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HomeMy WebLinkAboutE-9 Staff Report - Extension of Lease Agmt for County Covid Testing SiteCONSENT ITEM E-9 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: DECEMBER 21, 2020 SUBJECT: APPROVAL OF AMENDMENT ONE TO THE LICENSE AGREEMENT FOR USE OF NORTH RECREATION CENTER LOCATED AT 340 N. ORANGE PLACE FOR COVID-19 TESTING BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF AZUSA BACKGROUND: Based on the need for additional COVID testing capacity in areas of higher test positivity, the County of Los Angeles requested use of the North Recreation Center (NRC) located at 340 N. Orange Place, Azusa, CA 91702, as a testing site. Subsequently, on August 4, 2020, City Council approved a License Agreement for use of the NRC, which is currently set to expire on 12/31/20. Since opening, over 12,000 tests have been conducted, with over 3500 (30%) of those tests being taken by Azusa residents. Positivity rates have fluctuated from 8% in September to 15% in November. Due to the ongoing and increased number of positive COVID tests in Los Angeles County, the County has requested extending the License Agreement through 6/30/21. The County has expressed great satisfaction with regard to the location including parking, staff availability, and the accessibility to the public at this site. RECOMMENDATION: It is recommended that City Council take the following action: 1)Review and approve the amendment to the license agreement for use of city facilities for COVID testing, by and between the County of Los Angeles and the City of Azusa; and, 2)Authorize the City Manager to execute Amendment Number One to the License Agreement for use of City Facilities, in a form acceptable to the City Attorney, on behalf of the City. APPROVED CITY COUNCIL 12/21/2020 LA County License Amendment One to Agreement: COVID -19 Testing Site December 21, 2020 Page 2 ANALYSIS: On August 4, 2020, City Council authorized a License Agreement (Agreement), with L.A. County, for use of the NRC as a COVID testing site. This Agreement expires on 12/31/20. In order to maintain testing capacity amid the ongoing and increased number of positive cases in L.A. County, the County has requested an extension to the Agreement through June 30, 2021. As in the original Agreement, the operator of the site would oversee the operations within the building, including having approximately ten (10) staff on site, handling their own set up and tear down, and other than chairs, would continue to provide their own equipment. A security guard would continue to be provided by the Operator, during the hours that the testing site is open to the public. Appointments would continue to be made on line and facilitated by the operator. The Agreement includes a provision that it may be terminated by either party with written notice, at least fifteen (15) days prior to the requested termination date. Conditions of the original Agreement will remain in effect, with the exception of the extension of the date of termination of the lease and additional language added to allow the County to extend hours of operation as needed, with e-mail approval from the City. Current hours of use of the facility are from 6 a.m. to 8 p.m., Tuesday through Saturday (testing available from 7 a.m. to 7 p.m.). FISCAL IMPACT: There is no fiscal impact associated with the recommended action. Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) Amendment Number One to the License Agreement for Use of City Facilities 1 AGREEMENT NO.: H-708723 LICENSE AGREEMENT FOR USE OF CITY FACILITIES AMENDMENT NUMBER ONE THIS AMENDMENT NUMBER ONE (hereinafter “Amendment No. 1”) is made and entered into on this 22nd day of December, 2020 (“Effective Date”) by and between the County of Los Angeles (“County”), a political subdivision of the State of California, on behalf of its Department of Health Services (“Department”) and the City of Azusa (“Grantor”), a municipal corporation organized under the laws of the State of California, on behalf of its Community Resources Department. RECITALS WHEREAS, Grantor is a municipal corporation organized under the laws of the State of California, with power to own and operate facilities of various kinds and authorize the use of such facmilities by other public entities and private parties; and WHEREAS, on March 4, 2020, the County's Board of Supervisors (hereinafter “Board”) declared a Local and Public Health Emergency (hereinafter "Health Emergency") following the introduction of COVID-19 cases in Los Angeles County; and WHEREAS, following such declaration of the Health Emergency, the County has established and continues to establish COVID-19 testing sites for the preservation of public health and safety; and WHEREAS, as a result of such Health Emergency, (i) County desires to use the Facilities for operating a site for and managing COVID-19 related testing, and (ii) Grantor has no use for the Facilities during the term of this Agreement (as extended by this Amendment No. 1) and, therefore, desires to permit County to use the Facilities for such purposes; and WHEREAS, on August 10, 2020, the parties hereto entered into that certain gratis License Agreement for Use of City Facilities No. H-708723 (hereinafter “Agreement”) for County's use of a certain facility space (hereinafter “Facilities”), as described in the Agreement, for operating a site for and managing COVID-19 testing and related services, which expires on December 31, 2020; and WHEREAS, the parties desire to extend the term of the Agreement until and through June 30, 2021 for continued use of the Facilities pursuant to its terms and to memorialize any other changes as may be set forth herein; and WHEREAS, the Agreement provides that such changes may be made by mutual written consent of the authorized representatives of both parties. NOW, THEREFORE, in consideration of the foregoing Recitals, the agreement of the parties as set forth herein and in consideration of the terms and conditions specified herein, the parties agree as follows: 1.This Amendment No. 1 shall be effective upon execution. 2.The Agreement is hereby incorporated by reference, and all of its terms and conditions, including capitalized terms defined herein, shall be given full force and effect as if fully set forth herein. 3.To allow the parties the flexibility to modify the Hours of Use (as defined in the Agreement) of the Space, Section 1.1 (Scope of Use) of the Base Agreement is deleted in its entirety and replaced with revised Section 1.1 (Scope of Use) to read as follows: Attachment 1 2 “1.1 SCOPE OF USE Grantor hereby grants to County, including its officers, employees, agents, contractors and volunteers, as well as County’s patients, clients, invitees, visitors and other users of the Facilities (“Users”), during the term of this Agreement, the right to enter into, occupy and use the Facilities. Permissible uses of the Facilities by County and the Users include testing related to COVID-19 and supporting tasks. Unless otherwise agreed to in writing by the authorized representatives of the parties, County and the Users shall have access to the Facilities during the following Hours of Use: 6:00 a.m. to 8:00 p.m., Tuesday through Saturday. Notwithstanding these specified Hours of Use, County and Grantor may agree in writing to different Hours of Use, including time periods and/or days, for permissible uses of the Facilities by County and the Users.” 4. To extend the term of the Agreement, Section 2 (Term) of the Base Agreement is deleted in its entirety and replaced with revised Section 2 (Term) to read as follows: “2. TERM The term of this Agreement shall commence upon the Effective Date (as defined above) and shall continue in full force and effect until and through June 30, 2021 ("Expiration Date"), unless sooner terminated as provided herein below or extended upon mutual agreement of the parties.” 5. County’s Administration Section under Exhibit B (Administration of Agreement) to the Agreement is deleted in its entirety and replaced with revised County’s Administration Section, attached hereto and incorporated by reference. 6. Except as otherwise specifically amended herein in this Amendment No. 1, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 3 IN WITNESS WHEREOF, County and Grantor by their authorized signatures have caused this Amendment No. 1 to be effective on the date first above written. COUNTY OF LOS ANGELES DEPARTMENT OF HEALTH SERVICES By Authorized Signature Name Title GRANTOR: CITY OF AZUSA By Authorized Signature Name Sergio Gonzalez Title City Manager EXHIBIT B ADMINISTRATION OF AGREEMENT COUNTY’S ADMINISTRATION AGREEMENT No. H-708723 COUNTY’S PROJECT DIRECTOR: Name: Julio C. Alvarado Title: Director, Contracts and Grants Division Address: 313 N. Figueroa Street, 6th Floor East, Los Angeles, CA 90012 Telephone: (213) 288-7819 Facsimile: (213) 250-2958 E-Mail Address: jalvarado@dhs.lacounty.gov *COUNTY’S PROJECT MANAGER: Name: Clemens Hong, MD Title: Director, Whole Person Care Address: 313 N. Figueroa Street, 9th floor, Los Angeles, CA 90012 Telephone: (617) 640-3454 Facsimile: E-Mail Address: Chong@dhs.lacounty.gov *Notices shall be sent to County’s Project Manager, with a copy to County’s Project Director.