AGENDA STAFF REPORT

Agenda Item AGENDA STAFF REPORT ASR Control 20-000908
MEETING DATE:	11/03/20
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	4
SUBMITTING Agency/Department:	County Executive Office (Approved)
Department contact person(s):	Thomas A. Miller (714) 834-6019
	Dr. Clayton Chau (714) 834-2830

Subject: Health Care Agency Amendment "No. 2" at the Anaheim Convention Center

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $367,822

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section	County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Find the project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1 (Existing Facilities) pursuant to CEQA Guidelines, Section 15301.

Authorize the Chief Real Estate Officer or designee to approve and execute Amendment "No. 2" to license agreement with City of Anaheim for use of parking facilities and Exhibit Hall E at the Anaheim Convention Center, located at 800 West Katella Avenue in Anaheim, for Health Care Agency to continue to provide drive-thru COVID-19 testing in the amount of $122,000, for the term of November 7, 2020, through January 4, 2021, for a revised cumulative total of $769,629, in substantially the form attached.

Authorize the Chief Real Estate Officer or designee to approve and execute subsequent documents, month-to month license extensions and amendments, consistent with the terms of the attached Amendment "No. 2" to license in connection to the continuous use of the Anaheim Convention Center for COVID-19 testing, through June 30, 2021, that make non-monetary and/or monetary changes of no more than $50,000 a month to the license agreement, as approved by County Counsel.

SUMMARY:

Authorizing the Chief Real Estate Officer or designee to approve and execute subsequent documents, month-to month license extensions and amendments, consistent with the terms of the attached Amendment “No. 2” to license in connection to the continuous use of the Anaheim Convention Center will allow for COVID-19 testing through June 30, 2021.

BACKGROUND INFORMATION:

On February 26, 2020, pursuant to Health and Safety Code §101080, the County Health Officer declared a local health emergency based on an imminent and proximate threat to public health from the introduction of a novel coronavirus (COVID-19) in Orange County (COVID-19 Emergency).

On March 2, 2020, the Honorable Board of Supervisors (Board) found the COVID-19 Emergency continued to be an imminent and proximate threat to public health and adopted Resolution No. 2020-11, which served to ratify the local health emergency declared by the County Health Officer and thereby extended the emergency for an additional 30 days. At that time, the Board directed all County departments and agencies to take those actions, measures and steps deemed necessary to assure the health, safety and welfare of Orange County citizens and property, including requesting mutual aid to the extent such aid is necessary. On March 4, 2020, the Governor of the State of California declared a State of Emergency in California as a result of the threat of COVID-19. Additionally, on March 22, 2020, the President of the United States declared California a major disaster area.

On July 15, 2020, the Health Care Agency (HCA) opened its first large-scale COVID-19 testing center at the Anaheim Convention Center (Anaheim Testing Super Site), through a public-private partnership between the County of Orange (County), the City of Anaheim (City) and 360 Clinic, as a response to the coronavirus pandemic. The County and City executed a license agreement for use of the Exhibit Hall E, Car Park 4 and Car Park 5 within the premises of the Anaheim Convention Center for COVID-19 testing operations through September 6, 2020, and at no cost to the County (Initial License). The Initial License was entered into through previously existing delegated authority granted by the Board to the Chief Real Estate Officer pursuant to Resolution 20-025.

On September 4, 2020, CEO Real Estate extended the Initial License through November 6, 2020, under the Chief Real Estate Officer delegated authority per Orange County Codified Ordinances Section 1-4-220 (which permits the acquisition of real property interests up to $250,000), and the County started paying the City the daily use rates of $1,500 for the Exhibit Hall, $500 for Car Park 4 and $500 for Car Park 5, which equates to $135,000, in addition to fees for parking, services and equipment, from September 7, 2020, through November 6, 2020 (First Amendment).

To further facilitate the County’s efforts to respond to the continued COVID-19 Emergency, the County Executive Office recommends Board approval of a second amendment to the Initial License which includes the following (Proposed Second Amendment):

- HCA will continue to operate the Anaheim Testing Super Site at the Anaheim Convention Center through January 4, 2021.

- The County will continue to pay the above-mentioned daily use rates for Exhibit Hall E, Car Park 4 and Car Park 5, which equates to $122,000, in addition to the actual cost of parking personnel, services and equipment fees, as outlined in the Proposed Second Amendment.

- The County agrees to pay the City the total license fees, including parking personnel, services and equipment fees, of $245,822, for facility usage from November 7, 2020, through January 4, 2021.

- In the event the County, with City approval, continues to be in possession of the Premises after the January 4, 2021, the possession will be on a month to month basis under the same terms and conditions contained in the Proposed Second Amendment (Holdover Period). The Holdover Period is revocable by either party upon written notice at least 14 days prior to the termination date; however, as a courtesy, the terminating party will attempt to give 30-days’ written notice.

- The Chief Real Estate Officer will have authority to approve and execute subsequent extensions, as deemed necessary, to extend the License through June 30, 2021.

The Anaheim Testing Super Site provides Food and Drug Administration authorized diagnostic COVID-19 testing through its appointment-based drive-thru site at no-cost to insured and uninsured people who live or work in Orange County. The Anaheim Testing Super Site is operated by 360 Clinic and has the capacity to test over 1,000 people daily. The site operates five days a week, Tuesdays through Saturdays, and appointments can be scheduled using a secure registration link at https://360clinic.fulgentgenetics.com/. Registration is available in English, Spanish, Vietnamese, Chinese (simplified) and Korean.

The Proposed Second Amendment is consistent with HCA’s program goals and response to the ongoing COVID-19 emergency.

FINANCIAL IMPACT:

On May 19, 2020, the Board of Supervisors appropriated $554M to the Miscellaneous Fund to be expended in accordance with CARES Act requirements and Department of Treasury Guidance. The funding allocated for the Anaheim Testing Super Site is part of the $554 million appropriation up to December 30, 2020. All funding required after December 30, 2020, will be funded from HCA's Budget. HCA will review other available funding to offset the cost after December 30, 2020.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

Health Care Agency

ATTACHMENT(S):

Attachment A – License Agreement #1201171
Attachment B – Amendment "No. 1" to License Agreement #1201171
Attachment C – Amendment "No. 2" to License Agreement #1201171
Attachment D – Acquisition Questionnaire