HomeMy WebLinkAboutE-5 Staff Report - Amended and Restated Space Use Agmt with LAC for COVID Testing Amendment 2CONSENT ITEM
E-5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES
DATE: JANUARY 20, 2022
SUBJECT: APPROVAL OF AMENDED AND RESTATED FACILITIES USE AGREEMENT
AMENDMENT No. 2 FOR USE OF CITY FACILITIES INCLUDING MEMORIAL
PARK LOCATED AT 320 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. This particular testing site has gained name and location recognition in
the community and therefore the License Agreement, which transitioned to Memorial Park, has been
extended several times. The latest Amendment is set to expire 6/30/22. COVID positivity rates at this
high performing site have fluctuated over time but remain higher in the Azusa area (4.2%) than the
average Los Angeles County Public Health positivity rate (3.6%).
The County has expressed great satisfaction with regard to the location including parking, staff
availability, and the accessibility to the public at this site, and wishes to extend again this agreement on a
month to month basis through 12/31/22. The County is also interested in continuing to make flexible the
days, time and specific location of testing, so that they may accommodate the quickly changing needs of
the community.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1)Review and approve the Amended and Restated Facilities Use Agreement Amendment No. 2 for
use of city facilities for COVID testing, by and between the County of Los Angeles and the City
of Azusa; and,
APPROVED
CITY COUNCIL
6/20/2022
LA County Facilities Use Agreement: COVID-19 Testing Site
June 20, 2022
Page 2
2) Authorize the City Manager to execute the Amended and Restated Facilities Use Agreement
Amendment No. 2 for use of City Facilities, in a form acceptable to the City Attorney, on behalf
of the City.
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. As COVID positivity rates in this area have fluctuated but
remained higher than the general Los Angeles County Public Health positivity rate, the following
actions have been approved by City Council:
December 21, 2020 License Agreement Extended through 6/30/21, location Memorial Park
June 21, 2021 Amended and Restated Facilities Use Agreement through 12/31/21
December 13, 2021 Amendment One through 6/30/21
This particular site is a high performing site, and tests 240+ people per day. The site already has name
and location recognition within the community. Latest L.A. County Public Health positivity rates
average about 3.6%, however, the Azusa area positivity rate is 4.2%. Based on these factors, the County
has requested continuance of the use of City facilities through an Amended and Restated Facilities Use
Agreement Amendment No. 2 through December 31, 2022, on a month to month basis.
As in the original Agreement, the operator of the site would oversee the operations, including having
approximately ten (10) staff onsite, 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. The County will also be making a
combination covid/flu test available at this location.
The Agreement includes a provision that it may be terminated by either party with written notice, at least
ten (10) 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 modify days,
hours, and locations, as needed, with e-mail approval from the City.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action.
Prepared by: Reviewed by:
Nikki Rosales Miki Carpenter
Senior Management Analyst Director of Community Resources
LA County Facilities Use Agreement: COVID-19 Testing Site
June 20, 2022
Page 3
Fiscal Review by: Reviewed and Approved by:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachments:
1) Amended and Restated Facilities Use Agreement Amendment No. 2 for Use of City
Facilities
1
AGREEMENT NO.: H-708723
AMENDED AND RESTATED
FACILITIES USE AGREEMENT
A&R AMENDMENT NO. 2
This Amendment Number Two (hereinafter “A&R Amendment No. 2”) to the Amended and Restated
Facilities Use Agreement (hereinafter “A&R Agreement”) is made and entered into on this day of
June, 2022 by and between the County of Los Angeles (hereinafter “County”), a political subdivision of
the State of California, on behalf of its Department of Health Services (hereinafter “Department”), and
the City of Azusa (hereinafter “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 rightful possessor or occupant with a right to transfer use of certain facilities,
premises or other space (hereinafter “Facilities”); and
WHEREAS, on March 4, 2020, County's Board of Supervisors declared a Local and Public Health
Emergency (hereinafter “Emergency”) following the introduction of the Coronavirus Disease 2019
(hereinafter “COVID-19”) cases in Los Angeles County; and
WHEREAS, following such declaration of the Emergency, County has launched COVID-19 testing
efforts and currently operates and/or supports testing and vaccinations at various locations throughout
Los Angeles County for the preservation of public health and safety; and
WHEREAS, on August 10, 2020 (hereinafter “Original Agreement Date”), the parties hereto entered
into that certain gratis Agreement No. H-708723 (hereinafter, together with all amendments thereto,
“Original Agreement”) for County’s access to and use of the Facilities for operating and/or supporting
COVID-19 related activities, including testing, for a term until and through June 30, 2021 (the Original
Agreement, as amended by the A&R Agreement, shall hereinafter be referred to as “Agreement”); and
WHEREAS, on June 30, 2021, the parties entered into the A&R Agreement, which restated the Original
Agreement and extended its term through December 31, 2021; and
WHEREAS, A&R Amendment Number One subsequently extended the term of the Agreement until
and through June 30, 2022; and
WHEREAS, the parties now wish to extend the term of the Agreement until and through September 30,
2022 with up to three (3) one-month term extension options for continued use of the Facilities pursuant
to the terms and conditions of the Agreement 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 A&R Amendment No. 2 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.
Attachment 1
2
3. To extend the term of the Agreement, Section 2 (Term) of the Base Agreement under the
A&R 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 Original Agreement Date (as
defined above) and shall continue in full force and effect until and through September 30,
2022 (hereinafter “Initial Term”), unless sooner terminated as provided herein below or
extended upon mutual agreement of the parties. At the end of the Initial Term, the
Agreement shall be renewed automatically on a month-to-month basis for up to three (3)
months (hereinafter “Extended Term”), unless either party notifies the other in writing of
its intention not renew any further, at least ten (10) days prior to the expiration of the
Initial Term or the then current Extended Term, as applicable.”
4. The Agreement is modified to add Engagement Order No. 5 to account for the extension
period added under this A&R Amendment No. 2, which is attached hereto and incorporated
herein and into the Agreement by reference.
5. Except as otherwise specifically amended herein in this Amendment No. 2, 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 A&R
Amendment No. 2 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 A
AGREEMENT NO. H-708723
ENGAGEMENT ORDER NO. 5
DESCRIPTION OF ENGAGEMENT / EVENT
COVID-19 testing services in the City of Azusa
1. FACILITIES SPECIFICATIONS
FACILITIES NAME:
Memorial Park
Location/Address:
320 N. Orange Place, Azusa, CA 91702
ENGAGEMENT DURATION:
July 1, 2022 – September 30, 2022
Hours of Use:
8:00 a.m. – 4:00 p.m., Monday through Friday
2. ADMINISTRATION OF ENGAGEMENT
COUNTY’S ENGAGEMENT ADMINISTRATOR
GRANTOR'S ENGAGEMENT ADMINISTRATOR
NAME: Miki Carpenter
TITLE: Director of Community Resources
PHONE NUMBER: 626.812.5220
EMAIL: mcarpenter@azusaca.gov
ADDRESS: 320 N. Orange Place
Azusa, CA 91702
NAME: Paula Siler
TITLE: Clinical Nursing Director
PHONE NUMBER: (626) 525-5293
EMAIL: psiler@dhs.lacounty.gov
ADDRESS: 1000 S. Fremont Av., 6th Floor
Alhambra, CA 91803
3. ENGAGEMENT RESPONSIBILITIES
3.1 COUNTY’S RESPONSIBILITIES
In addition to other responsibilities of County and/or in lieu of responsibilities of Grantor
specified in the Agreement, County or its agents will be responsible for the following for the
duration of the Engagement, to the extent applicable to County’s or its agents’ activities at the
Facilities:
1. Providing oversight of County’s operations.
2. Providing set up and shut down operations.
3. Providing biohazardous trash removal.
3.2 GRANTOR’S RESPONSIBILITIES
In addition to other responsibilities of Grantor and/or in lieu of responsibilities of County
specified in the Agreement, Grantor will be responsible for the following for the duration of the
Engagement:
1. Providing venue and site access.
2. Providing for trash pick-up.
3. Providing for no cost parking.
4. Providing to County’s and its partners’ and agents’ staff access to restroom facilities.
APPROVED
COUNTY OF LOS ANGELES
Signature – County’s Engagement Administrator
Julio C. Alvarado
Print Name
Director, Contracts and Grants Division
Title
Date
GRANTOR
Signature – Grantor’s Engagement Administrator
Miki Carpenter
Print Name
Director of Community Resources
Title
Date