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Consent-General Government # 22.
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| Board of Supervisors |
Financial Services |
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| Subject |
| Authorize Assistant County Administrator, County Counsel, and/or Chief Financial Officer to execute intergovernmental agreements with state and federal agencies necessary to continue the Monroe Detention Facility and Leinberger Detention Facility (SB863) Projects. (No general fund impact) (Newens) |
| Recommended Action |
- Authorize Assistant County Administrator, County Counsel, and/or Chief Financial Officer to execute intergovernmental agreements with the Board of State and Community Corrections (BSCC), the California Department of Corrections and Rehabilitation (CDCR), the State Department of Finance (DOF), and the U.S. Marshals; and
- Authorize Assistant County Administrator, County Counsel and/or Chief Financial Officer to execute amendments to all agreements associated with AB900 and SB863 provided that the contracts, agreements, and change orders do not result in cost increases to overall project budget approved by the Board.
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| Strategic Plan Goal(s) |
Operational Excellence
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| Reason for Recommended Action/Background |
The Monroe Detention Expansion (AB900 Funding) and Leinberger Detention Facility (SB863) were included in the County's Capital Improvement program and related bond issuance of the 2017 Capital Projects Lease Revenue Bonds. In order to continue to work through administrative steps required as part of the project process with the State of California Board of State and Community Corrections (BSCC), County staff has worked with the state on a number of coordination calls to ensure the compatibility of the bonds that will be issued in the future by the State Public Works Board to ensure there is no conflict with the County of Yolo bonds. The end result is a Cooperative Agreement on the expenditure of bond proceeds to ensure that both agencies maintain compliance with federal tax rules associated with tax exempt financing.
The County is continuing to work through coordination activities with the California Department of Corrections and Rehabilitation (CDCR) on compatibility of the bond financing for the State Public Works Board on the Monroe AB900 project. It is anticipated that both parties will arrive at a similar cooperation agreement on the expenditure of bond proceeds and therefore it is requested that authority be given to specific officials to allow this to move forward without delay.
In an effort to ensure all parties maintain compliance in regard to private income rules for tax exempt debt, the State Department of Finance and BSCC requested that the County Sheriff's Department enter into an amended agreement for limitations on federal prisoners. The rationale for the amendment was that acceptance of federal prisoners is an income generating activity and if that income exceeds certain thresholds, it presents a risk to the tax exempt status of both the County and the State Public Works Board Bonds. Therefore, county staff request authority for the Assistant County Administrator to approve the amendment to the federal prisoner agreement with the US Marshals Service.
In addition to the Cooperative Agreements and the amendment to the US Marshall's Agreement, it is anticipated that the State will require a ground lease and/or site lease to utilize the Monroe and Leinberger Detention Facilities as collateral for the State Public Works Board bonds. Therefore, County staff would like to obtain authorization for the key county officials including the Assistant County Administrator, County Counsel and Chief Financial Officer to be able to execute necessary documents to complete the ground and site leases to continue the Monroe and Leinberger projects.
The BSCC and the CDCR will also require a Project Delivery and Construction Agreement (PDCA) which is required to be executed between the County and the State prior to the beginning of the construction period on each of the Jail projects.
There may be additional administrative agreements and contracts necessary in order to continue to pursue the Jail project construction and fulfill grant requirements of AB900 and SB863. Therefore, staff request that broad authority be given to the Assistant County Administrator, County Counsel and/or Chief Financial Officer to authorize agreements and amendments to continue the projects so long as they do not result in increases to the overall project budgets approved by the Board of Supervisors. |
| Collaborations (including Board advisory groups and external partner agencies) |
| The Department of Financial Services collaborated with the County Administrator's Office, the County Sheriff's Office, the BSCC, CDCR, and US Marshalls on the SB863 and AB900 projects and required intergovernmental agreements. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The fiscal impact of the Monroe and Leinberger Detention projects are included in the County's budget and included in the Capital Improvement Program. These agreements are administrative in nature to continue to meet the requirements for SB863 and AB900 grant funding. |
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