DATE: October 8, 2024
TO: Board of Supervisors
SUBMITTED BY: Edward Hill, Chief Operating Officer/ Interim Director of Internal Services/ Chief Information Officer
SUBJECT: Declaration of Emergency Regarding Fire Damages at Vacant County of Fresno Nielson Property Building
RECOMMENDED ACTION(S):
TITLE
1. Adopt Resolution acknowledging the emergency nature of the fire incident at the vacant County of Fresno Nielson Property building, and ratify all Agreements, contracts, and other documents that the Chief Operating Officer/Interim Director of Internal Services/Chief Information Officer has approved and entered into for services and supplies for the remediation, site containment, structure demolition, and debris removal in response to this incident;
2. Under Administrative Policy No. 34 for competitive bids or requests for proposals (AP 34), determine that an exception to the competitive bidding requirements under AP 34 is satisfied and a suspension of competition is warranted due to unusual or extraordinary circumstances, and that the best interests of the County would be served by entering into an Agreement with Belfor USA Group, Inc. for all agreements, contracts, and other documents for services, equipment, and supplies necessary for the remediation, site containment, structure demolition, and debris removal required due to the fire at the County of Fresno Nielson Property; and
3. Authorize the Chief Operating Officer/ Interim Director of Internal Services/ Chief Information Officer to negotiate and execute agreements and other documents necessary for the response and services required for the vacant County of Fresno Nielson Property building and surrounding property, upon terms that the Interim Director deems necessary and, in the County’s best interest, subject to approval as to legal from County Counsel, and as to accounting by the Auditor-Controller/Treasurer-Tax Collector.
REPORT
Approval of the first recommended action will acknowledge the emergency nature of the fire incident at the vacant County of Fresno Nielson Property building (Nielson Property), and ratify prior actions related to the emergency by the Chief Operating Officer/Interim Director of Internal Services/Chief Information Officer (Interim Director) in conjunction with the County Administrative Officer. Approval of the second and third recommended actions will suspend the competitive bidding process in accordance with Administrative Policy No. 34 and authorize the Interim Director to procure and obtain any additional necessary remediation, site containment, structure demolition, and debris removal services related to the Nielson Property fire incident in a timely manner, and above the $200,000 aggregate threshold provision contained in the Purchasing Manual, up to an amount not to exceed $2,500,000. The item pertains to a location in District 1.
ALTERNATIVE ACTION(S):
There is no viable alternative action. Without immediate response ensuring the remediation, site containment, structure demolition, and debris removal for the Nielson Property building the County asset would be a hazard.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
It is requested that the County find under AP 34 that an emergency for goods or services are immediately necessary for the preservation of the public health, welfare, or safety or for the protection of County property has been identified and that an exception to the competitive bidding requirement is satisfied, and a suspension of competition is warranted due to unusual or extraordinary circumstances, as the emergency nature of the fire incident requires an immediate response. The Internal Services Department - Purchasing division (ISD-Purchasing) concurs with the request to suspend the competitive bidding process.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. Sufficient appropriations and estimated revenues are included in the ISD - Facility Services Division Org 8935 FY 2024-25 Adopted Budget, to initially cover the costs associated with the remediation, site containment, structure demolition, and debris removal services. All costs associated with the aforementioned remediation services will be addressed with a future budget resolution item by no later than the November 5, 2024, Board of Supervisors Meeting to present potential fiscal limitations.
DISCUSSION:
The Nielson Property, located at 760 W. Nielsen Avenue in Fresno, once served as the County of Fresno Animal Control building. On September 24, 2024, the County was notified that the Nielson Property building, then vacant, was on fire and that the Fresno Fire Department was at the scene addressing the incident. The Fresno Fire Department suspects that the fire was caused by vandalism. After the fire was extinguished, it was deemed that the remaining standing structure was a total loss.
In order to ensure the continued safety of County residents, ISD-Facilities began working in collaboration with Belfor USA Group, Inc. for remediation, site containment, structure demolition, and debris removal services.
Approval of the recommended actions will acknowledge the emergency at the Nielson Property as a result of the fire incident, and allow remediation, site containment, structure demolition, and debris removal as quickly and efficiently as possible.
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Resolution
Suspension of Competition Acquisition Request
CAO ANALYST:
Ahla Yang