ministry of Health, Continuing Care Division, and apply for a new license from Community Care Facilities Licensing. 9. The City indemnify WCCS for any liabilities which might arise from events occuring prior to the transfer date. When the City operated Cordova house, liabilities were covered by the City's self-insurance program. Accordingly, the City would cover liabilities incurred prior to the transfer date and would indemnify WCCS for these liabilities. (Staff are unaware of any potential claims which predate the transfer date.) 10. Such further and other arrangements as seen on appropriate to the General Manager of Community Services and the Director of Legal Services. B. THAT Council authorize the General Manager of Community Services and/or the Director of Legal Services to execute the necessary documentation to effect the above recommendations. No legal obligation shall arise until the documentation is fully executed. C. THAT Council instruct the General Manager of Community Services to report back on options to deal with the shortfall in administrative fees. GENERAL MANAGER'S COMMENTS The General Manager, Community Services RECOMMENDS approval of A, B and C. COUNCIL POLICY There is no applicable Council policy. PURPOSE This report recommends that Council approve the transfer of the sixty-six-bed City-operated continuing care facility Cordova House to The Wilberforce Cooper Care Society, effective April 1, 1996, or as soon as possible thereafter, on the terms and conditions negotiated to the satisfaction of the General Manager of Community Services and the Director of Legal Services. BACKGROUND On April 25, 1975, the City signed an agreement with the Province, CMHC and GVRD to develop and operate housing for hard-to-house residents of the Downtown Eastside. Since 1978, Cordova House has been operated by the City and is licensed under the Community Care Facilities Licensing Act. Cordova House is owned by the Federal and Provincial Governments (CMHC and BCHMC). Cordova House operates at no cost to the City with funding from the Ministry of Health, the Federal/Provincial Housing Partnership and resident user fees. On November 14, 1995, Council approved the transfer of the Vancouver Health Department to the Vancouver Health Board, effective January 1, 1996. As a result, the City decided to withdraw from health services, and an alternative operator for the City-operated continuing care facilities Taylor Manor and Cordova House had to be identified. DISCUSSION 1. Transfer to a Non-profit Society Options considered were transfer to the Vancouver Health Board; creation of a new non-profit society; or transfer to an existing non-profit society. The Vancouver Health Board was not prepared to manage any care facilities. Creating a new society was contrary to the objectives of health regionalization which includes integration, consolidation and mergers. Consequently, transfer to an existing non-profit society experienced with continuing care was deemed to be the best solution and was the preferred option of the Vancouver Health Board. As the assets were purchased from Provincial and Federal funds, the City has not incurred costs in building or operating Cordova House and would not expect to receive compensation for the transfer of the facility and its assets. 2. The Wilberforce Cooper Care Society Interest in assuming responsibility for Cordova House was explored with several facilities within the same Community Health Committee region. WCCS seems to be the best "fit" since its facility, Cooper Place, is an accredited continuing care facility for seniors located on the same City block as Cordova House. The geographic proximity would be an advantage for service integration. The WCCS is experienced and dedicated with a strong focus on the importance of quality care for the residents. Their Mission, Process, Purpose and Philosophy are attached as Appendix B, for Council's information. WCCS is also an equal opportunity employer that provides training and development for its employees. The WCCS is financially healthy with a Board that takes its responsibilities seriously. WCCS has agreed to include on its Board, representation for Cordova House. The WCCS Board presently has representatives from St. James Social Services, First United Church, and a Provincial Government appointee. They propose to request two more government appointments for which their Constitution and By-laws provide. They would recommend that these appointees have knowledge and experience with problems common to the Cordova House clientele such as alcohol and drugs, mental health and complex behavioural problems, and will instruct their Nominating Committee accordingly. It is expected that these appointees will be confirmed at their Annual General Meeting in June. 3. Transfer of Operating Agreement At the City's request, BCHMC and CMHC will amend the Operating Agreement to transfer the administration of Cordova House to WCCS. The City must agree to assign responsibility to WCCS, and the General Manager of Community Services should be authorised by Council to sign the Amending Agreement. The land and buildings are owned by the BCHMC and CMHC partnership, which subsidizes the building and maintenance costs of the operations. 4. Transfer of Capital Assets The physical assets located at Cordova House including a vehicle, computers, beds, dishes and floor polishers, were purchased with funds from BCHMC or the Ministry of Health and should transfer with the facility. The inventory of capital assets appended is not comprehensive and only includes items with a capital value of $500 or more. The December 1995 depreciated value of these items are $153,940. The remaining physical assets while not listed on the inventory and not valued, have also been purchased with Federal and Provincial monies and should remain with the facility. Accordingly, WCCS shall pay the City only a nominal fee for the transfer of all capital assets. 5. Transfer of Accumulated Surplus During the years of operating Cordova House, the City had accumulated a healthy surplus. Funds from this accumulated surplus were approved in 1993 and 1994 to sprinkler the building, purchase a paratransit vehicle and computers. At the end of 1995, there were $176,891 remaining in the surplus. Taylor Manor, the other City-operated continuing care facility which is being transferred to a different non-profit society, also has an accumulated surplus but has been drawing down its surplus due to a sustained vacancy of two to three beds for the last two years because of the building's inadequacies for increasingly frail intermediate care clients. Taylor Manor has only $29,301 remaining in its accumulated surplus as at December 31, 1995. In the City's negotiations with the two non-profit societies, it has become clear that the societies require indemnification from liabilities accumulated by the City. The City has accumulated both real and contingent liabilities for which no accruals were made. The value of the total vacation, sick and other leave accumulated for Cordova House as at December 31, 1995 is $276,507. The value of the owed time for employees who are expected to transfer to WCCS is $201,087. The Ministry of Health's share is $176,795. The B.C.H.M.C.'s share is $24,292. As B.C.H.M.C. has indicated they are prepared to assume responsibility for their share, the $24,292 is not a concern. While the combined Ministry of Health's surpluses of $206,192 as at December 31, 1995, are not sufficient to cover 100% of the combined Ministry of Health's liabilities of $297,694, there is only a shortfall of $6,988 to cover 100% of the real liabilities and 50% of the contingent liabilities for employees expected to transfer. Furthermore, having implemented budget reduction measures in the latter part of 1995 and early 1996, the surplus for the first three months of 1996 should be sufficient to cover the $6,988 shortfall. With the approval of Continuing Care, the City will combine the surpluses of both Cordova House and Taylor Manor and transfer with each facility, sufficient funds to cover all the real liabilities and half the contingent liabilities. This amounts to $118,097 for Cordova House and $95,083 for Taylor Manor. Indications are that the Ministry of Health will fund any exceptional expense such as severance or extended sick leave for employees who have transferred to the societies for which the societies may be unable to pay. 6. Employees The WCCS has advised that with the exception of the Administrator, they intend to offer employment to all the employees of Cordova House. Once the Transfer Agreement is signed, the City will notify its employees of the decision to cease operating Cordova House and WCCS will send offers of employment. Not all employees are expected to accept the offer. Rather, employees with qualifica-tions that are likely to find alternate work with the City may choose to remain with the City. Employees who choose not to accept the offer of employment with WCCS will remain the responsibility of the City. It is expected that those who choose to remain with the City will be easily relocated. During the transition, The WCCS would like to contract for the Administrator's services from the City. It is recommended that Council approve a 12-month contract with The WCCS subject to the continued availability of the Administrator. 7. Formal Notice of Transfer The City should notify the Ministry of Health, the Vancouver Health Board and Community Care Facilities Licensing that the City intends to cease operating Cordova House effective the transfer date and that The WCCS will be applying for a license, an operating agreement and funding. 8. Other Obligations To provide for the transfer of personnel records, resident files, trust funds, insurance, warranties, and contracts, Council should authorize the General Manager of Community Services to convey or transfer to The WCCS such other interests, obligations and documentation as he deems appropriate. 9. Other Terms and Conditions Council should authorize the General Manger of Community Services and the Director of Legal Services to make such further and other arrangements as seem appropriate and one or both to execute the necessary documentation to effect the transfer of the operation of Cordova House. 10. Administrative Fee Charged to Cordova House In 1995, the City received $59,400 from the Provincial Government for the administration of Cordova House. With the transfer to WCCS this income will no longer be available to the City. The General Manager of Community Services will report back on options to deal with this shortfall in April. CONCLUSION With the transfer of the two City-operated continuing care facilities (Cordova House and Taylor Manor) the City will effectively complete their withdrawal as a provider of health services. The City's obligations for Cordova House can be transferred to The Wilberforce Cooper Care Society which is prepared to assume these obligations provided the terms and conditions they require to continue operating the facility are met. This report recommends that Council approve the transfer of the operation of Cordova House to The Wilberforce Cooper Care Society on the above terms and conditions. * * * * *