Download Orange County Fairgrounds Protest
A protest against the bid process being used by DGS to sell the Orange County Fairgrounds has been filed. The protest alleges that the RFP favors one bidder over all others. Additionally, the protest alleges that the Fairgrounds cannot be sold due to cloudy title and not being classified as "surplus property". Also alleged is that the proceeds of the sale of the Fairgrounds cannot be used for the General Fund as desired by the Governor.
The allegation that the bidding process has been rigged to favor one bidder over all others does not surprise those who have been watching what is playing out in Costa Mesa's negotiations with Facilities Management West (FMW.) To further their chances of actually getting control of the property, FMW hired Gary Hunt, Gov. Schwarzenegger's campaign finance chair who works for California Strategies. Another insider was also brought into the FMW fold. Becky Bailey-Findley, the former OC Fair CEO, was retained by Costa Mesa as their consultant on the purchase of the property until it was found out she was also talking with FMW about potential employment with them.
The bid protest outlines how the terms of the new RFP are the same or nearly the same as the deal FMW is negotiating with Costa Mesa:
- Both allow a secured promissory note (RFP, pg. 8; Agreement, section 2.2 A);
- Both have a $96.0 million sale price (Agreement, section 23.1, RFP II, pg.1);
- The RFP II has a minimum down payment of $20.0 million (RFP, pg. 8); the Agreement has an initial principal payment of $19.2 million (Agreement, section 2.2);
- The RFP has a term not to exceed 40-years with fixed annual payments determined by the bidder, and a fixed payment schedule not based on Property operation; the Agreement allows for staggered payments (RFP, pg.8; Agreement, Purchase Price, Sections 2, 2.1, 2.2); and
- Both recite the property is being sold "as is", with the Agreements including personal property. (RFP II, pg. 10; Agreement, Recitals A and Sections 1.1, 4.1)
Another issue that is raised is the short time frame to do due-diligence on the deal. The prior RFP had over 90 days for due diligence, the current RFP has 30 days. Due diligence includes inspecting buildings and grounds, determining the condition of any other property being purchased, performing a title search to find out title is clear enough to be transferred, pulling together financing, putting together an operating plan for the property (even if for internal use, this is needed to determine the highest bid the bidder will go to.) Inspecting the buildings, grounds, and other property requires permission of the State to enter the property for inspection - you just can't go on the property with your inspector and start going over buildings with a fine tooth comb. The short time frame of the new RFP, along with the terms, look like the RFP was written to favor a bidder who already has inspected the property and has financing in place.
It's time to stop this nonsense. Call the Governor and the leaders of the Assembly and tell them enough is enough.
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160
Senate President pro Tempore Darrell Steinberg
Phone: (916) 651-4006
Fax: (916) 323-2263
State Capitol, Room 205, Sacramento, CA 95814
Senator Dennis Hollingsworth
Phone: (916) 651-4036
Fax: (916) 447-9008
State Capitol, Room 305 , Sacramento, CA 95814
Assembly Speaker John Perez
Tel: (916) 319-2046
Fax: (916) 319-2146State Capitol, P.O. Box 942849, Sacramento, CA 94249-0046<
Assembly Member Martin Garrick
Phone 916-319-2074
Fax 916-319-2174
State Capitol, Sacramento, CA 95814
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