San Bernardino header
File #: 2481   
Type: Consent Status: Passed
File created: 6/16/2020 Department: Multijurisdictional Items
On agenda: 6/23/2020 Final action: 6/23/2020
Subject: Ratification Actions in Response to the Novel Coronavirus Pandemic
Attachments: 1. CON-APT-062320-Ratification-Rec 3d-Twentynine Palms Airport, 2. CON-BGCSA-062320-Ratification-Rec 4-Apple Valley Airport, 3. CON-CDHA-062320-Ratification-Rec 2-Agreement with Orange Show Hospitality Inc., 4. CON-RES-062320-Ratification Item-Rec 1-General Building Management Co for Barstow, 5. CON-RES-062320-Ratification-Rec 5-Guadalupe Medina dba Santa Fe Building, 6. CON-RES-PSD-062320-Ratification-Rec 8-Improvement Agreement, 7. CON-RES-PSD-062320-Ratification-Rec 9-Form of Consent, Recognition and Attornment Agmt-20-June, 8. CON-RES-PSD-062320-Ratification-Rec 10-Assignment of Improvement Agreement-20-June, 9. CON-SBCFPD-062320-Ratification-Rec 7-Facility Use & License Agmnt, 10. COV-APT-062320-Ratification-Rec 3a-Barstow-Daggett Airport, 11. COV-APT-062320-Ratification-Rec 3b-Chino Airport, 12. COV-APT-062320-Ratification-Rec 3c- Needles Airport, 13. COV-APT-062320-Ratification-Rec 3d-Twentynine Palms Airport, 14. COV-BGCSA-062320-Ratification-Rec 4-Apple Valley Airport, 15. COV-CDHA-062320-Ratification-Rec 2-Agreement with Orange Show Hospitality Inc., 16. COV-RES-PSD-062320-Ratification-Rec 8-Improvement Agreement, 17. COV-RES-PSD-062320-Ratification-Rec 9-Form of of Consent, Recognition and Attornment Agmt, 18. COV-RES-PSD-062320-Ratification-Rec 10-Assignment of Improvement Agreement, 19. COV-SBCFPD-RESD-062320-Ratification-Rec 7-Facility Use & License Agmnt, 20. CON-APT-062320-Ratification-Rec 3a-Barstow-Daggett Airport, 21. CON-APT-062320-Ratification-Rec 3b-Chino Airport, 22. CON-APT-062320-Ratification-Rec 3c-Needles Airport, 23. Item #125 Executed BAI, 24. 17-848-A-1 Executed Contract, 25. 20-502 Executed Contract, 26. 20-556 Executed Contract, 27. 20-557 Executed Contract, 28. 20-558 Executed Contract, 29. 20-559 Executed Contract, 30. 20-560 Executed Contract, 31. 19-116-A-1 Executed Contract, 32. 20-561 Executed Contract, 33. 20-562 Executed Contract, 34. 20-563 Executed Contract, 35. 20-564 Executed Contract

REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

SITTING AS THE GOVERNING BOARD OF THE FOLLOWING:

 THE COUNTY OF SAN BERNARDINO

THE BOARD GOVERNED COUNTY SERVICE AREAS

AND RECORD OF ACTION

 

REPORT/RECOMMENDATION TO THE BOARD OF DIRECTORS

OF THE FOLLOWING:

THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

AND RECORD OF ACTION

 

June 23, 2020

 

FROM

GARY McBRIDE, Chief Executive Officer, County Administrative Office

         

SUBJECT                      

Title                     

Ratification Actions in Response to the Novel Coronavirus Pandemic

End

 

RECOMMENDATION(S)

Recommendation

Ratify the Chief Executive Officer’s exercise of the authority granted to him by the Board of Supervisors initially on March 24, 2020 (Item No. 67), and extended on May 19, 2020 (Item No. 105), in approving the following actions in response to the worldwide health threat related to the Novel Coronavirus, or COVID-19:

1.                     Acting as the governing body of the County of San Bernardino, approve Real Estate Services Department - Facilities Management Amendment No. 1 to Contract No. 17-848 with General Building Management Co. to extend the contact term for four additional months (December 1, 2020 through March 31, 2021) and increase the contract by an amount not to exceed $95,016, to include routine custodial services of $35,016, and an amount not to exceed $60,000 for as needed unforeseen expenses resulting from the COVID-19 pandemic, increasing the total contract amount from $315,144 to a total not to exceed $410,160, on the premises known as Lot 1, located at 225 W. Mt. View, 235 E. Mt. View, 303 E. Mt View and 301 E. Mt. View in Barstow, signed by the Chief Executive Officer on May 28, 2020.

2.                     Acting as the governing body of the County of San Bernardino, approve Community Development and Housing Agency’s hotel/motel agreement with Orange Show Hospitality Inc. for the provision of rooms to build isolation capacity as a response to COVID-19, to help protect public health and safety, lessen and/or avert the threats created by these exigent and emergency situations for the contract period of May 22, 2020 through August 22, 2020, in an amount not to exceed $600,000, signed by the Chief Executive Officer on May 22, 2020.

3.                     Acting as the governing body of the County of San Bernardino (County), approve the Department of Airport’s four Federal Coronavirus Aid, Relief, and Economic Security Act Airport grant agreements with the Federal Aviation Administration, in the total amount of $217,000 to support operational needs at four County airports due to the COVID-19 pandemic for the period of June 2, 2020 - June 1, 2024, each signed by the Chief Executive Officer on June 1, 2020.

a.                     Barstow-Daggett Airport (Grant No. 3-06-0058-008-2020) in the amount of $20,000

b.                     Chino Airport (Grant No. 3-06-0042-034-2020) in the amount of $157,000

c.                     Needles Airport (Grant No. 3-06-0164-009-2020) in the amount of $20,000

d.                     Twentynine Palms Airport (Grant No. 3--06-0267-007-2020) in the amount of $20,000

4.                     Acting as the governing body of County Service Area 60 - Apple Valley Airport (CSA 60), approve a County Airport Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act Airport grant agreement with the Federal Aviation Administration (Grant No. 3-06-0009-010-2020), in the total amount of $30,000 to support operational needs and revenue recovery at CSA-60 airport due to the COVID-19 pandemic for the period of June 2, 2020 - June 2024, signed by the Chief Executive Officer on June 2, 2020.

5.                     Acting as the governing body of the County of San Bernardino, approve Real Estate Services Department - Facilities Management Amendment No. 1 to Contract No. 19-116 with Guadalupe Medina dba Santa Fe Building Maintenance to increase the contract by an amount not to exceed $60,000, for as needed unforeseen expenses resulting from the COVID-19 pandemic, increasing the total contract amount from $381,996 to a total not to exceed $441,996, on the premises known as Lot 2, located at 222 W. Hospitality Lane and 1808 Commerce Center Drive in San Bernardino, signed by the Chief Executive Officer on June 3, 2020.

6.                     Acting as the governing body of the San Bernardino County Fire Protection District, approve the San Bernardino County Fire Protection District’s purchase of unbudgeted fixed assets, at a cost of $13,360, for two Agnes Connect Complete software packages that integrate with portable telemedicine stations that are being purchased, to provide for communication with doctors during the COVID-19 response, approved by the Chief Executive Officer on May 22, 2020.

7.                     Acting as the governing body of the San Bernardino County Fire Protection District, approve Facility Use & License Agreement No. S2020-003 with the San Bernardino International Airport Authority for the period of one year, from March 23, 2020 through March 22, 2021, with one one-year option to extend the term of the license for 21,314 square feet of office and emergency support service space for a COVID-19 emergency command center located at 115 Del Rosa Avenue, Building No. 56, Suite A at the San Bernardino International Airport in San Bernardino for the San Bernardino County Fire Protection District in the amount of $409,229, signed by the Chief Executive Officer on May 22, 2020.   

8.                     Acting as the governing body of the County of San Bernardino, approve the Improvement Agreement No. 20-186 between the County of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc., a California nonprofit public benefit corporation, as developer, for developer to construct, at developer’s cost, a new preschool facility for the County on approximately 2.23 acres of land jointly owned by the County of San Bernardino and the City of San Bernardino at 205 Allen Street in San Bernardino, signed by the Chief Executive Officer on May 29, 2020.

9.                     Acting as the governing body of the County of San Bernardino, approve the Consent, Recognition and Attornment Agreement between the County of San Bernardino and the City of San Bernardino, jointly as landlord, 230 South Waterman Avenue, LLC, as tenant, the High Desert Partnership in Academic Excellence Foundation, Inc., as subtenant, and Wilmington Trust, NA, as lender, in connection with Ground Lease Agreement No. 20-185, signed by the Chief Executive Officer on May 29, 2020.

10.                     Acting as the governing body of the County of San Bernardino, approve the Consent to Assignment for the Assignment of Improvement Agreement between the High Desert Partnership in Academic Excellence Foundation, Inc., a California nonprofit public benefit corporation, as assignor, and Wilmington Trust, National Association, as trustee, signed by the Chief Executive Officer on May 29, 2020.

11.                     Direct the County Administrative Office to transmit all executed documents relating to the recommendations above to the Clerk of the Board within 30 days of execution.

(Presenter: Gary McBride, Chief Executive Officer, 387-5417)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Promote the Countywide Vision.

Create, Maintain and Grow Jobs and Economic Value in the County.

Improve County Government Operations.

Operate in a Fiscally-Responsible and Business-Like Manner.

Provide for the Safety, Health and Social Service Needs of County Residents.

Pursue County Goals and Objectives by Working with Other Agencies.

 

FINANCIAL IMPACT

Approval of the recommendations may result in the use of additional Discretionary General Funding (Net County Cost), as detailed below.  Sufficient appropriation, if necessary, as detailed below, will be included in the respective department's future recommended budgets.

 

Recommendation No. 1

Approval of this recommendation will not result in the use of additional Discretionary General Funding (Net County Cost). This amendment will extend the term of the contract for an additional four months and increases the contract amount up to $95,016 for a total amount not to exceed $410,160. Custodial contract charges are reimbursed by County departments that occupy the facilities based on an average cost per square foot times the percentage of usable space each department occupies. Sufficient appropriation for routine custodial services in the amount of $35,016 is included in the 2019-20 Real Estate Services Department - Facilities Management (FM) budget (7303001000) and will be included in future recommended budgets. The not to exceed $60,000 cost of this amendment resulting from the COVID-19 pandemic is eligible for and will require the County to use Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act Coronavirus Relief Funds if no other COVID-19 related federal or state funding is available.

 

Recommendation No. 2

Approval of the hotel/motel agreement for the provision of rooms for a total not to exceed amount of $600,000 may result in the use of additional Discretionary General Funding (Net County Cost) in the event other sources of state or federal funding are not available. Funding for the not to exceed costs of $600,000 for temporary accommodations for the “Project Room Key” Homeless population may include funds from the Homeless Housing Assistance and Prevention for Continuum of Care, Homeless Housing, Assistance and Prevention for the County of San Bernardino, FEMA financial assistance, California Homeless Emergency Aid Program funds, and/or Housing and Urban Development (HUD) funds, or other federal and/or state financial assistance, to fund all or a portion of hotel/motel agreements relating to the provision of emergency shelter and/or eligible operational expenses.  However, the not to exceed cost of $600,000 for this hotel/motel agreement resulting from the COVID-19 pandemic is eligible for and will require the County to use Federal CARES Act Coronavirus Relief Funds if no other COVID-19 related federal or state funding is available.  If any of these sources of funding are not available, through authority granted to the CEO initially on March 24, 2020 (Item No. 67), that was then extended on May 19, 2020 (Item No. 105) due to the continued threat of COVID-19, the Board  of Supervisors (Board) authorized the CEO to approve allocations from the mandatory contingencies or the General Purpose Reserve as allowed under the County’s declaration of an emergency, subject to ratification by the Board at the next available Board meeting.  Should events require the use of additional Discretionary General Funding, a future item will be submitted to the Board for approval.

 

The rates charged by the hotels/motel under the agreement is as follows:

 

Hotel

Per Month for Entire Property (60 rooms)

Daily Rate per room

Decontamination Fee

Orange Show Inn  

$175,000.00

$97.22

$75,000.00

 

 

 

Recommendation No. 3 and 4

Approval of these recommendations will not result in the use of Discretionary General Funding (Net County Cost).  The Department of Airports has experienced a reduction in revenue resulting from the COVID-19 pandemic.  The grant awards to the County and CSA 60, totaling $247,000, will support operations for four County airports and one CSA 60 airport.  The grants do not require a match.

 

Recommendation No. 5

Approval of this recommendation will not result in the use of additional Discretionary General Funding (Net County Cost). This amendment will increase the contract amount by $60,000 for a total amount not to exceed $441,996, for as needed unforeseen expenses. The not to exceed $60,000 cost of this amendment resulting from the COVID-19 pandemic is eligible for and will require the County to use Federal CARES Act Coronavirus Relief Funds if no other COVID-19 related federal or state funding is available.

 

Recommendation No. 6

Approval of this recommendation will not result in the use of Discretionary General Funding (Net County Cost). The San Bernardino County Fire Protection District’s (SBCFPD) purchase of two Agnes Connect Complete software packages are considered COVID-19 expenses and are therefore eligible for and will require the County to use Federal CARES Act Coronavirus Relief Funds if no other COVID-19 related federal or state funding is available.

 

Recommendation No. 7

Approval of this recommendation will not require additional Discretionary General Funding (Net County Cost).  The cost of this license agreement is $34,102.40 per month, for a total one-year cost of $409,229.  License payments will be made from the SBCFPD budget (1064332410), subject to SBCFPD’s receipt of emergency reimbursement funds, or if emergency funds are not received, an exchange of in-kind services. Other costs associated with the license include janitorial, maintenance, and utilities, which will be paid from SBCFPD’s budget.  The license agreement, janitorial, maintenance and utilities costs resulting from the COVID-19 pandemic are eligible for and will require SBCFPD to use Federal CARES Act Coronavirus Relief Funds if no other COVID-19 related federal or state funding is available.

 

Recommendations No. 8, 9, and 10

Approval of these recommendations will not require the use of additional Discretionary General Funding (Net County Cost).  There is no cost to the County of San Bernardino (County) for the Improvement Agreement with The High Desert ‘Partnership in Academic Excellence’ Foundation, Inc. (High Desert) as High Desert shall, at its sole cost and expense, construct a new preschool facility for the County’s Preschool Services Department on approximately 2.23 acres of land jointly owned by the County and the City of San Bernardino at 205 Allen Street in San Bernardino.  There is no cost to the County for the Consent, Recognition and Attornment Agreement (“CRAA”) with Wilmington Trust, NA (Lender), which is made in connection with Ground Lease Agreement No. 20-185 (Ground Lease).  There is no cost to the County for its consent to the Assignment of Improvement Agreement, allowing High Desert to assign its interest as developer in the Improvement Agreement to a trustee for the bonds issued to finance the construction of the preschool facility.

 

BACKGROUND INFORMATION

The COVID-19 virus originated in Wuhan, China in late 2019 and began spreading, initially, within China and then to other countries. On January 30, 2020, the World Health Organization declared the outbreak to be a “public health emergency of international concern”. This was followed on January 31, 2020 by the United States Human Services Secretary declaring a public health emergency. Cases internationally, within the US and within California (as evidenced by the Governor’s Proclamation) continue to rise. 

 

On March 4, 2020, the State of California declared a state of emergency as a result of the COVID-19 outbreak due to the rising number of confirmed cases and anticipated complications for those infected, including potential deaths. On March 10, 2020, the County Public Health Officer declared a local health emergency to help ensure county government and the public were prepared for the possibility that COVID-19 will appear within the county. On March 10, 2020 (Item No. 75), the Board proclaimed the existence of a local emergency within San Bernardino County resulting from COVID-19, which causes infectious disease resulting in symptoms of fever, coughing and shortness of breath with outcomes ranging from mild to severe illness and in some cases, death. 

 

In order to promote a coordinated and efficient response to needs that may arise from the COVID-19 pandemic, on March 24, 2020 (Item No. 67), the Board authorized the CEO to execute or approve various actions related to purchases, contracts, donations, budget, including the approval of adoption of resolutions, through May 31, 2020, subject to ratification by the Board at the next available Board meeting.  Due to the continued threat of COVID-19, on May 19, 2020 (Item No. 105), the Board extended this authority of the CEO through June 30, 2020, subject to ratification by the Board at the next available Board meeting. The recommended actions will ratify the authority exercised by the CEO.

 

Recommendation No. 1

FM is responsible for providing custodial services for County-owned and some leased facilities. On November 14, 2017 (Item No. 35), the Board approved a contract with General Building Management Co., to provide custodial services in the four buildings located in Barstow for the period of December 1, 2017 through November 30, 2020, in an amount not to exceed $315,144. The locations identified in Lot 1 are: Barstow Sheriff - 225 W. Mt. View, Barstow (County-owned); Barstow Courthouse - 235 E. Mt. View, Barstow (County-owned); Barstow Public Health - 303 E. Mt. View, Barstow (County-owned); Barstow Public Health (WIC) - 301 E. Mt. View, Barstow (County-owned); Barstow County Offices - 301 E. Mt. View, Barstow (County-owned). The Department recommends approval of Amendment No. 1 to Contract No. 17-848 with General Building Management Co., in order to provide continued custodial services through the current pandemic. County Counsel has reviewed the Amendment, and it was signed by the CEO on May 28, 2020.

 

Recommendation No. 2

On May 19, 2020 (Item No. 44), the Board ratified the CEO’s action to approve the Order of the County Executive Officer as Director of Emergency Services permitting the commandeering of property for temporary residences and medical facilities that was signed by the Chief Executive Officer on April 24, 2020.  This was in accordance with the Governor’s Executive Order N-25-20, under the authority of Article XI of the California Constitution; California Government Code Sections 8610, 8630, and 8634; and San Bernardino County Ordinance Nos. 4090 and 4091, the County initiated the Order of the Chief Executive Officer as Director of Emergency Services Permitting the Commandeering of Property for Temporary Residences and Medical Facilities (Order) to prepare the County to provide hotel/motel rooms and other places of temporary residence; medical facilities; and other facilities that are suitable for quarantining, isolating or treating individuals who test positive for COVID-19 or who have had a high-risk exposure and are thought to be in the incubation period, either through agreements, or by commandeering, if needed.  On March 10, 2020 (Item No. 75), the County proclaimed the existence of a local emergency within San Bernardino County resulting from COVID-19.  Under the Government Code sections and Ordinances described above, in the event of a local emergency, the CEO, as the Director of Emergency Services is authorized to obtain equipment, supplies, and properties needed for the protection of life and property, whether through agreements, contracts or commandeering.  The CEO exercised authority granted to him by the Board initially on March 24, 2020 (Item No. 67), that was then extended on May 19, 2020 (Item No. 105) due to the continued threat of COVID-19, and on May 5, 2020 (Item No. 4), the Board ratified several hotel/motel agreements to provide rooms for essential workers, emergency responders or healthcare providers.  On May 5, 2020 (Item No. 4), the Board also ratified Agreement No. 20-253 with the National Orange Show to establish a staging area, medical transport center and temporary alternate care site at the fairgrounds.  Any temporary accommodations and alternate care facilities thus far have been established through agreements.

 

Due to the COVID-19 pandemic a need has arisen to provide isolation capacity to shelter certain populations. These populations are defined as:

 

“Project Room Key” - Population:

-                     Homeless individuals who test positive for COVID-19 that do not require hospitalization but need isolation or quarantine (including those exiting from hospitals);

-                     Homeless individuals who are asymptomatic but are at “high-risk” such as people over 65 or who have certain underlying health conditions and who require emergency non-congregate sheltering as a social distancing measure.

 

County Counsel has reviewed the Agreement and it was signed by the CEO on May 22, 2020.

 

Recommendations No. 3 and 4

The Federal Aviation Administration (FAA) notified the Department of Airports that five airports were eligible for Federal CARES Act Airport grant funding from the FAA due to the COVID-19 pandemic.  This grant funding allocated by the FAA will assist the Department with operational needs due to the COVID-19 pandemic to maintain safe and efficient airport operations. Recommendation No. 3 will approve four CARES Act Airport grant agreements, accepting a total grant award of $217,000 for four County airports as follows: Chino Airport - $157,000, Twentynine Palms Airport - $20,000, Needles Airport - $20,000, and Barstow-Daggett Airport - $20,000. Recommendation No. 4 will approve one CARES Act Airport grant agreement, accepting a total grant award of $30,000 for the Apple Valley Airport in the amount of $30,000.  Each grant agreement is identical, except for the identified airport and the amount of the grant award.  The Department will have up to four years from acceptance of each grant to expend the funds.  Each grant agreement had to be accepted and signed by June 15, 2020 to be valid. County Counsel has reviewed the four grant agreements listed in Recommendation No. 1 and they were signed by the CEO on June 1, 2020.  County Counsel also reviewed the grant agreement listed in Recommendation No. 2 and it was signed by the CEO on June 2, 2020.

 

Recommendation No. 5

Real Estate Services Department - Facilities Management (FM) is responsible for providing custodial services for County-owned and some leased facilities. On March 12, 2019 (Item No. 45), the Board approved a contract with Guadalupe Medina dba Santa Fe Building Maintenance, to provide custodial services in the two buildings located in San Bernardino for the period of April 1, 2019 through March 31, 2022, in an amount not to exceed $381,996. The locations identified in Lot 2 are: Hall of Records - 222 W. Hospitality Lane (County-owned) and County Clerk Archives Storage-1808 Commerce Center Drive, San Bernardino (Leased). The Department recommends approval of Amendment No. 1 to Contract No. 19-116 with Guadalupe Medina dba Santa Fe Building Maintenance, in order to provide continued custodial services through the current pandemic. County Counsel has reviewed the Amendment, and it was signed by the CEO on June 3, 2020.

 

Recommendation No. 6

The Agnes Connect Complete Software package (Software) is a web-based telemedicine software used by healthcare providers (providers) for clinical telemedicine exams and video consultations.  The Software captures and shares vitals or data from medical devices, and exchanges medical images with providers in real-time.  Providers and patients communicate through the Software’s video conferencing platform, and providers are able to remotely manage consultations across multiple locations, increasing accessibility.  The Software purchased by SBCFPD integrates with portable telemedicine stations that are being purchased to provide for communication with doctors during the COVID-19 response.  County Counsel has reviewed the request for the unbudgeted fixed assets purchase and it was approved by the CEO on May 22, 2020.

 

Recommendation No. 7

The recommended action will approve the Facility Use & License Agreement with San Bernardino International Airport Authority (SBIAA) for a period of one year, from March 23, 2020 through March 22, 2021, with one one-year option to extend the term of the license for 21,314 square feet of space for a COVID-19 emergency command center located at the San Bernardino International Airport in the amount of $409,229.  

 

SBCFPD requested that the Real Estate Services Department (RESD) negotiate a license agreement with SBIAA for the period of one year to provide a sufficient amount of space to protect the safety of SBCFPD staff in response to the COVID-19 pandemic. The monthly fee is $34,102.40, which RESD verifies is within market range for comparable facilities in the area. Payment of the monthly fee is subject to SBCFPD’s receipt of emergency reimbursement funds, provided that, until the receipt of such funds, fees shall accrue without interest, penalty or default by SBCFPD. If reimbursement funds are not received, the parties will agree on an exchange of in-kind services and SBCFPD will return to the Board for approval of an amendment to the license agreement to document the in-kind services to be exchanged. SBCFPD is also responsible for janitorial, maintenance, and utilities for the space. Either party shall have the right to terminate the license on 30 days’ notice. County Counsel reviewed the license agreement and it was signed by the CEO on May 22, 2020.

 

Recommendations No. 8, 9, and 10

On April 21, 2020 (Item No. 57) the Board approved a 50-year Ground Lease between the County and the City of San Bernardino (City), jointly as landlord, and an affiliate of High Desert, as tenant, (collectively, “High Desert”) for approximately 15.63 acres of land at 230 South Waterman Avenue in the City for High Desert’s construction and operation of a charter school facility in exchange for High Desert constructing a new preschool facility for the County on adjacent land jointly owned by the County and the City at 205 Allen Street in the City.  The Board also approved a new Improvement Agreement between the County and High Desert, with the consent of the City, specifying the terms of construction of the new preschool facility.  The aforementioned agreements were approved by the Board on May 5, 2020 (Item No. 5).

 

High Desert had previously retained a developer that provided its own financing for construction of the County’s new preschool facility.  The initial developer went out of business and in the summer of 2019, High Desert retained a new developer.  However, the new developer did not provide its own financing.  Consequently, High Desert retained a finance team contemplating a competitive municipal bond offering.  However, concurrent with the intended bond offering, the COVID-19 pandemic, with related state and federal proclamations of emergency, occurred and disrupted municipal bond markets. Unable to sell bonds in the now disrupted, municipal bond markets, in early May 2020, High Desert identified an investor, Nuveen, for a private placement of the entire bond issue.  However, Nuveen, in order to complete its financing, required amendments to the Improvement Agreement and the Consent, Recognition and Attornment Agreement previously approved by the Board and Nuveen also required a new assignment agreement. On May 11, 2020, High Desert informed the County that revisions were being requested to the documents approved by the Board of Supervisors on May 5, 2020. The revisions focused on the investor’s remedies in the event of a default by High Desert. Initial drafts of the revisions were provided to the County on May 14, 2020 and conference calls were held on May 19, 2020 and May 26, 2020 to discuss the revisions.  Concurrence among High Desert, Nuveen, the County and the City on the final form of the documents occurred on May 27, 2020. Moreover, to avoid further interest rate risk arising from volatile financial markets caused by the COVID-19 pandemic, Nuveen selected June 12, 2020 as the closing date for the transaction.  Therefore, High Desert requested that the County proceed as swiftly as possible with the execution of the documents to avoid further disruption of the construction financing for the County’s new preschool facility.

 

County Counsel negotiated and reviewed the Assignment Agreement and the revisions to the Improvement Agreement and the Consent, Recognition and Attornment Agreement, and approved the agreements as to form.  The three agreements were signed by the County’s CEO on May 29, 2020, on behalf of the County and pursuant to the authority delegated by the Board on March 24, 2020 (Item No. 67) and extended on May 19, 2020 (Item No. 105).

 

PROCUREMENT

Procurement is applicable to Recommendation No. 1, relating to Contract No. 17-848 with General Building Management Co.  This contract, with its original term from December 1, 2017 through November 30, 2020 was the result of a competitive procurement based on General Building Management Co., being the lowest responsive and responsible bidder.  The Department is not able to prepare a Request for Bid, conduct mandatory job-walks or obtain contractor bids for service at the current time due to the COVID-19 pandemic.  Amendment No. 1 to Contract No. 17-848 with Nelsen’s Janitorial Service, will extend the term of the current contract through March 31, 2021.

 

Procurement is applicable to Recommendation No. 5, relating to Contract No. 19-116 with Guadalupe Medina dba Santa Fe Building Maintenance.  This contract, with its term from April 1, 2019 through March 31, 2022 was the result of a competitive procurement based on Guadalupe Medina dba Santa Fe Building Maintenance, being the lowest responsive and responsible bidder.  The Department is not able to prepare a Request for Bid, conduct mandatory job-walks or obtain contractor bids for service at the current time due to the COVID-19 pandemic. 

 

Procurement is applicable to Recommendation No. 6, relating to the purchase of two Agnes Connect Complete software packages. The Software is being procured through a California State contracted vendor, Solutionz, Inc. (Solutionz), via the California Department of General Services (DGS). DGS awards contracts through the California Multiple Award Schedule (CMAS) program, which benchmarks pricing on the Federal General Services Administration (GSA) schedules to establish contracts by having potential vendors submit pricing for services and does not allow contracted vendors to exceed the pricing listed in the GSA schedule. All vendors who submit proposals under the CMAS program must agree to standard contractual language, which includes participation clauses for local governments. On June 25, 2018, multiple vendors, including Solutionz, were awarded contracts for audio-visual equipment and installation services through the CMAS program. Use of the Solutionz contract for the purchase of this equipment satisfies the competitive process standard required by County Policy 11-04.

 

Procurement is applicable to Recommendation No. 7, relating to office and emergency support service space for a COVID-19 emergency command center. The license with SBIAA is exempt from the procurement process required by County Policy 12-02 - Leasing Privately Owned Real Property for County Use (Policy), as the Policy does not apply to licenses for premises owned by  a federal agency, the State, a city, a county, a school district, special district, or other public entity. 

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Michelle Blakemore, County Counsel, 387-5455; Katherine M. Hardy, Deputy County Counsel, 387-5455; Suzanne Bryant, Deputy County Counsel, 387-5455; Agnes Cheng, Deputy County Counsel, 387-5455; Scott Runyan, Deputy County Counsel, 387-5455) on June 15, 2020; Purchasing (Bruce Cole, Staff Analyst II, 387-2148 and Bill Brock, Buyer II, 387-2464) on June 4, 2020; Finance (Stephenie Shea, Administrative Analyst, 387-4919; Wen Mai, Principal Administrative Analyst, 387-4020; Kathleen Gonzalez, Administrative Analyst, 387-5412; and Elias Duenas, Administrative Analyst, 387-4055; Tom Forster, Administrative Analyst, 387-4635) on June 11, 2020; and Finance and Administration (Matthew Erickson, County Chief Financial Officer, 387-5423) on June 15, 2020.