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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
San Bernardino County Grand Jury
• 2016-2017
San Bernardino International Airport
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings 12 findings
F1
Page 140
When the contract was awarded in March 2014, a decision was made to issue the contract to only one proposer to cover all four regions. The Grand Jury was informed that there was a catch-all statement within the RFP that authorized the proposal to be issued to either one region or to all four regions. When the interviewees were asked to locate this statement in the RFP, they were unable to do so.
F2
Page 140
The Grand Jury determined that based upon interviews and the terms used within the purpose of this RFP, the proposers were led to believe that the contract would be awarded based upon past practices.
F3
Page 140
The Grand Jury found that the statement including one or more regions, up to all four regions, was omitted from this RFP.
F4
Page 140
Based upon the Grand Jury's interviews and documentation received, the Purchasing Department had no guidelines to define when a RFP should be re-issued.
F5
Page 140
When the Grand Jury inquired why State's Superior Court Judges were included, it was stated that they would be in the best position to know the reputations of the attorneys submitting the bid proposals.
F6
Page 140
The Grand Jury does not have jurisdiction to request interviews or obtain any documentation from the State's Superior Court Judges who served as two members of the panel.
F7
Page 140
Two attorney from County Counsel served as members of this panel. 2016-2017 San Bernardino County Civil Grand Jury – RFP for the Indigent Adult Appointed Representation Service Contract 104
F8
Page 141
No process was in place to validate the legal entity of the proposer.
F9
Page 141
In reviewing the appeal letters, it was discovered by the Purchasing Department that one of the proposers was not a legal entity at the time the proposal was submitted.
F10
Page 141
The justification of the scoring of references could not be validated as no documentation could be located.
F11
Page 141
The Grand Jury noted that there were wide variations among the evaluators' scores within the same categories.
F12
Page 141
The Purchasing Department is currently working on training modules that will include specific guidelines for issuing of RFPs.
Recommendations 9
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R1Page 1692 - INTERNAL CONTROLS Direct management to refine processes for ensuring the comprehensive documentation of business processes and transactions. RESPONSE Agree. SBIAA [San Bernardino International Airport Authority] efforts in the document production process for the San Bernardino County Grand Jury enabled SBIAA staff to determine areas where business processes and transactions could potentially be improved. This will be an ongoing effort to be presented to the SBIAA Commission to continually refine processes by and through the SBIAA Finance and Budget Committee and establishment of other SBIAA Commission formed committees as appropriate for formal submission to the SBIAA Commission. Timeline for completion: CURRENT STATUS Has been completed. The SBIAA Commission continues to implement and refine this practice in its adopted policies and procedures which require annual review and update every October. That continued process has led to implementation of industry best practices, adoption of a new 2016-2017 San Bernardino County Civil Grand Jury – Response Accountability: SB International Airport 132 Strategic Plan, as well as several process enhancements such as implementation of new Finance and Accounting software, property management and compliance systems, and electronic records management systems.
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R2Page 1701c - CONSTRUCTION MANAGEMENT Enforcing all provisions in the Terminal and Fixed Base Operator (FBO) leases requiring the developer to provide detailed monthly progress reports. The Commission should also require the developer to provide and present such reports at all Commission meetings. RESPONSE Agree. The SBIAA Commission will require the Chief Financial Officer to submit copies of detailed First American Fund Control reports and other documentation on the Terminal and FBO 2016-2017 San Bernardino County Civil Grand Jury – Response Accountability: SB International Airport 133 projects to the SBIAA Commission on a monthly basis at its regularly scheduled public meetings as an adjunct to its Register of Demands information. At the discretion of the SBIAA Commission, the developer may be required to provide additional information upon demand. Timeline for completion: 1 month CURRENT STATUS Has been completed. The Terminal and FBO leases, as well as related contracts, were terminated in their entirety in 2012. The most recent construction policies and procedures document was last updated on October 26, 2016, and requires traditional design-bid-build construction contracts.
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R3Page 1723 - EQUIPMENT ACQUISITION Set a regular schedule for reviewing, revising and formally approving updates to the purchase policy. RESPONSE Agree. All current SBIAA policies and procedures, including the Strategic Plan, include a provision requiring annual evaluations and/or update. Many of these coincide with the annual SBIAA budget approval process. All proposed and future updated SBIAA policies and procedures will include such annual evaluations and/or update provisions. Timeline for completion: CURRENT STATUS Has been completed. The SBIAA Commission continues to implement this practice as it is included in its adopted policies and procedures. All policies and procedures, including the purchasing policy, are reviewed and updated in October of every year. The most recent update was approved by the SBIAA Commission on October 26, 2016. 2016-2017 San Bernardino County Civil Grand Jury – Response Accountability: SB International Airport 135
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R4Page 1731 - LAWSUIT SETTLEMENT Engage the services of a reputable, independent auditing firm to examine the representations and warranties made by Norton Aircraft Maintenance Services (NAMS) and SBD management in connection with the Settlement and Mutual Release Agreement and, if found to be false or untrue, demand immediate repayment of the Insurance Loan, Rent Credit and Temporary Aircraft Rehabilitation Loan balance. RESPONSE Agree. The SBIAA Commission will seek proposals from independent legal experts to review the referenced documents and to provide recommendations to the SBIAA Commission accordingly. Timeline for completion: CURRENT STATUS Has been completed. The contracts with NAMS and SBD were terminated in their entirety in 2012 via court order.
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R5Page 1731 - CONTRACTOR RELATIONS Direct staff to review current contracts for construction services and Airport operations to identify modifications that may be necessary to protect Inland Valley Development Agency and SBIAA from potential future risk. RESPONSE Agree. On July 27, 2011, the SBIAA Commission received the memorandum of a noted aviation attorney specializing in U.S. Department of Transportation (DOT) and Federal Aviation Administration (FAA) regulatory matters. The SBIAA Commission will seek proposals from 2016-2017 San Bernardino County Civil Grand Jury – Response Accountability: SB International Airport 136 other independent legal experts to review the referenced agreements. Timeline for completion: 12 months CURRENT STATUS All contracts with such entities were terminated in their entirety in 2012 via court order. Current adopted policies and procedures include industry best practices and protective provisions. 2016-2017 San Bernardino County Civil Grand Jury – Response Accountability: SB International Airport N T Y OF SAN BERN A R D O U IN C O G R Q A uae N rite D Ver i J ta U tem R Y Information regarding the San Bernardino County Grand Jury or an application to serve on the Grand Jury can be obtained by contacting the Office of the Grand Jury 172 West Third Street, Second Floor San Bernardino, CA 92415-0243 Office: (909) 387-9120 Information is also provided on the website at http://cms.sbcounty.gov/grandjury/Home.aspx
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R17-43Page 149Best practice standards as outlined by Department of Homeland Security and Interagency Security Committee be continued in all phases of this project.
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R17-44Page 149All future new construction should incorporate Department of Homeland Security and Interagency Security Committee standards.
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R17-45Page 149Training by the Sheriff's Department regarding Safety and Security be scheduled regularly for all County departments.
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R17-46Page 149Regular training, such as that provided by Guidepost Solutions, be made a priority for all County employees. *Note: Some information/documentation given to the Grand Jury was not for public disclosure and it is not discussed in this report. AGENCY RECOMMENDATIONS DUE DATE Facilities Management and Real Estate Services 17-43 through 17-46 10/1/2017 2016-2017 San Bernardino County Civil Grand Jury – SB County Facilities, Site Security and Public Safety