PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 04/05/21
SUBJECT:
TITLE
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO RATIFYING A FIRST AMENDMENT AND APPROVING A SECOND AMENDMENT TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN PABLO AND CONTRA COSTA COUNTY HEALTH SERVICES PERTAINING TO MUTUAL AID ASSISTANCE PROVIDED TO RESPOND TO THE COVID-19 PANDEMIC TO ALLOW THE USE OF CITY FACILITIES FOR COVID TESTING AND VACCINATIONS AS APPROVED BY THE CITY MANAGER
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CITY MANAGER RECOMMENDATION
Adopt Resolution
Body
Compliance statements
FY 2019-21 Council Priority Workplan
The COVID-19 pandemic was proclaimed a federal, state and City (local) emergency in March 2020 via City Council Resolution 2020-123. Although this Agreement isn’t related to a specific policy goal contained in the FY 2021-23 City Council Priority Workplan, effective March 15, 2021, it responds to the public health emergency.
CEQA Compliance Statement
Not a project as defined by CEQA.
BACKGROUND
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency to exist in California as a result of COVID-19. Following this declaration, on March 10, 2020, the County Board of Supervisors declared the existence of a local emergency throughout Contra Costa County caused by the introduction of COVID-19. Subsequently, on March 16, 2020, the City Council adopted Resolution No. 2020-123 proclaiming a local emergency to exist in the City of San Pablo due to the COVID-19 Pandemic. Furthermore, on March 22, 2020, the federal government approved a Major Disaster Declaration for the State of California in connection with COVID-19 and ordered federal funding available to state, tribal and local governments for emergency protective measures, including direct federal assistance to bolster California's COVID-19 emergency response efforts.
Request by County Health Officials to City of San Pablo for a Testing Site
In early September 2020, County Supervisor Gioia and Contra Costa County Health Services (CCCHS) officials contacted the City Manager’s Office to discuss the feasibility of using a City facility for a COVID-19 Testing Site due to the impending closure of the COVID-19 Temporary Testing Site, located outdoors at the West County Health Center, at 13601 San Pablo Avenue in San Pablo. Due to inclement weather concerns and access for continued public health testing, an indoor, more permanent and secure location in San Pablo was sought to address the ongoing need for providing COVID-19 testing requirements for the public during the pandemic. On November 2, 2020, the request from CCCHS officials was reviewed by the City Council COVID-19 Ad-Hoc Subcommittee (Cruz; Pineda) who met with the City staff and ultimately recommend that an agreement be drafted to use the Davis Park Multi-Purpose Room as a COVID-19 Testing Site.
County BOS and City of San Pablo Approval of Initial MOA
On November 10, 2020, the Contra Costa County Board of Supervisors adopted the Memorandum of Agreement (MOA) and forwarded it to the City for formal consideration.
On November 16, 2020, the City of San Pablo adopted the MOA (Resolution 2020-143) for the use of the Davis Park Multi-Purpose Room as a COVID testing site from November 17, 2020 through June 30, 2021 (Attachment 2).
Amendments of Initial MOA
• First Amendment: On November 19, 2020, the MOA was amended administratively to reflect an hour change under Section 2, “Use of Premises.” (Attachment 3). “Should County desire to change the days and hours of the operation, County shall seek the written approval of the City Manager in advance, which shall not be unreasonably withheld.”
• Second Amendment: With the COVID vaccine being available and continuing high COVID cases in San Pablo, County staff requested the use of City facilities for “mobile” vaccine sites, including six (6) mobile vaccine clinics to be provided by Contra Costa County between April 6, 2021 through June 30, 2021 at the San Pablo Senior Center, located at 1943 Church Lane. (Please note all six (6) mobile clinic dates are being finalized between CCCHS and City staff following adoption of the MOU amendment by the City Council as outlined below) (Attachment 4). Additional revisions in the proposed Second Amendment are discussed below:
• Section 1, “Term.” Section 1, “Term” is amended to extend the Agreement through September 30, 2021, with the San Pablo City Manager continuing to be delegated the authority to extend the Agreement if the Parties mutually agree in writing.
• Section 2, “Use of Premises.” Section 2, “Use of Premises” is amended to provide that “Premises” shall be defined to include any City-owned facility for which the Contra Costa Health Services Director or designee and the San Pablo City Manager agree in writing to use for COVID-19 testing, vaccination or other COVID-19 public health purposes. This flexibility in the City facilities to be used and delegation to the City Manager, will provide the flexibility necessary to respond to the ever-changing needs during the COVID pandemic.
• Section 2.i, “City Staff.” Section 2.i. is added to the Agreement:
City Staff. If City staff is available to assist County testing or vaccination operations by mutual agreement of the Parties, they will do so only as ancillary, disaster service workers. If present, City staff will be responsible for opening and closing of the Premises. County shall remain solely responsible for the provision of health and medical services, as well as sanitation and janitorial services.
• Section 2.j, “Insurance.” Section 2.j. is added to the Agreement
Insurance. County shall ensure that any Contractor at the Testing or Vaccination Site shall not have access to Premises until either the County or the Contractor provides the City with a certificate of insurance and additional insured endorsement acceptable to the City with the following insurance coverage to be maintained throughout the term of the Agreement.
FISCAL IMPACT
Given the public health purpose of the COVID-19 Testing, the City has agreed to the use of the Testing Site by CDPH and its Contractors, at no cost, through the term of the MOA. The City calculates the deferred value of the use of the COVID-19 Testing Site at Davis Park to be $7,700 per month, consistent with the Premises rental fees as provided for in the City's current adopted Master Fee Schedule. In addition, the City will provide additional staff members to support the six (6) mobile vaccine clinics, the cost of which will be absorbed out of the salaries section of the Recreation portion of the Community Services Department. The City will attempt to recoup that deferred income through the FEMA reimbursement process.
Attachments
1. Memorandum of Agreement (Version No. 28-940 executed by CCCHS officials following County BOS action on 11/10/20)
2. First Amendment to MOA with CCHS
3. Second Amendment to MOA CCHAS