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HomeMy WebLinkAboutC-3 Staff Report - Amended and Restated Space Use Agmt with LAC for COVID Testing Amendment 3CONSENT ITEM C-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES DATE: DECEMBER 19, 2022 SUBJECT: APPROVAL OF AMENDED AND RESTATED FACILITIES USE AGREEMENT AMENDMENT No. 3 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 12/31/22. COVID positivity rates at this high performing site have fluctuated over time. L.A. County positivity rates for the week prior to Thanksgiving were 16.4% and Azusa has historically trended higher. A total of 39,622 tests have been performed at this site during the period of 9/1/21 through 8/31/22. 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 for an initial three-month term and then on a month to month basis through 7/31/23. 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. 3 for use of city facilities for COVID testing, by and between the County of Los Angeles and the City of Azusa; and, APPROVED SPECIAL CITY COUNCIL 12/19/2022 LA County Facilities Use Agreement: COVID-19 Testing Site December 19, 2022 Page 2 2) Authorize the City Manager to execute the Amended and Restated Facilities Use Agreement Amendment No. 3 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 6/30/22 June 20, 2022 Amendment Two through 12/31/22 This particular site is a high performing site, and tests hundreds of people per day. The site already has name and location recognition within the community. Latest L.A. County Public Health positivity rates (for the week before Thanksgiving averaged about 16.4%. Historically, the Azusa area positivity rate has trended higher than the overall County rate. 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. 3 through July 31, 2023, for an initial three-month term and then 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 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. 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 December 19, 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. 3 for Use of City Facilities 1 AGREEMENT NO.: H-708723 AMENDED AND RESTATED FACILITIES USE AGREEMENT A&R AMENDMENT NO. 3 This Amendment Number Three (hereinafter “A&R Amendment No. 3” or “Amendment) to the Amended and Restated Facilities Use Agreement (hereinafter “A&R Agreement”) is made and entered into on this day of December, 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, the Agreement was subsequently amended to extend the term until and through December 31, 2022; and WHEREAS, the parties now wish to extend the term of the Agreement until and through March 31, 2023 with up to four (4) 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 Amendment shall be effective upon execution. Attachment 1 2 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 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 March 31, 2023 (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 four (4) months (hereinafter “Extended Term”), unless either party notifies the other in writing of its intention not to 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. 6 to account for the extension period added under this Amendment, which is attached hereto and incorporated herein and into the Agreement by reference. 5. Except as otherwise specifically amended herein in this Amendment, 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. 3 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. 6 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: January 1, 2023 – March 31, 2023, or until the Agreement is automatically extended on a month-to-month basis (no later than through July 31, 2023) 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