San Bernardino County Grand Jury
2016-2017
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Findings & Recommendations
9 findings
F1:
The AVUSD relied on California Vehicle Code section 22850.5(a) to charge a vehicle release fee and to make increases in that fee. The vehicle code section relied upon gives authority to charge this fee to "...a city, county, or city and county, or a state agency." AVUSD- PD is not a city, county, or city and county or a state agency, and thus has no authority to charge this fee.
F2:
Based on interviews with several AVUSD-PD personnel and several owners/drivers of vehicles that were towed at the direction of AVUSD-PD, the registered owners and legal owners were not notified of their right to a poststorage hearing to determine the validity of the storage, as mandated by California Vehicle Code section 22852(a).
F3:
After interviewing several AVUSD personnel and owners/drivers of some of the vehicles that were towed by the authority of AVUSD-PD, proper notice of their right to a tow hearing was not given as mandated by California Vehicle Code section 22852(a).
F4:
Through the combined interviews conducted by the Grand Jury of AVUSD personnel, interviews with drivers/owners of vehicles that were towed at the direction of the AVUSD-PD, review of documents provided by AVUSD-PD, and a legal opinion from San Bernardino County Counsel, it was determined that, in many cases, the AVUSD-PD did not have authority to stop, cite, and tow vehicles. Many owners could not pay the tow and storage fees, and their vehicles were subsequently lien sold.
F5:
Based on interviews with AVUSD and AVUSD-PD personnel and based on a review of documents submitted by AVUSD, the AVUSD-PD was authorizing the towing of vehicles using only one tow service for a number of years, with no written contract, no signed Memorandum of Understanding, and without the involvement of the AVUSD Administrative Services Division. 2016-2017 San Bernardino County Civil Grand Jury – Apple Valley USD PD 17
F6:
Based on interviews with AVUSD-PD personnel, interviews with AVUSD personnel, and a review of California Penal Code section 830.32, Education Code 38000, and case law, the majority of instances where the AVUSD-PD stopped, cited, and authorized the towing of vehicles exceeded the authority of the AVUSD police officers, since most instances did not indicate an immediate threat to persons or property.
F7:
Based on the examination of citations written by the AVUSD-PD during the years 2014, 2015 and 2016, there is a constant increase in the number of citations written and vehicles being towed, with the vast majority of citations being for non-hazardous vehicle code violations. This activity results in the officers being taken away from their primary duty, which is the protection of school children, school personnel, and school property.
F8:
The AVUSD has operated without a signed MOU with SBCSD.
F9:
Based on the tow log received by the AVUSD-PD on all cars that department ordered to be towed by the only tow company used during the years 2014, 2015, and 2016, and compared to the cars that the tow company received during 2014, 2015, and 2016, over 500 cars are unaccounted for even though both the AVUSD-PD and the tow company stand by their records.
Additional Recommendations
8
Not linked to specific findings.
R1:
Consider moving towards sibling and permanency units Completed
R2:
Continue to use Geo-Staffing for case distribution and introduce an overflow Completed method
R3:
Consider implementing a rotation or cross training program to promote growth Completed for all staff
R4:
Formalize recommended caseloads Completed
R5:
Develop method to support workload balancing Completed
R6:
Implement recommended caseloads and unit configuration for redesign and assure social worker to caseload ratio is appropriate. Evaluate clerical staffs workflow Completed and adjust to new unit configuration process Supervision and Organizational Structure
R7:
Review the overall referral workload for the agency and determine if the Completed appropriate assignments/duties are being completed by the appropriate personnel. 7a. Process Redesign Study In-Progress
R8:
Consider utilizing time study for all professionals to maximize resources In-Progress Effective Use of Technological Tools
Findings & Recommendations
10 findings
F1:
CFS has made steady progress on implementing changes in organizational objectives.
F2:
No progress reports have been made directly to the BOS to apprise them of the value of investing $250,000 in the redesign.
F3:
A disconnect exists between the implementation of the redesign elements and the changes brought about in organization and operations.
F4:
Workers who had been part of blended units expressed a preference for them for their teamwork aspect.
F5:
Although CFS is approaching full staffing, professional training takes one to two years. Therefore, it will be some time before current staff members, whose case and workloads remain high, feel the effects of full staffing.
F6:
There were no clear job descriptions to distinguish among SSP classes I-V.
F7:
CFS has begun to provide ARC shifts in outlying offices.
F8:
Staff welcomed the issue of new technological tools. In the field these tools will enable staff to better utilize time and communicate with offices and clients.
F9:
The wording of 2012-2013 Grand Jury Recommendation 13-10 lacked specificity: "Enhance the Annual Report for this purpose." The "Annual Report" that the Grand Jury recommended to be upgraded for the purpose of accountability to the public was not SIP. It was the former in-house report intended for the staff, which CFS has since made a public document on the CFS website.
F10:
Updating of CFS website is limited. 2016-2017 San Bernardino County Civil Grand Jury – Children and Family Services 34
Findings & Recommendations
8 findings
F1:
Demands on the 9-1-1 system are influencing the need for a re-evaluation of the EMS system. It was designed "to provide better management of resources, real-time exchange of medical information, and improvement in the delivery of appropriate, safe, cost effective, and quality healthcare." (Attachment 1, page i).
F2:
Bed delay directly affects the safety of patients and the general public who experience emergencies.
F3:
A shortage of ED beds and the lack of a trauma center exist in the High Desert. This shortage leads to hospital and emergency department overcrowding resulting in bed delays.
F4:
The misuse of the 9-1-1 system on a regular basis overloads dispatch and decreases the availability of ambulances.
F5:
A lack of coordination occurs among the three high desert hospitals, AMR, and SBCFD regarding overcrowding.
F6:
Communication problems result from AMR and SBCFD not operating on the same radio frequency.
F7:
Enhanced 9-1-1 call screening data is collected but not utilized.
F8:
No effective action has taken place to begin implementation of the ICEMA "Centralized Medical Control Proposal." 2016-2017 San Bernardino County Civil Grand Jury – HD Ambulance Availability and Bed Delay 44
Additional Recommendations
41
Not linked to specific findings.
R1:
An increase in the number of newly insured patients as a result of healthcare reform placing higher demands on already strained, over-crowded emergency departments (ED).
R2:
Further pressure on a county where the demand for inpatient beds is already significantly greater than the supply.
R3:
A disproportionately low number of local primary and specialty care physicians.
R4:
An aging population with additional medical needs, and the evolving role of EMS in the healthcare system, e.g., community paramedicine. These demands are influencing the need for an unprecedented, proactive reevaluation and remodeling of the EMS system designed to provide better management of resources, real-time exchange of medical information and improvements in the delivery of appropriate, safe, cost effective and quality healthcare. The extent that these changes will ultimately impact EMS remains unclear, but it is evident that there are already increased demands on the EMS system and hospital EDs to provide primary care to the newly insured. There is also continued pressure to provide behavioral health services in the emergency setting. This results in the exacerbation of long-standing system inefficiencies, resource shortages and ED overcrowding. From the EMS perspective, the most tangible impact on the EMS system is ambulance patient offload delays (APOD) or the inability to move patients from ambulance gurneys to ED beds or chairs due to ED overcrowding. The number of APOD hours has been increasing out of proportion to the increases in 9-1-1 requests for medical assistance. APOD exceeded 20,000 hours in 2014. Without systemic interventions, the 2015 APOD numbers are on track to exceed 30,000 hours. i APOD not only impacts the transfer of care of patients, it delays the return of ambulances to respond to other calls for emergency services. The downstream effect of APOD is that first responders, including fire service and law enforcement personnel, must remain on scene longer than necessary thus delaying responses to a variety of emergencies including medical, fire, hazardous materials and crime related incidents. APOD directly affects the safety of patients and the general public that experience emergency response delays. Potential Solutions: An APOD Task Force comprised of stakeholders from San Bernardino and Riverside Counties identified a number of potential solutions to address these issues to promote better management of current resources, improve patient care and reduce APOD time resulting in the transfer of care and subsequent expeditious release of ambulances from EDs. These solutions include:
R5:
Implementation of pre-hospital triage strategies, such as enhanced 9-1-1 call screening and increased utilization of existing nurse advice lines designed to identify patients that do not require the historical EMS response or an ED to provide care for the patient’s medical complaint.
R6:
Development, implementation and continuation of ongoing public education strategies to address appropriate utilization of the EMS system and changing expectations that calling 9-1-1 always results in transportation to the ED. This must occur in partnership with healthcare insurance organizations, hospitals, EMS providers, and all levels of healthcare practitioners.
R7:
Implementation of EMS personnel on scene screening of non-critical patients, through approved protocols, that results in routing these lower acuity 9-1-1 patients to appropriate non- emergency department medical facilities i.e., urgent care centers and clinics.
R8:
Development of additional resources to support law enforcement and EMS personnel that encounter behavioral health patients and assist with the decision making regarding the placement of mental health holds commonly referred to as 5150s.
R9:
Development of protocols to guide the transportation of patients with behavioral health conditions such as a 5150 without a medical condition that meet specified screening criteria to appropriate behavioral healthcare settings. ii
R10:
Implementation and adoption of emerging technologies to assist the EMS personnel in the triage of both 9-1-1 patient responses and in the evolving community paramedicine models, including post discharge patient encounters. The possible solutions are in line with current regulations in California that allow for a variety of options and alternatives in the delivery of EMS patient care. However, a centralized medical control mechanism and process to manage the online medical direction to EMS personnel in a uniform manner does not currently exist in San Bernardino County. The concept of a centralized medical control is critical to implementing the possible solutions. Following APOD Task Force discussions, the Hospital Association of Southern California (HASC) and the 18 San Bernardino County hospital CEOs proposed exploring the creation of a centralized medical control and transportation hub, or MedCon for discussion purposes, to better address and implement these solutions. HASC and the hospital CEOs then asked the Inland Counties Emergency Medical Agency (ICEMA) to prepare a proposal for an ICEMA managed MedCon. It is believed that a centralized approach to providing medical direction to triage patients to appropriate destinations would better utilize current resources and provides a platform for the development and inclusion of identified solutions. This centralized medical control approach would also provide a focal point for the technologies necessary to address the challenges in effectively managing the strategies. It would also reduce medical control duplication and the costs associated with patient transport to inappropriate venues of care, i.e., EDs. The MedCon would require real-time situational awareness. This would be accomplished by leveraging and incorporating existing and emerging technologies so the centralized medical control staff, including on-duty emergency medicine physicians, can provide real-time medical direction to EMS personnel thereby improving community health in line with the San Bernardino County Board of Supervisors Countywide Vision. Based on the HASC and hospital CEOs request, ICEMA investigated the centralized medical control concept, including operational, financial and logistical needs associated with developing and managing such an operation. ICEMA concludes that the MedCon concept has merit and further exploration is warranted in order to achieve the objectives of responding to the changing healthcare environment, reducing overall costs by transporting patients to appropriate iii destinations for care, improving patient satisfaction and decreasing if not eliminating APOD and its effects on public health and safety. MedCon Functions: Under ICEMA’s Medical Director oversight, MedCon staff would provide the following value added operational functions:
R11:
Receive and approve EMS field personnel requests for treatment orders during 9-1-1 responses, specialty patient interfacility transfers and for community paramedicine (CP) post discharge follow-up visits if or when a local CP pilot program is fully implemented.
R12:
Approve patient requests for refusal of care or transportation against medical advice (AMA). This will also provide the opportunity for the patient to speak directly to an emergency medicine physician in complex cases where the AMA could have life threatening implications.
R13:
Provide real-time medical direction to EMS field personnel to approve non-urgent and non-acute patient transportation to pre-designated care facilities i.e., urgent cares and clinics.
R14:
Approve medical treatment of non-critical patient’s on scene and the subsequent release of non- critical patients for follow-up by the patient’s primary healthcare provider at a later time.
R15:
Provide a centralized point of access to behavioral and public health personnel when needed.
R16:
Utilize clinically persuasive technologies to aid in management of various illnesses, i.e., congestive heart failure (CHF) and diabetes.
R17:
Provide physician directed continuous quality improvement.
R18:
Provide a collaborative, integrated environment where behavioral health, law enforcement and the emergency medicine physician in the MedCon can work together, in real-time, to assist law enforcement and EMS field personnel in determining the appropriate use of 5150 holds.
R19:
Provide medical clearance for 5150 patient transportation to appropriate behavioral health facilities through the use of telemedicine (video conferencing) technologies leveraging the expertise of the MedCon emergency medicine physician.
R20:
Screen or authorize low acuity 9-1-1 call referrals using an established Emergency Medical Dispatch tier known as the Omega level, instead of dispatching the normal EMS response to all 9- 1-1 requests that result in unnecessary and costly EMS resource utilization and patient transports to EDs.
R21:
Monitor availability of 9-1-1 receiving hospitals and specialty care centers (STEMI, stroke and trauma) to manage transportation to the closest most appropriate medical facility. iv
R22:
Assist in facilitating interfacility transfers, including STEMI, stroke and trauma patients, using continuation of care protocols.
R23:
Expedite interfacility transfers outside the ICEMA region using the mutual aid system when local resources are depleted.
R24:
Direct patient destination and other care decisions during Multiple Casualty Incidents (MCIs) and disasters.
R25:
Authorize and monitor EMS aircraft utilization.
R26:
Authorize and help facilitate ambulance strike team deployment or other medical mutual aid requests.
R27:
Assist in the preemptive treatment and transport of patients at long-term and/or convalescent facilities.
R28:
Manage the initial screening and notifications for infectious disease responses, i.e., Ebola.
R29:
Facilitate the dispatch and transportation of the Hospital Emergency Response Team (HERT) comprised of trauma center surgeons and nurses to provide care during complex extrications of entrapped patients.
R30:
Function as the ICEMA duty officer to manage any EMS system issues.
R31:
Function as the conduit to the Medical Health Operation Area Coordinator (MHOAC), a role shared by the Public Health Officer and EMS Administrator.
R32:
Provide centralized access to the Inland Empire Health Information Exchange (IEHIE) portal for patient care information based on an existing agreement between ICEMA and the IEHIE. Logistics/Planning/Finance: The potential roles of the centralized medical control require significant front end planning to develop and implement the MedCon. This includes the technical requirements to fully leverage existing and emerging technologies, and to utilize and develop best practices. ICEMA envisions that telemedicine; computer aided dispatch linkage, geographical information systems (GIS) and advanced computer augmented communication technologies will be needed to provide appropriate functionality. ICEMA will require additional human resources, not currently available; to fully explore the logistical, operational and fiscal requirements of the ICEMA operated MedCon. Therefore, ICEMA recommends establishing an Ad Hoc MedCon advisory task force comprised of subject matter experts familiar with logistics, planning and finance that would be headed by the ICEMA EMS Administrator. v ICEMA or contract personnel would provide direct project planning oversight. The ICEMA EMS Administrator and ICEMA Medical Director would provide overall project planning and design oversight. The MedCon requirements will include identifying needs, such as a location, technical and communications equipment, and human resources i.e., emergency medicine physicians, to develop, implement and sustain the center. In addition, ICEMA staff resources will be needed to develop appropriate policies, treatment protocols and quality improvement methodologies to support the centralized medical control concept. The full impact on the ICEMA budget for the resources necessary to develop, implement and operate the MedCon are yet to be determined. Additional anticipated expenses include the development of contracts with alternate destination providers, i.e., urgent care centers, the promulgation of supporting policies and protocols, and the ongoing quality improvement processes to monitor the effectiveness of the MedCon. Additional evaluation of the funding streams must occur as part of the detailed planning process. Part of the analysis should include the anticipated decreases in ED and EMS resource utilization and associated savings of using lower cost points of care upon MedCon implementation. Healthcare insurance organizations, hospitals and EMS providers will see a corresponding and likely substantial reduction in operating costs. As a result, those entities could be considered as potential funding sources to support the development and implementation of the MedCon. The location of the ICEMA operated MedCon is one of the logistical needs that requires further exploration. Estimated total space to accommodate all of the functions is yet to be identified until the full scope of the MedCon operations are determined. At the minimum staff and supervisor workstations, space for server and voice/computer cabinets and equipment racks must be included. ICEMA recommends that board certified or eligible emergency medicine physicians provide the online centralized medical control services. This could be accomplished by using an emergency. medicine physician group or ICEMA contract physician employees with ICEMA provided support services. Anticipated positons include, but may not be limited to:
R33:
Emergency medicine physician(s)
R34:
Technical support staff
R35:
Omega call screener(s)
R36:
Incoming call taker(s)
R37:
Office Assistant III(s)
R38:
EMS Specialist(s) Technologies would include hardware and software components necessary to provide required functionality. The infrastructure, such as the computer networks and hardware to host the technologies, would be available through the San Bernardino County Information Services Department at a cost to be determined based on need. Communications resources using the County’s 800 MHz system would be required to provide online access to EMS providers throughout the region. Enhanced services, such as the use of telemedicine technologies, will require software solutions that are HIPAA compliant and use existing communication technologies. Technical equipment required:
R39:
Workstation computers
R40:
Communication devices
R41:
Video conferencing and software A Geographical Information System (GIS) would also be needed for real-time situational awareness. This system would integrate existing information sharing platforms, such as weather and road conditions, hospital status/bed availability, location of key infrastructure/facilities and the status for air/ground resources, into separate layers on a scalable visualization tool. The system would aggregate existing data from these information sources into an interoperable common operating picture for complete situational awareness. The use of GIS is in line with the Countywide Plan process that includes the use of a single GIS system that incorporates multiple information sources that can be accessed as needed by various users. The cost of developing the required GIS layers and integrating into the emerging countywide system are yet to be determined. MedCon will require computerized workstations that would include a minimum of a communications monitor, video monitor, and situational awareness monitor at each station with access to GIS and various other information sources including voice and software. vii ICEMA recommends the development and implementation of redundant MedCon capabilities that would be used in the event of failure of the primary MedCon. This redundancy can potentially be established with the evolving Riverside County EMS Agency centralized transportation hub to assure full information sharing and resulting in additional redundant capabilities that can be implemented during emergencies affecting one of the facilities. Satellite communications should also be incorporated to provide redundant communication capabilities during local or large scale disasters. This would allow fail-safe contingency services to occur in the event of a disruption of standard communication services including internet, phone, and radio. These services would use a variety of systems, including voice over internet technologies (VOIP), to achieve communications with and to assure redundancy and survivability. Conclusion: ICEMA would like to begin the detailed planning process in conjunction with key EMS system stakeholders to fully develop the MedCon as soon as possible. The concept has been discussed extensively in the APOD Task Force and in a number of other forums. ICEMA has received generally positive feedback during these discussions. In fact, the need to proceed rapidly is a continuing theme that has emerged from these discussions. Based on the feedback received this clearly represents an unprecedented opportunity to be proactive rather than reactive to the many challenges that are occurring in healthcare in the United States that directly affect the provision of EMS. The implementation of the MedCon concept has been identified as central to the strategy of reducing APOD and its unintended consequences. viii Attachment 2 ICEMA Bed Delay Report i Report Detail This report collects and summarizes the "Bed Delay" for a selected group of hospitals. "Bed Delay" is the time between arrival of an ambulance at a hospital and the hospital receiving the patient. The first 25 minutes are excluded from consideration. The only type of transports that are considered are 911 calls where the patient is treated and transported via ambulance. Abbreviated Name Full Name Name Full Name ARMC Arrowhead Regional Medical Center BCH Barstow Community Hospital BVCH Bear Valley Community Hospital CVMC Chino Valley Medical Center CRMC Colorado River Medical Center CHSB Community Hospital San Bernardino DVMC Desert Valley Hospital Center HDMC Hi-Desert Medical Center KHF Kaiser Hospital Medical Center - Fontana KHO Kaiser Hospital Medical Center - Ontario LLUMC Loma Linda University Medical Center MHMC Montclair Hospital Medical Center MCH Mountains Community Hospital RDCH Redlands Community Hospital SARH San Antonio Regional Hospital STBMC St. Bernardine Medical Center STMMC St. Mary Medical Center VALL JLP VA Loma Linda VVGMC Victor Valley Global Medical Center ICEMA, ePCR Database. Compiled 1/9/2017, PW. ii Total Bed Delay Hours* and Bed Delay Transports by Hospital January 2016 – December 2016 Total Bed Bed Delay Total Bed Delay Average Bed Delay Median Bed Delay Hospital Delay Hours Transports Transports Percentage by Patient by Patient ARMC 2073:08 4,552 13,314 34.2% 0:27 0:15 BCH 312:40 770 5,630 13.7% 0:24 0:14 BVCH 36.33 169 1,702 9.9% 0:12 0:06 CVMC 399.15 1,007 5,475 18.4% 0:23 0:11 CRMC 18:02 35 808 4.3% 0:30 0:11 CHSB 2077:03 3,298 6,214 53.1% 0:37 0:19 DVMC 4213:2 7,000 11,167 62.7% 0:36 0:20 HDMC 207:43 722 5,072 14.2% 0:17 0:09 KHF 3087:22 5,115 13,534 37.8% 0:36 0:17 KHO 1841:43 3,000 7,890 38.0% 0:36 0:19 LLUMC 2849:14 5,778 13,472 42.9% 0:29 0:16 MHMC 481:23 885 2,885 30.7% 0:32 0:17 MCH 10:45 44 512 8.6% 0:14 0:09 RDCH 3033:13 5,265 9,514 55.4% 0:34 0:20 SARH 3522:47 5,803 14,571 39.8% 0:36 0:18 STBMC 4288:59 7,673 13,754 55.8% 0:33 0:17 STMMC 4232:59 6,715 11,708 57.4% 0:37 0:18 VALL 104:30 6,715242 1,162 20.8% 0:25 0:13 VVGMC 3250:13 4,093 7,053 58.0% 0:47 0:21 Total 36040:59 62,167 145,437 42.7% 0:34 0:18 iii iv v 45 INSPECTIONS OF JAILS/PRISONS/DETENTION CENTERS WITHIN THE COUNTY OF SAN BERNARDINO
Findings & Recommendations
14 findings
F1:
DTPA does not meet ADA requirements for an accessible campus as the Grand Jurors observed at the March 2017 Board meeting.
F2:
DTPA has major maintenance issues regarding its site.
F3:
AESD has not complied with its Charter Facilities Agreement with DTPA regarding major maintenance.
F4:
DTPA does not utilize its website for required postings of information regarding biographies of Board members, of the Articles of Incorporation or the Bylaws, and of the approved minutes of previous meetings.
F5:
NSLA does not utilize its website for required posting of approved meeting minutes within five days of their approval according to requirements of the Ralph M. Brown Act.
F6:
Ralph M. Brown Act provisions regarding the posting of approved minutes on the charter school's website, and holding Board meetings in an ADA accessible meeting room, are not complied with during and after Board meetings at DTPA.
F7:
SBCSS as the supervisorial oversight agent for DTPA and NSLA provides extensive services from its charter liaison to each charter it oversees. 2016-2017 San Bernardino County Civil Grand Jury – Oversight of SB County Charter Schools 94
F8:
A cooperative relationship exists between the charter liaison and the two charters.
F9:
A cooperative relationship between DTPA and AESD was breached when an outside arbitrator was needed to resolve issues regarding school site usage.
F10:
DTPA has paid for major maintenance repairs when Adelanto Elementary School District should have paid per the MOU of June 26, 2013.
F11:
At charter school Board meetings scheduled in January 2017 for NSLA and in March 2017 for DTPA, NSLA had few teachers present and DTPA had none.
F12:
Parents attending Board meetings at NSLA and DTPA were limited in number and usually were the ones serving as Board members.
F13:
The charter school liaison exceeds the minimum number of charter school visits which is one per school year.
F14:
Work orders are prioritized by AESD but not repaired accordingly.
Findings & Recommendations
12 findings
F1:
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:
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:
The Grand Jury found that the statement including one or more regions, up to all four regions, was omitted from this RFP.
F4:
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:
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:
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:
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:
No process was in place to validate the legal entity of the proposer.
F9:
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:
The justification of the scoring of references could not be validated as no documentation could be located.
F11:
The Grand Jury noted that there were wide variations among the evaluators' scores within the same categories.
F12:
The Purchasing Department is currently working on training modules that will include specific guidelines for issuing of RFPs.
Additional Recommendations
9
Not linked to specific findings.
R1:
2 - 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: Within 12 months 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.
R2:
1c - 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.
R3:
3 - 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: Within 12 months 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
R4:
1 - 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: Within 12 months CURRENT STATUS Has been completed. The contracts with NAMS and SBD were terminated in their entirety in 2012 via court order.
R5:
1 - 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
R17-43:
Best practice standards as outlined by Department of Homeland Security and Interagency Security Committee be continued in all phases of this project.
R17-44:
All future new construction should incorporate Department of Homeland Security and Interagency Security Committee standards.
R17-45:
Training by the Sheriff's Department regarding Safety and Security be scheduled regularly for all County departments.
R17-46:
Regular 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