HomeMy WebLinkAboutItem 4.7 - 3216 City Manager Actions (2)
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STAFF REPORT
CITY COUNCIL
DATE: May 5, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
City Manager Actions Taken During Delegation of Authority
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will receive a report on the actions taken by the City Manager for the
period of April 4 to April 29, 2020, pursuant to Resolution 18-20 delegating certain
authority to the City Manager during the COVID-19 pandemic. There is one reportable
action during this period, which is the City Manager’s execution of a Memorandum of
Understanding with Stanford-ValleyCare to provide a City contribution to the mobile
COVID-19 testing site recently opened at the Alameda County Fairgrounds.
STAFF RECOMMENDATION:
Receive the report and, by motion, ratify the actions of the City Manager.
FINANCIAL IMPACT:
Actions taken by the City Manager between April 4 and April 29 resulted in an increase
to the General Fund expenditure budget of $100,000, related solely to the execution of
a Memorandum of Understanding with Stanford-ValleyCare to provide reimbursement of
certain costs related to the mobile COVID-19 testing site recently opened at the
Alameda County Fairgrounds. The cities of Livermore and Pleasanton have the same
agreement and financial responsibility for the testing site. Staff is prepared to submit
these costs for reimbursement to the state or federal government upon expenditure of
the funds.
DESCRIPTION:
Background
On March 17, 2020, in response to the shelter-in-place order issued by the Alameda
County Health Officer on March 16, 2020 and pursuant to Dublin Municipal Code (DMC)
Chapter 2.44.060(A), the City Manager, acting in her capacity as Director of Emergency
Services, proclaimed the existence of a local emergency within the City of Dublin due to
the COVID-19 pandemic.
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On March 18, 2020, the City Council approved Resolution 18-20 ratifying the
declaration of a state of emergency and delegating certain authorit y to the City Manager
subject to later approval by the City Council. Specifically, Resolution 18 -20 authorizes
the City Manager to take administrative actions necessary to conduct the routine
municipal affairs of the City, including budget adjustments, pay determinations for
certain staff, and other tasks that may arise during this extraordinary circumstance.
Furthermore, the Resolution delegates, pursuant to DMC 2.04.190, to the City Manager
the authority to approve contracts above $45,000. This delegation is in effect for the
duration of the local emergency.
The following is a summary of actions taken by the City Manager, under the City
Council’s delegation of authority, for the period of April 4 - April 29, 2020.
ADMINISTRATIVE / FINANCIAL ACTIONS
Signed a Memorandum of Understanding for the Tri-Valley COVID-19 Mobile Test Site
Over the nearly two months of the COVID-19 Pandemic, various jurisdictions throughout
Alameda County and the region have worked to develop a network of COVID -19
screening and testing sites. Over the past month, the cities of Dublin, Livermore, and
Pleasanton have cooperated with Stanford-ValleyCare (SVC) to develop a testing site
for the Tri-Valley Region. On April 22, 2020 the City Manager, acting in her authority
pursuant to Resolution 18-20, executed a Memorandum of Understanding for Funding
of Tri-Valley COVID-19 Mobile Test Site at Alameda County Fairgrounds (MOU)
(Attachment 1).
Under the MOU, SVC will establish and operate a mobile COVID -19 screening and
testing site at the Alameda County Fairgrounds in Pleasanton. SVC will be responsible
for staffing the site with medical and clinician support to administer the screening and
testing. The labor and staffing costs of these activities will be paid by SVC.
Testing at the site will be generally prioritized for Tri-Valley residents, first responders,
medical professionals, and disaster service workers.
The City of Dublin, along with the cities of Livermore and Pleasanton, will be
responsible for reimbursing SVC for the cost of supplies, equipment, and other actual,
reasonable out-of-pocket costs incurred, up to $100,000. Furthermore, all three cities
will support the mobile test site by assigning staff to provide general support to the
operation including traffic control, site set up, and other services to address public
safety needs.
This agreement will remain in effect until SVC terminates operation of the test site or the
State of California terminates the State of Emergency regarding COVID -19, whichever
is earlier. SVC may also terminate the testing site for any reason, including but not
limited to inadequate testing supplies or logistical support.
The testing site commenced operations on Monday, April 27 and is operating
successfully. Within its first three days of operations, the testing site has administered
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several hundred COVID-19 tests. The testing site has the current capacity to operate for
another three weeks. Operations beyond that will require additional testing supplies
and, potentially, additional funding from the cities.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Memorandum of Understanding for Funding of Tri Valley COVID-19 Mobile Test Site
at Alameda County Fairgrounds
10386651.1 1
MEMORANDUM OF UNDERSTANDING
FOR FUNDING OF TRI-VALLEY COVID-19 MOBILE TEST SITE
AT ALAMEDA COUNTY FAIRGROUNDS
THIS MEMORAUNDUM OF UNDERSTANDING (the "MOU"), is made and entered
into this _________________, 2020, by and between the City of Dublin (“Dublin”), the City of
Livermore (“Livermore”), the City of Pleasanton (“Pleasanton”), and The Hospital Committee
for the Livermore-Pleasanton Areas doing business as Stanford Health Care – ValleyCare, a
nonprofit public benefit corporation (“Stanford - ValleyCare”), each a “Party” and collectively
referred to as the “Parties”.
RECITALS
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a
State of Emergency as a result of the threat of the novel coronavirus (COVID-19); and
WHEREAS, on March 13, 2020, the President of the United States declared a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak; and
WHEREAS, on March 16, 2020, Dr. Erica Pan, Health Officer for Alameda County,
announced a legal order directing residents to shelter at home for three weeks beginning March
17, 2020 due to the novel coronavirus; and
WHEREAS, Dublin, Livermore and Pleasanton have each declared local emergencies
due to the novel coronavirus; and
WHEREAS, the Tri-Valley communities of Dublin, Livermore, and Pleasanton recognize
the public health risks posed by the novel coronavirus and seek to augment existing testing
capacity to provide critical public health information; and
WHEREAS, Stanford – ValleyCare owns and operates a general acute care hospital
located in Pleasanton and Livermore and employs or contracts with health care providers to
perform medical services, including COVID-19 testing services; and
WHEREAS, a public-private partnership with the medical expertise of Stanford –
ValleyCare will provide increased opportunities for Tri-Valley residents, medical professionals,
first responders and disaster service workers to receive testing for the novel coronavirus.
NOW, THEREFORE, BE IT MUTUALLY AGREED as follows:
1. Mobile Test Site. Stanford – ValleyCare will establish and operate a mobile screening and
testing site for the novel coronavirus at the Alameda County Fairgrounds located at 4501
Pleasanton Avenue, Pleasanton, CA (the “Fairgrounds”), where Stanford – ValleyCare will
provide medical and clinician support through its employees, agents, contractors and
volunteers for COVID-19 related screening and testing (the “Fairgrounds Testing Site”).
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
10386651.1 1
a. The Fairgrounds Testing Site shall be under the sole and exclusive control of Stanford
– ValleyCare, and, at such mobile test site, Stanford – ValleyCare will generally
prioritize testing for Tri-Valley residents, first responders, medical professionals and
disaster service workers.
b. The Parties acknowledge that testing supplies may be subject to unplanned variations
in availability, and therefore the Parties will communicate regarding changes in dates
and times of operations of the mobile testing site. The Parties will each use
reasonable efforts to acquire COVID-19 testing supplies for use by Stanford –
ValleyCare at the Fairgrounds Testing Site.
c. Dublin, Livermore, or Pleasanton shall enter into a lease with the owner of the
Fairgrounds for use of the Fairgrounds by Stanford – ValleyCare to operate the
Fairgrounds Testing Site.
2. Financial Support. Dublin, Livermore and Pleasanton shall each provide up to One Hundred
Thousand Dollars ($100,000.), for a cumulative total not to exceed Three Hundred Thousand
Dollars ($300,000.), to Stanford – ValleyCare to reimburse the cost of supplies and
equipment and other actual, reasonable out-of-pocket costs incurred by Stanford –
ValleyCare (other than labor and staffing costs) for the mobile testing site after acquired by
Stanford Valley-Care.
If additional funding for such supplies and equipment is requested by Stanford Valley-Care,
that will require a written amendment of this MOU signed by all parties.
a. To receive reimbursement, Stanford – ValleyCare shall send separate invoices to
Dublin, Livermore and Pleasanton listing the supplies and equipment, and related
cost, which were acquired by Stanford-ValleyCare clearly stating that costs are for
supplies and equipment which were purchased and received for COVID-19
emergency / disaster testing. Costs shall be equally divided between Dublin,
Livermore and Pleasanton irrespective of the city of residence of the person who
received a test at the mobile test site. Dublin, Livermore and Pleasanton will each pay
such Stanford-ValleyCare invoices separately.
i. The parties agree to cooperate and use best efforts to secure federal
(including, but not limited to, Federal Emergency Management Agency –
FEMA) and/or state reimbursement for eligible expenses related to the mobile
test site, including eligible Dublin, Livermore and Pleasanton expenditures
related to the financial support described in this Section 2, and expenditures
related to logistical support (including, but not limited to, personnel costs)
described in Section 3, below.
b. Notwithstanding financial support by Dublin, Livermore and Pleasanton to reimburse
Stanford – ValleyCare for the cost of testing supplies and equipment, Stanford –
ValleyCare acknowledge that its employees, agents, contractors and volunteers at the
mobile test site are not employees of Dublin, Livermore or Pleasanton.
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
10386651.1 1
3. Logistical Support. To support the mobile test site, Dublin, Livermore and Pleasanton shall
assign employees, agents, contractors and volunteers, to provide traffic control, equipment
set-up and other services (e.g., waste management, security) to address public safety needs,
as determined in the sole and absolute discretion of Dublin, Livermore and Pleasanton.
Dublin, Livermore and Pleasanton acknowledge that its employees, agents, contractors and
volunteers assigned to provide such logistical support to the Fairgrounds Testing Site are not
employees of Stanford – ValleyCare.
4. Term of MOU. This MOU shall remain in effect until the earlier of: (a) Stanford –
ValleyCare terminates operation of a mobile test site for the novel coronavirus at the
Fairgrounds; or (b) the State of California terminates the State of Emergency regarding
COVID-19. Stanford – ValleyCare shall have the right to immediately terminate operation
of the Fairgrounds Testing Site at any time and for any reason, including but not limited to
inadequate testing supplies or inadequate logistical support.
5. Notice. Any notice or invoice which any party shall be required, or may desire to make upon
or give to another party shall be in writing and shall be sent by regular mail or email to the
respective parties as follows:
City of Dublin City of Livermore
Attn: Linda Smith, City Manager Attn: Marc Roberts, City Manager
100 Civic Plaza 1052 S. Livermore Avenue
Dublin, CA 94568 Livermore, CA 94550
City of Pleasanton
Attn: Nelson Fialho, City Manager
123 Main Street, Pleasanton, CA 94566 {physical address}
P.O. Box 520, Pleasanton, CA 94566 {mailing address}
nfialho@cityofpleasantonca.gov
Stanford Health Care – ValleyCare
Attn: Rick Shumway, President & CEO
5555 W. Las Positas Blvd., Pleasanton, CA 94588 {physical address}
1111 East Stanley Blvd., Livermore CA 94550 {mailing address}
Any party may, from time to time, designate any other address for this purpose by notice to the
other Parties.
6. Indemnification. Stanford – ValleyCare shall defend, indemnify, and hold harmless, Dublin,
Livermore and Pleasanton and its officers, agents and employees (collectively
“Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including,
without limitation, injury to or death of an employee of Stanford – ValleyCare), expense, and
liability of every kind, nature and description (including, without limitation, incidental and
consequential damages, court costs, attorneys’ fees, litigation expenses and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of investigation)
arising from, or alleged to have arisen from, pertain to, or relate to, directly or indirectly, in
whole or in part, the negligence, reckless, or willful misconduct of Stanford – ValleyCare,
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
10386651.1 1
anyone directly or indirectly employed by them, or anyone that they control (collectively
“Liabilities”) in the operation of the Fairgounds Testing Site pursuant to this MOU. Such
obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the
extent such Liabilities are caused by the sole negligence, active negligence or willful
misconduct of such Indemnitee.
Dublin, Livermore and Pleasanton shall defend, indemnify, and hold harmless, Stanford –
ValleyCare and its officers, agents and employees (collectively “Stanford Valley-Care
Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including,
without limitation, injury to or death of an employee of Dublin, Livermore, and Pleasanton ,
expense, and liability of every kind, nature and description (including, without limitation,
incidental and consequential damages, court costs, attorneys’ fees, litigation expenses and
fees of expert consultants or expert witnesses incurred in connection therewith and costs of
investigation) arising from, or alleged to have arisen from, pertain to, or relate to, directly or
indirectly, in whole or in part, the negligence, reckless, or willful misconduct of Dublin,
Livermore, and Pleasanton, anyone directly or indirectly employed by them, or anyone that
they control (collectively “City Liabilities”) in the traffic control, equipment set-up, public
safety, or other logistical support described in Section 3, above, pursuant to this MOU. Such
obligations to defend, hold harmless and indemnify any Stanford Valley-Care Indemnitee
shall not apply to the extent such City Liabilities are caused by the sole negligence, active
negligence or willful misconduct of such Stanford Valley-Care Indemnitee.
7. Miscellaneous.
a. This MOU comprises the entire understanding between the Parties concerning the
mobile testing site described herein. This MOU supersedes all prior negotiations,
agreements, and understandings regarding this matter, whether written or oral. Any
amendments to this MOU must be in writing and executed by all Parties.
b. Waiver of a breach or default by a party under this MOU shall not constitute a
continuing waiver of a subsequent breach of the same or any other provision under
this MOU.
c. This MOU shall be governed by the laws of the State of California, with venue in
Alameda County Superior Court.
d. This MOU may be executed in multiple counterparts, each of which shall be an
original and all of which together shall constitute one agreement. Counterparts may
be delivered via facsimile, electronic mail (including pdf or any electronic signature
complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.),
California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or
other applicable law) or other transmission method, and any counterpart so delivered
shall be deemed to have been duly and validly delivered and be valid and effective for
all purposes.
e. Use of Name. No Party shall use the name of any other Party or any affiliated entity
of Stanford – ValleyCare, or any of their trademarks, service marks, or trade names
for any purpose without the prior written consent of the other Party.
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
10386651.1 1
IN WITNESS WHEREOF, the parties hereto have executed this MOU on the dates appearing
below their respective authorized signatures.
{signatures on following pages}
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
10386651.1 1
Signature Page to MOU for Funding of COVID-19 Fairgrounds Testing Site
CITY OF DUBLIN
_____________________________ Dated: _____________, 2020
Linda Smith, City Manager
ATTEST:
_____________________________
City Clerk
Approved as to form:
__________________________
City Attorney
CITY OF LIVERMORE
_____________________________ Dated: _____________, 2020
Marc Roberts, City Manager
ATTEST:
_____________________________
City Clerk
Approved as to form:
_____________________________
City Attorney
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
4/22/2020
4/22/2020
10386651.1 1
Signature Page to MOU for Funding of COVID-19 Fairgrounds Testing Site
CITY OF PLEASANTON
_____________________________ Dated: _____________, 2020
Nelson Fialho, City Manager
ATTEST:
_____________________________
Karen Diaz, City Clerk
Approved as to form:
_____________________________
Daniel G. Sodergren, City Attorney
STANFORD HEALTH CARE – VALLEYCARE
_____________________________ Dated: _____________, 2020
Rick Shumway, President & CEO
_____________________________
DocuSign Envelope ID: 67DB526A-4CA4-4A6C-B574-5846800FAE2C
4/22/2020
4/22/2020